FIFA sending an observer to FAM elections

* All FIFA member associations are obliged to manage their affairs independently and without undue influence from any third party

* They have obligation to apply a fair and democratic procedure that guarantees complete independence of their elections

By Duncan Mlanjira

World football governing body, FIFA will have a representative at Football Association of Malawi (FAM) elective general assembly on Saturday in Mzuzu as an observer for fair and democratic procedures.

A memo from FIFA’s chief member associations officer, Kenny Jean-Marie in France — addressed to FAM general secretary, Alfred Gunda — says “for the sake of good order”, they remind “concerned members of the bodies of FAM and all football stakeholders that in accordance with Article 14 paragraph 1 let. i and Article 19 of FIFA Statues, all FIFA member associations, including FAM, are obliged to manage their affairs independently and without undue influence from any third party”.

“In addition, according to Article 19 paragraph 2 of the FIFA Statues, FIFA member associations have the obligation to apply a fair and democratic procedure that guarantees complete independence of their elections or appointments.

“FIFA has been monitoring the electoral process leading to the elections of the FAM executive committee. As part of our monitoring process, an online meeting was organized on November 23 between FIFA and members of the electoral committee of FAM.

“FIFA provided advice where necessary and reminded the members of FAM electoral committee of a number of important principles that should be strictly observed — including the main role of the FAM electoral committee  which is to organise and supervise the electoral process and take all relevant decisions relating to the elections (cf Article 3 of the FAM Electoral Code).”

When announcing names of nominees on November 18 for various positions that are up for grabs, FAM elections committee goofed when it indicated that any party not satisfied were to appeal within 7 days of the publication.

Contestant for post of president, the incumbent Walter Nyamilandu went on to challenge — six days after on November 24 — arguing that fellow contestant Fleetwood Haiya was ineligible to contest as he was supposed to first resign his post as president of Super League of Malawi (SULOM).

But FAM rejected the petition, arguing that the electoral committee erred in giving the 7 days deadline, saying Article 12 (2) of the FAM Electoral Code provides that ‘any appeal, with its reasons, shall be sent by registered post or delivered in exchange for confirmation of receipt to FAM general secretariat within 3 days of receipt of the electoral committee’s decision.

Thus Nyamilandu ought to have filed his appeal on or before November 21 and even chided their own president that he “knew or ought to have known” that the press release announcing names of the nominees must have yielded to the Electoral Code.

Thus FAM dismissed Nyamilandu’s appeal even though it held water of Haiya’s ineligibility to contest as FAM president as he still held post of SULOM president and that as a director of Nyasa Big Bullets Football Club.

Through his lawyers, Makiyi, Kanyenda & Associates, quoted Article 39(3)(h) of Fam Statutes, and 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 quoted 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.

But the appeal fell short as Nyamilandu followed the deadline of 7 days set by the electoral committee instead of 3 days of the FAM Electoral Code.

FAM general secretary argued in the association’s response that “FAM Elections Committee has no powers to change the FAM 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.

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.