Simataa ban nullified
Simataa ban nullified 10.03.10
By DIANA MUTAKAFIMBOFAZ Disciplinary Committee chairperson, Sunday Nkonde, has declared the suspension of Zambia Football Coaches Association (ZAFCA) general secretary and Amakumbi Stars proprietor Simataa Simataa null and void.
And FAZ communications manager, Erick Mwanza, said the association would deal with the matter in an appropriate manner once they are officially notified as they only heard about it through the media.
In a letter to Simataa who challenged his suspension yesterday, Nkonde said the move was unconstitutional, as the executive committee did not have powers under the FAZ constitution to suspend any member.
Nkonde quoted Article 47 of the FAZ constitution, which only recognised judicial bodies to take any disciplinary action on its members.
He said the only bodies that had powers to take disciplinary action against members were the Disciplinary Committee, the Arbitration Committee and the FAZ Council Appeals Committee and the executive was not part of the judicial committee.
The Lusaka lawyer said Simataa’s suspension was done by a body that did not have powers and it was unconstitutional for the Kalusha Bwalya-led executive to make such a decision.
“There seem to be confusion between FAZ and the FAZ executive committee. The indefinite suspension of Mr Simataa Simataa according to the constitution is null and void because it was done by a body, which has no power. The best is to take measures and follow the laid down procedures regarding such issues. It is a wrong move and we have to put things correctly. There are procedures instituted by the disciplinary committee,” he said.
Nkonde said if the complaint was lodged, the procedure would have been done the right way and it was not the first time the disciplinary committee would have received a case against Simataa.
“The Disciplinary Committee has never sat to hear any complaint leading to the purported suspension. This is a purported suspension because it is unconstitutional, null and void right from the beginning. Whoever sat in the FAZ executive has no power under the FAZ constitution to do so. Article 415 sub-section 15 of the current FAZ constitution which the executive has evoked does not give them power,” read part of the letter.
Nkonde said what the FAZ executive had done was to usurp the power of the Disciplinary Committee under Article 45 of the FAZ constitution adding that Simataa’s appeal was not even necessary.
And Simataa said he wrote to the Disciplinary Committee seeking clarification over his suspension from all football activities in the country.
“When I received a letter, I made up my mind for two things- to seek clarification from the disciplinary committee and to appeal. Since the Disciplinary Committee has clarified, I am now waiting for the Appeals Committee,” he said.
[Times of Zambia]
