Mzuni student Kathewera sues Moyale FC for assault: Demands K10m compensation

Mzuzu  University student, Pemphero Kathewera, is sueing Moyale Barracks FC by demaning MK10 million compensation for assault and causing aggravated and life threatening personal injuries during a fracas that took place on May 14 during Mzuni FC v Moyale Barracks match at Mzuzu Stadium. 

A letter from Katherera’s lawyers, Msowoya & Associates to Moyale FC alleges that after game at Mzuzu Stadium, three Moyale players, namely Gastin Simkonda, Boyboy Chima and Mtopijo Njewa descended on Kathewera “and without any lawful cause mercilessly and brutally physically assaulted him.”

“As a result of the assault, our client suffered heavy physical injury including a fractured neck and a dislocated shoulder,” says the letter signed by partner Nicely Claude Msowoya. “Our client was admitted to Mzuzu Central Hospital from the 14th to the 16th May 2018, after which he was discharged but continues to be treated to this day as an outpatient.

“It is our client’s story that physical injury including a fractured neck and a dislocated shoulder. Our client was admitted to Mzuzu Central Hospital from the 14th to the 16th May 2018, after which he was discharged but continues to be treated to this day as an outpatient.

“We contend that the act of your players was barbaric and without any justification. We further contend that you stand absolutely without any defence at law and your vicarious liability for your players’ act is unqualified. You are therefore tortuously chargeable to compensate our client for the pain, suffering, harm and injuries inflicted on our client.

“We thus write to demand MK10 000 000.00 as compensatory damages. We further demand a sum of MK 2 000 000.00 as our costs. 

“Please revert to us on our demands before the close of business on Friday 25th May 2018 failing which we will have no option but to commence a legal suit against yourself, which action will further push upwards your liabilities.”

Reports coming from Mzuzu on that day  are that the events at the stadium happened because of discontent over poor and incompetent officiation of referee Ranwell Sibale. 

Both sides were not happy with the way he handled the game and it is reported that what broke the camel’s back was the referee’s decision to change his mind from flashing a red card after a crude tackle by Moyale’s goalkeeper McDonald Harawa.

 Sibale was seen taking out a red card from his pocket and Harawa is reported to have resigned to his fate but his fellow players mobbed and harassed the ref and in the process, he rescinded his decision. 

That is said to have angered Mzuni fans and they pelted missiles and in the process it is reported that they injured Moyale’s Boy Boy Chima.

Play was stopped for some time until the fracas died down but when the game ended Moyale went on the rampage and started assaulting Mzuni players. It is reported several were badly injured.

It is reported that this was ref Sibale’s first game of the top flight football as he has just been promoted.

After his earlier incompetence, the ref would have earned respect if he had stood his ground and gave that red card to Harawa whether his team-mates were happy or not. 

If his team-mates had continued to harass him from executing his duties, he should have shown them yellow cards in order to chase them away from him in order to approach Harawa.

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