The appeal case involving Football Association of Malawi (FAM) and Beach Soccer Association (BSA) will have to be resolved by the Court of Arbitration for Sports (CAS) in Switzerland since the latter has appealed against the former’s Appeals Committee determination.
FAM’s Appeals committee quashed the preliminary objections which BSA lawyers presented before the appeal hearing after FAM appealed the Disciplinary Committee judgement.
BSA presented its objections including failure by FAM to pay appeal fee, expiry of the time for appeal, involvement of FAM’s secretariat members in the mater and others, while quoting Articles governing the sport in the country and world.
After the dismissal by the Appeals Committee, BSA lawyers, Thabo Chakaka Nyirenda and David Kanyenda have taken a step further informing FAM general secretary, Alfred Gunda about taking the issue to CAS in Lausanne.
“Our clients are dissatisfied with the Ruling of the Appeals Committee and intend to refer the same to the Court of Arbitration in Sports (CAS) in Lausanne, Switzerland.
“Article 52(5)(f) of the FAM Statutes states that the decision pronounced by the Appeals Committee may only be appealed to CAS, or the National Independent Arbitration Tribunal. Our Clients are entitled to prosecute their appeal before CAS,” reads part of the letter addressed to FAM General Secretary Alfred Gunda.
The lawyers have cited FIFA Statutes Articles 57 and 58 where their clients have 21 days until January 5 2021 to lodge the appeal since it falls within the 21 days provided by the laws.
This means that the hearing of the appeal which was set for December 23 2020 needs to be adjourned to abide the outcome of appeal before CAS, as requested by BSA.
“In the event CAS finds in our clients’ favour the hearing for the substantive appeal before FAM Appeals Committee shall be reduced to an exercise in futility as well as become wastage of time and treasury for all the shareholders.
” In out considered view, as long as the timeline for lodgement of our clients’ appeal to CAS is still active and unexpired, it may be fiscally and administratively prudent to refrain from setting down the appeal before FAM Appeals Committee, ” states part of the letter.
The BSA has a new committee which was elected into power in August this year amid strong opposition from the old committee which was operating beyond their mandate of office which expired in 2018.