
By Duncan Mlanjira
All the three grounds of the complaint filed by contestant, Peter Jailosi, for the post of Southern Region Chess League (SRCL) chairperson have been quashed by mother governing body, Chess Association of Malawi (CHESSAM) — which has since ratified that Steve Mpighu was duly elected as chairperson.
The Commission of Inquiry has since recommended that CHESSAM should consider disciplining Jailosi for bringing chess as a sport into dispute.

Jailosi faces disciplinary action
The elections results were withheld following the complaint lodged by Jailosi alleging that there were an irregularity on the post of chairperson.
He contended that a journalist, who is not a CHESSAM nor an SRCL member, “was forced to vote even when he said no to that. Why was he forced to do that?”
Jailosi continued to allege: “According to the election document that was circulated from SRCL, candidates were supposed to show their interest by applying to SRCL PS and CHESSAM secretary general within a specified time frame and closing date and time were October 24, at 9:00AM.

Mpighu duly elected
“Why allowing Mr. Mpighu, who communicated verbally when the document clearly indicate that it should be in a written form and sent to SRCL publicity secretary and a copy to CHESSAM Secretary General?
“If he claims to apply, I need a proof of the document sent and when? There was a closing period for applications which was set at 9:00AM, why allowing someone who showed interests at 12:13 to contests?
“What motivations were there? If the closing time was changed, why didn’t they communicate to us? And why did it change?”

During the elections
He continued to allege that Mpighu, as the outgoing chairperson was a CHESSAM member by default, and the moment the committee was dissolved, he was no longer a CHESSAM member.
“I understand from reliable sources that the moment these elections were being conducted, Mr. Steve Mpighu was not a CHESSAM member because he did not even pay for CHESSAM membership, why allowing a candidate who is not a CHESSAM member to contest yet the rules were clear?” he queried.
In the verdict, CHESSAM publicist, Alfred Chinthere says the comprehensive assessment and findings by a Commission of Inquiry — chaired by its legal advisor, lawyer Daniel Chioni — established the findings within 48 hours that all the three grounds of a complaint raised by Jailosi have been quashed with a Constitutional explanation.
The report from lawyer Chioni and his Commission of Inquiry, said they were also furnished with a report of the election by the presiding officer Leonard Sharra, the CHESSAM GS.

The elections were handled by CHESSAM GS
Leonard Sharra (left)
The allegations that the journalist, Sonkie Foster Leymanni, who was said to have being forced to vote and not being a member of SRCL nor CHESSAM, it was established that he was a member of SRCL but Commission was unable to verify whether indeed Leymanni was forced to vote.
“The report from the CHESSAM presiding officers of the elections is to the effect that out-going Committee confirmed membership of all present on the date of the meeting,” says the Commission.
The Commission adds that when the outgoing SRCL general secretary Gift Howa Howa made his confirmation announcement of the members present, an objection was raised on Leymanni’s membership but the consensus from the meeting confirmed he was a member and eligible to vote.

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“The Commission observed that SRCL does not have an updated register of its membership and this made member verification difficult [and thus] recommends that CHESSAM should ensure that leagues have up-to-date list of membership.”
On whether Mpighu submitted his expression of interest to contest after the deadline for such submission had passed, the Commission contends that the SRCL Constitution is silent as regards to the deadline for submission of expressions of interest to contest for elections and the manner in which such submissions should be made — that is whether orally or in writing.

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“The Commission recommends that constitutions of leagues should expressly address this issue by prescribing the deadline for submissions and the how those submissions should be made.”
On the deadline for submission of expressions of interest that it was 9:00 a.m. on the elections day, the Commission quoted the returning officer, Sharra as saying:
“Outgoing chairman Steve Mpighu submitted his application to stand for the chairmanship in the morning of October 24, 2020 after his earlier indication that he was not seeking re-election. He first called me at around 8.30am to express his interest and since I was on the road, I told him I had taken note of his candidature but advised him to either whatsapp or write a letter as per procedure.
“He chose the latter and I found his hand-written letter upon my arrival at the venue. He also enclosed MK3,000 which he said was his registration fee to Chessam. I hereby, attach the letter for records purposes.

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“Ackim Chihana had earlier indicated that he would be contesting for the position of general secretary but he also communicated on the elections day through the outgoing publicity secretary, Wadza Ottoman that he had opted to contest as a committee member.
“As returning officers, we accepted the candidatures of the two because there was no legal basis to bar them. The CHESSAM constitution, which we used as a guiding tool in the absence of the SRCL constitution is vague on the administration of regional polls.
“Additionally, CHESSAM allowed aspiring candidates for the other regional polls held earlier in the month to declare their interest even an hour before the elections,” says Sharra in his submission.
The Commission thus contends that the problem lies with the absence of guiding instruments or documents on the conduct of elections for leagues.

Mpighu during the voting process
“It seems that Mr. Steve Mpighu verbally by phone expressed interest to contest in the lections at 8:30 a.m. on the day of the elections and he followed this by submitting a letter to the CHESSAM General Secretary.
“The Commission observes that the practice for past elections has been to allow verbal nominations for positions even on the day of the election itself. The Commission finds that Mr. Steve Mpighu expressed interest to contest in the elections before the deadline of 9:00 hours.
“The Commission is of the view that the fact the expression of interest to contest by Mr. Steve Mpighu was made to the presiding officer, CHESSAM GS and not to SRCL’s Publicity Secretary is not enough to warrant nullification of the election.
“If this was a constitutional requirement, it would have been enough to disqualify Mr. Steve Mpighu from contesting.”
Further, the Commission says whether Mpighu was not eligible to contest in the elections on the presumed basis that he was not a member of CHESSAM having not paid membership fees “we must state from the onset that the fact that a person has not paid CHESSAM membership fees, does not on its own make one cease to be a member of CHESSAM”.

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“Article 5.6 of CHESSAM Constitution sates as follows ‘Each member shall on admission pay a registration fee set by the Executive Board’. Article 5.7 of the CHESSAM Constitution provides ‘Each Member shall pay annual fees as set by the Executive Board from time to time’.
“From the above two provisions, it is clear that (1) a member only becomes liable to pay a fee (called a registration fee) on admission to membership and (2) thereafter he becomes liable to pay annual membership fees.
“Payment of the fees is not therefore a pre-condition for membership. There are however consequences for non-payment of membership fees, and these include being barred from participating in CHESSAM activities (see Article 11.10 of the Constitution).”
The Commission further says by the time Mpighu was expressing his intention to contest in the elections, he had paid in full his membership fees and was, therefore, eligible to contest in the elections.
The Commission, thus recommends that CHESSAM should consider disciplining Jailosi for bringing chess as a sport into dispute.
“By going to the press, before CHESSAM responded to his complaint, this has damaged the image of chess and for the language he used,” says the Commission.

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