FAM calls for hearing on Wanderers’ appeal against rulings of misconduct during Airtel Top 8 quarterfinal

The man at the centre of it all, referee Godfrey Nkhakananga

* To take place on Saturday, October 14 at FAM offices in Chiwembe, Blantyre from 11:00hrs

* Wanderers asked to bring witness(es) and/or any documentary evidence and to bring their legal representatives

* FAM’s Competitions Committee to submit a response to Wanderers’ grounds of appeal by tomorrow (Wednesday)

By Duncan Mlanjira

Football Association of Malawi (FAM) has responded to Mighty Wanderers FC appeal against the decision of the FAM Competitions Committee on charges of misconduct that took place on September 23 at Bingu National Stadium during their Airtel Top 8 match against Silver Strikers and thus calls for a disciplinary hearing with the club.

To take place on Saturday, October 14 at FAM offices in Chiwembe, Blantyre from 11:00hrs, FAM asks Wanderers “to bring witness(es) and/or any documentary evidence that the club may wish to rely upon at the said hearing”.

“The parties are being encouraged to bring their legal representatives to the hearing,” says the letter signed by Chief Executive Officer, Alfred Gunda, dated September 9, which also requests FAM’s Competitions Committee to submit a response to Wanderers’ grounds of appeal by tomorrow (Wednesday).

The grounds of appeal indicate that the Competitions Committee erred in law and in fact in determining and finding that Wanderers players caused the abandonment of the match and erred in failing to determine and find that the obvious officiating error by referee Godfrey Nkhakananga caused the abandonment.

Wanderers further maintain that committee erred in law and in fact in failing to take into account the provisions of Article 16(1) of the FIFA Disciplinary Code by imposing a severe and disproportionate penalty of forfeiture of the match by a margin of two goals to zero (2-0).

It also erred in law and in fact in failing to order either a replay of the match or the prevailing result of 1-1 to stand and that the committee failed to account the primacy and supremacy of FIFA Statutes, Rules, Regulations, Codes, Directives in the resolution of football related disputes.

On supporters’ violence that led to damage of Bingu Stadium seats, Wanderers argue that the Committee erred in law and in fact in determining that the club “failed to take necessary precautions to prevent their supporters from displaying unsporting behavior supporters [and the club] did nothing to discourage the escalation of violence perpetrated by its alleged supporters”.

Thus the Competitions Committee erred by failing to take into account that Wanderers were not responsible for provision of security before, during and after the match both inside and outside the match venue.

The Nomads argue that the provisions of Article 17(1) of the FIFA Disciplinary Code obliges host clubs to be responsible for order and security both in and around the stadium before, during and after matches — thus Silver Strikers should be liable for incidents of any kind including the throwing of objects and any other lack of order or discipline in or around the stadium contrary to the provisions of Article 17(1) and (2) of the FIFA Disciplinary Code.

On the decision for Wanderers to pay K22,083,400 in respect to the damaged stadium seats as preliminary assessed by Bingu Stadium management, Wanderers argue that they were not accorded representations or otherwise to be heard in respect thereof.

Thus the Committee “erred in law and in fact in failing to apportion the alleged costs of repair and restoration amongst the blameworthy parties” — namely the host club, Silver Strikers, referee Godfrey Nkhakananga and the same FAM Competition Committee because Wanderers are “an innocent party”.

The club further contends that they should not be party to the fine of K500,000 and K2 million the club was imposed as it excluded “blameworthy parties” of Silver Strikers, Nkhakananga and the FAM Competition Committee itself.

In determining that Wanderers failed to prevent its alleged supporters from engaging in improper conduct that brought the game of football into disrepute contrary to Article 67 of the FAM Disciplinary Code, the club contends that the security lapses were attributable to Silver Strikers and the FAM Competitions Committee — who were responsible for security management.

The Nomads argue that referee Nkhakananga was correctly found that he made an obvious error in the interpretation of the Laws of the Game — thus the Competitions Committee should have ordered either a replay or that the prevailing score of 1-1 should stand.

Wanderers thus accuse that the conduct of the referee Godfrey Nkhakananga “amounted to match manipulation thus warranting either a replay of the match or that the prevailing score of 1-1 should stand”.

The grounds of appeal make a reference as precedence the decision of world football governing body, FIFA that ordered a replay of the FIFA World Cup qualifier between South Africa and Senegal whose outcome was discredited due to obvious refereeing errors.

“…Abandoned matches are a unique species of matches that may be replayed irrespective of the behavior of any club in terms of Article 16(1) of the FIFA Disciplinary Code”.

Referee Nkhakananga is accused of being on record of bias and hatred directed towards Wanderers through various social media utterances and that the Committee’s determination “was manifestly against and unsupported by the weight of the evidence”.

Wanderers are referring to an insulting statement Nkhakananga posted on Facebook in 2013 after the Nomads were beaten by Red Lions that seemed to suggest that the referee has an axe to grind with the Lali Lubani Road club.

“The sanctions imposed in the Determination of the FAM Competition Committee were grossly excessive and the same are discriminatory for being solely targeted at our club to the exclusion of the blameworthy parties — namely Mr Nkhakananga, the host club Silver Strikers and FAM Competitions Committee.”

Thus Wanderers conclude that they seek relief for an order to allow the instant appeal in its entirety; an order permanently setting aside or reversing the impugned determination of the FAM Competition Committee in entirety and an order to annul the sporting sanctions they were imposed.

Wanderers also seek the financial sanctions they were imposed to be annulled and an interim order of stay of enforcement of the impugned determination pending hearing and determination of the instant appeal.

They also demand for an interim order postponing the second leg fixture of the Airtel Top 8 quarter-final against Silver Strikers pending hearing and determination of the instant appeal.

When the first leg match was abandoned, Wanderers coach, Mark Harrison was left seething with fury over the referee’s decision when he first blew the whistle for an infringement but ruled for advantage when Silver Strikers ignored his decision and went on to score — thereby awarding the goal.

The emotionally Harrison told the media that in his whole football experience globally, he has never encountered such unprofessional refereeing as that of Nkhakananga whistling for handball and within five seconds, whistling again after Stain Davie went on to score despite Nomads players being stationary waiting for the Bankers to take the free kick just centimetres away from the penalty area.

Wanderers’ technical panel officials invaded the pitch towards the referee to explain to what really happened and the match stopped for close to 10 minutes — with Wanderers refusing to start the play at the centre — which forced Nkhakananga to end the match a few seconds after discussing with captains from both sides.

The encounter was at 1-1 before Nkhakananga made the bizarre decision — never ever seen in football history globally in allowing advantage after the ref had first blown for infringement.

A referee, who asked not to be mentioned, said when Nkhakananga blew the whistle for the infringement, it was no longer an advantage and once Silver still continued to play, the player who scored should have been penalized.

“That was very bizarre,” he said. “The whistle was very visible and from the TV footage, Wanderers players became stationary waiting for the free kick to be taken. I fail to understand why the ref’s decision to award the goal.”

The Nomads are the defending champions of the Airtel Top 8 title whose participation is determined by the top eight of the first round of the TNM Super League season.

It was introduced in 2017, whose inaugural champions are Silver Strikers FC, followed by Blue Eagles FC (2018) and again Silver Strikers in 2019.

It was not held in 2020 at the peak of the CoVID-19 pandemic but resumed under strict preventive measures in 2021, which was won by Nyasa Big Bullets and were wrestled of the title by in 2022.

In the 2023 Airtel Top 8 quarterfinal first leg, Silver were first to score through George Chaomba in the 40th minute before Wanderers levelled through Gaddie Chirwa in the 55th minute.

Meanwhile, Referee Nkhakananga was suspended for four months by FAM’s Referees Committee for failure to control the match by allowing play to continue after blowing whistle to stop play; continuing play without proper restart; allowing a goal from a dead ball and giving advantage after blowing the whistle.