High Court judge Dingiswayo Madise has told Kaporo Stars FC that the club violated rules of the game by taking football disputes to court and dismissed the application for an injunction to stop TNM Super League.
“In all fairness, football disputes never seek solutions in the ordinary courts and to us as Mzuzu High Court we feel the applicant missed the channel and we told them to take the matter to the Arbitration Court in Geneva where they can be assisted if they are not satisfied,” said Judge Madise.
“Football must be played on the pitch and not in judge’s chambers; thus football matters are not supposed to be taken to court until all remedies within the football arena are exhausted,” reads part of the court ruling.
However, the court advised Kaporo to appeal to Confederation of African Football (CAF) or Fifa if they feel that FAM has not addressed their complaints.
Kaporo dragged Football Association of Malawi (FAM) and the Super League of Malawi (Sulom) to the High Court seeking the court’s determination to put the league on hold until FAM appeals committee hears its case.
Lawyer representing Kaporo Stars, George Kadzipatike said they wanted court to declare that FAM should comply and abide by the provisions of its own constitution/statutes which provide for a right of appeal by any party who is aggrieved by the decision of the disciplinary committee.
Kaporo are also seeking an order quashing the decision of the second defendant (Sulom])in releasing 2015 TNM Super League fixtures which were based on the decision of the first defendant [FAM] in approving Mzuzu University FC as winners of the Simama League.
They also want the court to order FAM’s appeals committee to sit and determine the Plaintiff’s appeal which was duly lodged as per the constitution of FAM.
Kaporo, who finished the Simama League on position five, feel they won their game against Mzuni which FAM later ruled to go for a replay after it was marred by serious administrational woes.
FAM general secretary Suzgo Nyirenda said the High Court ruling has vindicated his earlier “advise” that football matters are not supposed to be taken to court.
Kaporo’s owner Alufeyo Banda ruled out any possibility of taking up the matter further with either CAF or Fifa.Follow and Subscribe Nyasa TV :