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.