The Football Association of Malawi ( FAM) has requested TNM Super League Champions Silver Strikers to withdraw their case against Mighty Wanderers on striker Tonny Chitsulo in courts within a period of seven days.
In a letter signed by FAM’s general secretary Sugzo Nyirenda addressed to Silver Strikers FC, the football mother body has said they are dismayed with Silver decision concerning the transfer of – Tonny Chitsulo and the subsequent payment for the transfer following the return of the cheques to the drawer.
“FAM would like to humbly request your club to withdraw the matter from the Ordinary courts and allow FAM to mediate and arbitrate on the dispute. Kindly be reminded that Article 55 of FAM’s Statutes state that: Any recourse to the normal court is excluded in respect of the definitive decisions returned by the organs of FAM. Any decisions must be submitted to the authority of the arbitration tribunal of FAM, which will settle the dispute,” reads the letter.
FAM also cautioned the Bankers that In the same manner, FIFA Statutes – Article 68 clearly prohibits taking purely football matters to ordinary courts of law and FIFA has empowered its Member Associations to impose sanctions on any party that fails to respect this obligation.
The soccer governing body said there are several ways of enforcing payment by Mighty’Wanderers within the football structures without resorting to ordinary courts.
FAM emphasised that their arbitration team is ready to intervene in the matter so that it can be dealt with once and for all once the Bakers confirm withdraw of the case from the ordinary courts.
“It is expected that your club will withdraw the case within seven days so that the mediation and arbitration processes can settle the matter amicably. We trust that our request is in the right order and as an affiliate of the Super League of Malawi which is affiliated to FAM, your club will comply with the Statutes accordingly,” it reads.
Mighty Wanderers bought Tonny Chitsulo but their cheque which they issued as transfer fee was not honoured at the Bank forcing Silver Strikers to take the matter to court.
Before asking for the courts intervention, the Bankers wrote the Nomads to stop using the player which they obliged.
After the Nomads won the 2013 Standard Bank Cup 1-0 against Silver Strikers, the matter resurfaced with the Bankers asking the courts to freeze the Nomads accounts so that they recover their money.