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, 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.