Wanderers challenge charges laid against them by FAM; Denies that its supporters perpetrated violence
Mighty Wanderers FC has challenged all four counts of the charge sheet which Football Association of Malawi (FAM) has laid against them as regards to the abandonment of the Airtel Top 8 between the Nomads and Silver Strikers on September 23 that led to violence.
Following the determination by FAM Disciplinary Committee of Football Association of Malawi that referred back to the Competitions Committee this case for proper review, FAM proceeded to issued a notice that announced the commencement of disciplinary proceedings against the Nomads.
Count 1 of the charge sheet is causing the abandonment of the match contrary to article 10.3 of the 2023 Airtel Top 8 Rules & Regulations, stating that Wanderers’ players caused the abandonment due to their refusal to continue with play in protest of a referee’s decision.
Response from Wanderers, issued by Board secretary, Chancy Gondwe challenges that Article 10.3 of the 2023 Airtel Top 8 Rules and Regulations “does not create any specific offence of misconduct”.
“Acts of misconduct warranting disciplinary action are stipulated in Article 22 of the said Rules and Regulations. The Competitions Committee ought to have strictly premised its charge sheet on the provisions of Article 22.”
Thus the club maintains that at the hearing they shall show that Wanderers’ players “neither refused to continue with play nor caused the abandonment of the match”.
Count 2 is failure to take all the necessary precautions to prevent supporters from displaying of unsporting behaviours by inciting violence and damaging Bingu National Stadium property contrary to articles 22.1 and 22. 24 of the Airtel Top 8 Rules and Regulations and article 17.2 of the FIFA Disciplinary Code.
Wanderers denies this charge and puts the Competitions Committee to strict proof thereof, emphasizing that none of their supporters “was apprehended by the security personnel hired by the Competitions Committee or at all”.
Further, the host club Silver Strikers and/or the Competitions Committee were responsible for order and security both in and around the Stadium before, during and after the match in terms of Article 17(1) of the FIFA Disciplinary Code.”
Count 3 is bringing the name of the sponsor, FAM and the game of football into disrepute, saying Wanderers’ actions — as in count 1 and 2 — have brought the name of the sponsor, FAM and the game of football into disrepute.
But the Nomads challenge that the charge “is defective and embarrassing for failure to disclose the charging provision upon which the alleged offence is premised”.
“In any event, Mighty Mukuru Wanderers Football Club denies bringing the name of the sponsor, FAM and the game into disrepute and puts the Competitions Committee to strict proof thereof.”
The case was first handled by the Competitions Committee and Wanderers appealed against the determination that was made and among grounds of appeal was that the Nomads were not accorded their right to be heard.
FAM Disciplinary Committee of Allison M’bang’ombe (chairperson); Ted Roka (vice-chairperson) and member Khumbo Bonzoe Soko agreed with this — quoting Article 94 of FAM’s Disciplinary Code, saying the Competitions Committee “completely abrogated” Wanderers’ right to a hearing and thus “the decisions of such a flawed process cannot stand”.
The Disciplinary Committee referred the case back to the Competitions Committee emphasizing that “no disciplinary measure or indeed any other measure which adversely impacts another can be meted out against any person before that person is heard”.
“The Committee, therefore, sets aside all of the decisions that were made by the Competitions Committee as communicated in its Determination dated 28th September 2023.
“This however, cannot be the end of the matter,” continued the determination. “It is quite clear to the Committee that the matters that occurred on 23rd September 2023 ought to be properly inquired into and appropriate decisions made.”
The committee also ruled that the second leg of the Airtel Top 8 match between Wanderers and Silver Strikers — whose first leg was determined that it ended 2-0 in favour of Silver Strikers and not 2-1 when it was abandoned — should not yet be played until the resolution of the matter.
Amongst other decisions that the Nomads are appealing included a financial sanction of K500,000 for being found guilty of failure take the necessary precautions to prevent their supporters from displaying unsporting behaviours by throwing objects into the field of play and damaging stadium seats.
The Committee has also ordered Wanderers to pay for the costs associated with the repair and restoration of all damaged facilities at Bingu National Stadium which stands at K22,083,400 as per the preliminary assessment by Bingu Stadium authorities.
Wanderers were also fined K2 million for being found guilty of bringing the game of football, FAM, and the name of the sponsor into disrepute.
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