Meck Mwase demands K500m compensation from FAM for unconstitutional dismissal that borders on racial discrimination

Meck has been replaced by technical director, Romania Mario Marinica as head coach

* Our client verily believes that he is being discriminated against because of his black race and Malawian nationality

* The compensation is computed for the 14 months period of his contract with FAM that expires in 2023

* In any event, FAM isn’t party to the employment contract sought to be terminated and lacks authority to unilaterally terminate his employment

By Duncan Mlanjira

The country’s international legend, Meck Mwase — who was fired by Football Association of Malawi (FAM) as the Flames head coach on Saturday — is demanding K500m as compensation for what he describes as unconstitutional dismissal that borders on racial discrimination.

A lawsuit through Makiyi, Kanyenda & Associates dated April 12, 2022 and copied to Secretary to the President & Cabinet, says Meck signed an employment contract with Fam for a period of 14 months which is due for expiry in 2023.

In firing the former Flames captain during the association’s 1st quarterly meeting at Sunbird Nkopola Lodge in Mangochi, FAM indicated in its media release that it is set to engage the Malawi Government to redeploy Meck for the rest of his contract which expires in April next year.

The lawsuit from Makiyi, Kanyenda & Associates — signed by its Managing Director David Kanyenda — refers to the media press release FAM issued on Saturday that Meck has been replaced by technical director, Mario Marinica as the head coach.

FAM indicated that the decision was arrived at after being impressed with the Flames’ performance at the Africa Cup of Nations (AFCON) finals in Cameroun in January under the Romanian as caretaker head of technical panel and thus “resolved to give him full mandate”.

Meck, through his lawyer, believes the action is “unconstitutional, unlawful and void ab initio” adding that “under the prevailing constitutional order” Meck is “guaranteed a compendium of rights including the right to fair and safe labour practices”.

He also maintains that he is guaranteed to “fair remuneration under Section 31(1) as well as the right freely to engage in aconomic activity, to work and to pursue a livelihood anywhere in Malawi in terms of section 29”.

“These rights are also enshrined in labour related international instruments and conventions which Malawi ratified. Our client avers that your proposed actions contravene these provisions.

“Additionally, the supreme law of the land proscribes all forms of discrimination on any grounds including but not limited to race, colour, national, ethnic or social origin (vide Section 20(1) of the Republican Constitution.

“Through yet another media release issued by FAM and dated 11th April, 2022 our client has learnt of the fringe benefits available to the proposed coach and which are substantially higher than what he receives.

“Our client verily believes that he is being discriminated against because of his black race and Malawian nationality.”

Meck’s lawyers maintain that at law, FAM is precluded from terminating his employment as Flames coach “without first observing the precepts of section 57 of the Employment Act (Cap. 55:01 of the Laws of Malawi)”.

The lawyers also indicate that Meck wasn’t communicated to of any valid reason “in support of the purported termination of employment” and that “worse still” the coach “has not been accorded an opportunity to be heard in relation to any ground proposed for his purported dismissal”.

“In any event, FAM isn’t party to the employment contract sought to be terminated and lacks authority to unilaterally terminate our client’s employment.

“We have combed the relevant clauses governing termination of employment and we have observed that neither our client nor the Malawi Government has triggered the same as no cause for so doing has arisen.

“Your reprehensible conduct therefore also amounts to an unlawful interference with the contractual relations between our client and Government and/or an attempt to induce Government’s termination of our clients contract without a valid reason and without due process.

“Your impugned media release generally violates our client’s right to administrative justice and his legitimate economic expectations and professional interests as enshrined in section 43 of the Constitution.

“Our client has at all material times been willing and ready to render his professional services to the Malawi national team. Yet yourselves have engaged in several dubious actions designed to frustrate him.”

The lawyers singled out the actions designed to frustrate Meck as being “inexplicably demoted to position of assistant coach at the AFCON tournament in Cameroon yet he had led Malawi to only the 3rd qualification since independence”.

“Our client sat on the bench as a head coach for the initial two AFCON matches against Guinea and Zimbabwe and Malawi registered the sole victory whilst he was in charge of the team.

“Thereafter, yourselves have failed, refused and neglected to offer him work and he has been sidelined in the national team activities” that included a recent action to exclude Meck from Under-23 national team trip to Turkey.

“In totality, your conduct amounts to constructive dismissal. Our client is particularly chagrined by your lack of professional courtesy and ethics in your management of his employment status [as he] only discovered his fate through the media.

“To date no formal or written communication from Chiwembe has been conveyed to our client [and that] no single official from your executive committee and senior management has communicated about the same.

“Yet our client is a former captain of the Flames with over 80 caps and qualified the team for AFCON until Round of 16 thereof. Your shabby treatment of our client is inhuman and beneath his status as a true legend of Malawi football.”

Meck also takes a swipe at FAM that the media release issued on his dismissal were “unwarranted” and has injured his professional reputation “in the eyes of right thinking members of the football fraternity and the general public”.

“We have instructions to demand that yourselves undertake within 48 hours hereof failing which we are in receipt of strict instructions to initiate legal action against FAM without further recourse by yourselves.”

The lawyers also demand “full withdrawal and/or retraction of the impugned media release” as well as “unconditional apology which must enjoy similar prominence as the impugned media release”.

They further demand “payment for the full wages, salaries and monetisation of all the fringe benefits or other contractual emoluments for the remainder of our clients contract [and] damages on an aggravated scale for defamation, embarrassment, anxiety, loss of employment opportunity, breach of contract, breach of constitutional rights, pain and suffering to be mutually agreed”.

There will also be a 25% being legal collection costs and from the lawyers’ “preliminary computation” shows that Meck is owed the sum of K500 million and that unless FAM admits liability and make good of Meck’s claims, the lawyers “shall proceed with a legal suit”.

“Our client honestly believes he is fighting a noble cause on his own behalf and on behalf of Malawian coaches who have endured unfair and discriminatory treatment at your behest in preference of foreign coaches.

“For the avoidance of doubt, our client has no grievances with the Malawi Government at all.”

In trying to justify that it was not extravagantly spending on Marinica through being accommodated at the plush Amaryllis Hotel in Blantyre, FAM disclosed that it was spending K900,000 as a month special package, saying it could have been spending K900,000 to K1.2 million per month for a fully-furnished house for the Romanian.

Apart from the monthly rentals, FAM could have been expected to bear more  expenses such as 24-hour security services with alarms, costing between K600,000 to K1 million; DSTV Services (K90,000); internet Wifi (K60,000); generator and fuel running costs (K100,000); utilities and domestic workers (K300,000).

Thus FAM contends that it has been saving up to K7.5 million for the five months the coach has stayed in the country, while refuting allegations made in the media that it spent over K17 million for the coach’s stay at the hotel.

While Meck steered the team to the AFCON, Marinica is credited for the team’s first-ever qualification into the knockout stages and his recognition by the media as head coach was met with surprise by fans back home as he was initially appointed as technical director.

Mwase, who became the third Malawian to take the team to Afcon after Henry Moyo in 1986 and Kinnah Phiri in 2010, was only in full charge for two games after Marinica tested positive of CoVID-19 and had to observe quarantine protocols.