Mijiga cleared to stand for FA Malawi president – Legal opinion

A legal opinion in Nyasa Times possession has cleared stumbling blocks for marketer Wilkins Mijiga’s to run for the position of Football Association of Malawi president during the December 12 elections.

Mijiga: Cleared for FAM president polls

Mijiga: Cleared for FAM president polls

Mijiga, who has been nominated by Super League of Malawi (SULOM), sought legal interpretation to clarify his suitability to run with regard to the number of years an aspirant is required to serve.

Article 34(2), FAM Statutes provides for the eligibility criteria for a candidate in an election that a candidate must be (30) years of age, possess a Malawi School Leaving Certificate of Education or its equivalent.

A person must also have already been active in association football for a period of not less than five (5) years (active as a player or official), not have a conviction in the last seven (7) years of a crime involving dishonesty and moral turpitude and be resident within the territory of FAM.

But the legal opinion by Dr Chikosa Silungwe and  George Mtchuka Mwale said Football Association of Malawi statutes were not clear on the minimum period of five years a person can serve in order to stand for the elections.

‘Active’ in its ordinary meaning is ‘to be busy with’, or ‘to be involved in’, a particular endeavour. The extent of ‘being active’ is, therefore, factual and contextual,” reads the report.

“Association football’ is defined under the FAM Statutes. The minimum period of five (5) years has not been qualified. The period can be both cumulative and consecutive.”

The opinion also states that there is ambiguity in the use of player and official in the FAM Statutes.

“Player’ is not defined under the FAM Statutes. However, in its ordinary meaning it may mean ‘someone who takes part in a game or sport’. Official’ is defined under FAM Statutes. The definition is so broad to include a member of the Executive Committee, an organ, a Standing Committee, or an Ad-hoc Committee of FAM respectively.”

It states that having met this requirement Mijiga is free to stand having been nominated by one affiliate.

“On the available information, WM is eligible to contest for the post of President of FAM at the elections,” summed up the opinion.

Mijiga sought the legal interpretation following the underground moves to block him from contesting on the premise of not being active.

Mijiga despite being nominated by one affiliate is a strong contender against incumbent Walter Nyamilandu and another nominated candidate Wille Yabwanya should they be cleared to run.

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Wozitsata Heavy
Guest

zikanakhala zovota masapota onse izi ndithu Walter cud be defeated komano apa umphawi wathu ndi makobiri ake a cashgatewo amugwirira ntchito basi.
My plan B is to …………………………………………………basi!!!

mulibwanji
Guest

Wilkins is DPP plant at FAM. Try to find out the reasons why he wants to contest, you will be disappointed. We know whatever is happening underground. They just wanted to use him for sure.
We know the main sponsor of the Team Mijiga man. Ali pheee. Mafia oopsa.

kholes
Guest

walter achoke basi zake wachitao

Nyachi
Guest

Everyone has got weaknesses even Nyamilandu mukumunenayo enanso amaona zofooka zake, the fact is Nyamilandu has done his part, let others come in aonetsenso zintchito zawo so that Malawians will compare. Why do people want only Nyamilandu without sampling other candidates abilities? Vuto ndi ma affliates kukomedwa ndi chibanzi basi, kunali Owen Chomanika, Ali Mwachande ana amfundo zako koma osawasankha, mpira ku Malawi suzathekanso ndi Nyamilandu

Sheikh Phiri
Guest

Nyamilandu basi ntchito wagwira. Leave the stage to others!

want that child
Guest

Awa ndiye kubeeeeetsa. Kulibe ena apart fron walter and this guy. A chikosa nanu mmalo molankhula zanzeru….am losing the respect i had for you. Mxii

mtate mike rsa
Guest

Vuto la malawi ndilimenelo muthu akakhala wakunja mumawonangati ndimulungu sankhani wakonkuno akuziwa uphawi(mijiga)wota sanapite kuskulu koma kugulisa magame aflames matchfixing.

Zanga Phee!
Guest

We need new face with new plans please mijiga more fire new president new coaches good results for flames.See my name.

chizamsoka munthali
Guest

Canadian based billionaire Willy Yabwanya Phiri for FAM president

nkhoma
Guest

Wilkins Mijiga, You are a well read economist and respected banker. Why are you so desperate? It is not Chikosa Silungwe and Mchuka Mwale who will clear you. This is tantamount to clearing yourself. You will be cleared by Justice Dingiswayo Madise. If people need your services they will without doubt come to you koma now I am getting worried.

wpDiscuz

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