Judge Madise tells Kaporo FC ‘football matters are not supposed to be taken to court’

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.

Justice Madise:  Dismiss application

Justice Madise: Dismiss application

“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.

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16 thoughts on “Judge Madise tells Kaporo FC ‘football matters are not supposed to be taken to court’”

  1. Hardson says:

    Kaporo what was your arrears in the matter because I learn that even if Mzuni couldn’t make it you ere not the one who could make it. Next time don’t invest in such unprofitable chaos.

  2. Dan says:

    So footbal has no courts in Malawi, telling Kaporo to go to Geneva is telling them to stop complaining and shut up, this the learned judge knows


  4. Wadya Kake alibe mbiri says:

    Hahahaha koma akapolo a Kaporo UTD mwanya ndithu. Tikudziwa munadya za eni a Chirumba Barracks,muona kuti mabwezedwe ayenda bwanji. Big up ma’ man Madise indeed football should not be played in the court chamber rather should be played on the pitch.

  5. Mr Speaker Sir,Nyungwe, says:

    Stupid judge with his stupid determination.If you have failed to judge,why giving out an advice?Kaporo did not seek an advice from the court but a determination.

    1. Inhumane Rights Activist says:

      You are as daft as Kaporo FC and your lawyer. Never in a million years has a footballing matter, unless its a criminal offence like hooliganism, been dealt with in a conventional court. Never all over the world. Your lawyer should have known better and I am sorry to say this, he has chewed free money from whoever hired him to represent you dunderheads. So do not vent your anger towards the Judge. he has just hit the bull’s eye. There is what is called the Court of Arbirtration for Sports in Geneva, Switzerland. Ask your lawyer to take you there.
      By the way, where did your lawyer graduate from? Chichiri Trade Fair Grounds law school, I guess.

    2. Inhumane Rights activist says:

      There is no way in a million years that a footballling case is handled in a civil court. No way all over teh world. Unless is an extreme case of say hooliganism and death etc. But these types of cases are under FIFA statutes. They are dealt by the Court for the Arbitration of Sports in Geneva, Switzerland and your lawyer should have known better. I am sorry to say this, you or whoever financed your legal case, lawyer wadya yaulesi. Musova!

  6. Lloyd says:

    Imenyo nde malawiyo

  7. Mpandadzina says:

    I totally disagree with the judge.FIFA rules state that do not take football matters to courts and not that courts cannot handle football matters.Courts handle any matters of dispute brought before them.Thats the problem of having one judge handling everything.When he is caught up in matters where he has some interests he just throws the matter out instead of recusing himself.You don’t throw a matter out and tell them to seek other jurisdictions you tell them to appeal if not satisfied.If I were the lawyer I would appeal for justice to be applied.A Dingi we respect you but apa sizoona kuti you cannot handle this!!!!!!!

    1. Gas Machine Head says:

      Check the response to comment number 8

  8. Njeresa says:

    A Kaporo mukuonekeratu kuti munadya za eni. Zikuvutani kubwedza zimenezi. Kaya nokha. Why kukakamira pamene muli position 5. A clear indication that money exchanged hands. Why waisting your resources on issues you cant benefit from?

  9. fight says:

    Last season it was Mzuni agaist Karonga United .This time it is the same Mzuni agaist Kaporo United.What’s so special with Mzuni?
    Nawenso Dingi ndiye watopa.

  10. You must know!!!!!! says:

    Kaporo FC. Limatolo ningambako mumapoloto. kkkkkkk

  11. Chiuta watilongozge says:

    Football Administrators in Malawi are a big joke no wonder our super league is also a big joke. Do we really expect individuals to waste their resources supporting football teams if teams like Mzuni who have connections can buy “justice”? Can a reasonable person be jubilant that he has been vindicated when he miserably failed to effectively address the malaise at hand? We are a big joke!!!!

    1. Gas Machine Head says:

      Check response to comment number 8. Am sorry

  12. Karo gaii says:

    Kaporo just go to CAF,they will nullfy mzuni games

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