Faz disciplinary committee chairman Sunday Nkonde SC has said football administrator Simataa Simataa’s suspension by Football House is null and void.
In a letter to Simataa obtained by LT this evening, Nkonde said Simataa’s suspension was unconstitutional.
Faz suspended Simataa on March 7 for brining the game into disrepute for allegedly constantly attacking Kalusha Bwalya’s executive.
“I acknowledge receipt if your Tuesday, March 9 letter to me in my capacity as chairman of the FAZ disciplinary committee,” Nkonde said.
“In the letter, you wonder if the executive committee action to suspend you is in conformity with the disciplinary procedures or not.
“I wish to respond as follows: 1. The disciplinary committee has never sat to hear any complain leading to your purported suspension. 2. This is a purported suspension because it is unconstitutional and null and void ab initio (right from the beginning). The Faz executive committee or whoever sat in the name of the Faz executive committee has not power under the current Faz constitution to suspend an official on disciplinary grounds.”
Nkonde went on to say that under Article 47 of the Faz constitution, the only recognized judicial bodies are the disciplinary committee, The Faz council appeals committee and the Arbitration council.
“The Faz executive committee is not one of the judicial bodies,” Nkonde said.
“Even Article 4(15) which the Faz executive committee has invoked in suspending you doers not give such power to the Faz executive committee.
“Article 4(15) refers to powers of Faz-not powers of the Faz executive committee. Thus, the provision begins with the words “Faz shall have full power….” and not the words “the Faz executive committee shall have fill power…
“Faz comprises such bodies as the Faz council, the Faz executive committee, the secretariat, the judicial bodies, the standing committees, etc (Article 25) but whose various powers are set out in the various Articles of the Faz constitution.
“The powers of the Faz Executive committee are found in Article 27(6) of the Faz constitution. And a quick perusal of Article 27(6) confirms that the powers of the Faz executive committee do not extend to powers to suspend an official or take any such disciplinary measures.
“What the Faz executive committee or whoever sat in the name of the executive committee has/have done is to usurp the powers of the disciplinary committee established by Article 45 of the Faz constitution in the first place. I repeat that such an act is unconstitutional and null and void ad initio. The appeal is not even necessary.
“In fact, it is wrong for the Faz executive committee to be the complainant, prosecutor and judge in the same case. The Faz constitution provides for the separation of powers when it comes to disciplinary cases (for instance, no member of the executive committee sits on the disciplinary committee or the Faz council of appeals committee). Due process has to also be followed.
“Lastly, whoever is giving legal advice to the Faz executive committee must be very careful and avoid clearly misleading the Faz Fez executive committee in making patently unconstitutional decisions.
“What has happened is very unfortunate. It is akin to a president of a country appointing judges but when he or cabinet feels aggrieved, they sit and pass sentences on persons instead of letting the judges handle the cases.”
Nkonde said it was regrettable that people could not find time to benefit from his legal knowledge and experience.
“I am a lawyer; a State Counsel for that matter. I also once served as Solicitor General of the Government of the Republic of Zambia for close to 6 years,” he said.
“It therefore, becomes regrettable if people can to find time to benefit from my legal knowledge and experience. I mention this because there are just too many unconstitutional decisions being made and those that may not be in a position to verify as you have done may wrongly conclude that these decisions have some input from me when this is not the case.”
Nkonde said he trusted he had responded to Simataa’s letter and that a copy of his reply had been forward to the Faz general secretary for the attention of the Faz executive committee.
Great relief for Mr. Simataa no wonder he was laughing on news yesterday after receiving the letter from Faz.
Guys, guys…. was this letter surely and really drafter by the former SG of the Republic Zambia in his sober state? This calls for a vigorous followed up, SORRY!!
surely this means war between kalu and Nkonde and the problematic simataa
Smarter Smarter gets the upper hand!lol
Great Kalu misses a Penalty!!!
Hahaha,
If Zambia was a soap, lots of people would watch.
True #5
we would all be glued to our screens.
It’s like those with influential positions can wake up, twist the law to their own understanding, and pin down who ever disagrees with them. we are is some serious drama (soap)
What a load of hogwash..CAN ZAMBIANS PLEASE FOCUSN SERIOUS STUFF! Come on guys stop being childish. Can we please let FAZ sort out its own issues??? How on erth is FAZ gonna find sponsors with all this constant crap. Simaata is an *****, trying to grab the limelight. Can he just shut up and go on diet or something. The whole thing is so damaging to football. Simmata ,if he is so keen on making his first mark on Zambian Football, must wait until elections. He is damaginf the FAZ name on a daily basis. The key word here is SHUT UP!
There is alot of rotten things going at Football House. If Kalu and team are failing us in as far as Football admin is concerned then the councillors should petition for their disbandment. We are not for names but quality service delivery. This day you hear that Hon. Munaile is being sidekined when its to decision making. FAZ is full of contradictions. Others are in forward gear whilst others are in reverse. No wonder we can afford to demolish a stadium and fail to finish it. No clear cut plan. The other day it was stated that the Chinese are going to build another modern stadium in Lusaka. Where about in Chilanga or Lusaka East. This country we never learn we like finger pointing at the expense of development.
FAZ EXECUTIVE is already damaged goods. Simata is a memeber of FAZ TRYING TO SORT THE MESS not the other way. Kalu and group want to be left alone to continue messing. With the support of FIFA they will succeed. FIFA is interested in KALU not Zambia
hehehe..viva simataa…wawa kalu…
Pipo,
In simple terms: What is the problem in FAZ? I am confused….
the problem is FAZ is Kalu is not schooled in the school of diplomacy and proffessionalism. he thinks FAZ Chimpombwa chakwe. all these problems are a manifestation of his maladmininstration. can we bring a more enlightened and proffesional soccer executive?
Simata is trying to help sort out the mess that kalusha has brought on FAZ if he is not removed from that position sooner than later he will do alot of damage to the game in Zambia and then go and live down south with his wife football funs wake up and sort out this Kalusha chap.
Kalusha and that boy with a large mouth called Mwanza,can you be serious and stop thinking that FAZ is your personal property.
FAZ entirelly relies on our money(Tax payers)so all of us have should have a say!
Stop routing it for God’s sake!
I wish Simata, can also reflect on what he did in 1995 as acting Chairman when he saved Nchanga Rangers and Roan Utd from relagation by concorting fake cases against the so called small teams.He showed no regard for evidence before his panel.
Yah! kwena mwaba ifyabupuba mu chalo chesu.
kalu will take football nowhere.
there we go again, a game of politics))>>>>>>>>>>
Simataa for FAZ president!
kalu is not a good leader period…he needs to find some other things to do
When two elephants fights,grass suffers! so as for now our nation team and all the clubs in this case are refered to be grass of which the expected bottom line after such conflicts are poor results.Please,Great Kalu,Famous Simata and Galant Nkonde “spare our area of interest” you are all a problem without an answer