FAM Elections Committee rejects Nyamilandu’s allegations of Haiya’s ineligibility to contest as president
The elections committee of the Football Association of Malawi (FAM) has dismissed an appeal from Walter Nyamilandu in which he was challenging the legibility Fleetwood Haiya to contest as FAM president at the elective general assembly on December 16.
Through his lawyers, Makiyi, Kanyenda & Associates, the incumbent FAM boss presented a case that in terms of Article 39(3)(h) of the Fam Statutes, Haiya is ineligible and disqualified to contest as he currently holds the position of Super League of Malawi (SULOM) president and that he is a director of Nyasa Big Bullets Football Club.
He argued that the elections committee “erred at law and in fact by purporting to approve Haiya as a duly nominated candidate for the post of FAM presidency” — and therefore Nyamilandu “is the only and sole candidate duly nominated”.
He further emphasised that Haiya was not duly nominated as candidate and by operation of law Haiya is automatically ineligible and disqualified to participate as a candidate for the post of FAM president or to participate as a candidate for any other post.
He quotes provisions of Article 39 that says, among others, that an aspirated should be a bonafide citizen of Malawi; be at least 30 years of age; have played an active role in football, as player or an official for a period of at least 3 consecutive or cumulative years of the last 5 years before being nominated.
It also says the candidate should not at the same time hold any position in a member of a club subordinate to Member except for those representing the National Women’s Football Association and SULOM.
They should also not at same time be a member of an independent committee of FAM — further emphasizing with attached copies of notice of change of directors issued under section 172 of the Companies Act, 2013, which indicates Haiya does hold a position as a director of Nyasa Big Bullets and is a member of FAM by virtue of SULOM in terms of Article 12(a) of FAM Statutes.
On November 18, FAM elections committee published a notification that after its screening process, it approved Haiya and Nyamilandu for presidency; Christopher Madalitso Kuyera and James Mwenda for 1st vice-president and Lameck Khonje & Othaniel Hara as 2nd vice-president.
Executive member aspirants are Daudi Mtanthiko, Chauncy Gondwe, Patrick Kapanga, Bernard Harawa, Raphael Humba Chimango Munthali and Muhammad Selemani while the women member position is to be contested by Felister Dossi and Mervis Mangulenje.
The notice further said any party not satisfied were to appeal within 7 days of the publication (November 18) to which Nyamilandu delivered his on November 24.
But in rejecting the appeal, the elections committee says Nyamilandu’s “appeal has fallen foul of Article 12 (2) of the FAM Electoral Code — he ought to have filed his appeal on or before the 21st November 2023”.
“Article 12 (2) of the FAM Electoral Code provides as follows; ‘any appeal, with its reasons, shall be sent by registered post or delivered in exchange for confirmation of receipt to the general secretariat of the FAM within 3 days of receipt of the electoral committee’s decision.
“In his letter of appeal, Mr. Walter Nyamilandu Manda has argued that his appeal, though filed on 24th November 2023 is a competent appeal filed timely as envisaged by the press release of the FAM Elections Committee.”
The committee further contends that in his appeal Nyamilandu quoted the nomination notification notice that said ‘any party not satisfied with any of the foregoing decisions of the Electoral Committee may appeal to the Electoral Appeal Committee within 7 days of the publication of this list by writing to the General Secretary, Football Association of Malawi, P.O Box 51657, Limbe’.
“We disagree. FAM Elections Committee has no powers to change the FAM Electoral Code, as such, faced with this apparent conflict between the Press Release and the FAM Electoral Code, Mr. Walter Nyamilandu Manda knew or ought to have known that the press release must yield to the Electoral Code.”
Haiya was elected SULOM president in February this year with an eye to contest for the hot seat of FAM presidency to oust Nyamilandu, whom critics says the Confederation of African Football (CAF executive member since July this year, has overstayed on his position.
Meanwhile, Malawi National Council of Sports says it expects that the conduct of all contestants for the FAM elections should be “democratic and sporty in nature” and that the Council “will closely follow all the processes relating to the elections”.
Thus Sports Council emphasises that it expects contestants to
* freely express their opinion without fear or being intimidated;
* To openly declare their candidates without fear or being intimidated;
* Not to use language or actions that will provoke or promote violence; and
* To desist from threatening or intimidating each other during the campaign period and the electoral process.
Sports Council further says its role on the FAM elective general assembly “is to observe what is happening prior and during the electoral process” and believes that the elections “will be free and fair and the best candidate will be victorious”.
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