By Augustine Mukoka
A CLUELESS CONSTITUTIONAL LAWYER: ZPL Statement On Classification & League Names Speaks Volumes Of FAZ President Keith Mweemba’s Legal Credentials
When I reminded FAZ president Keith Mweemba about the pledge and urgency to amend the FAZ Constitution after assuming office, he gave me a shocking response.
His claim. Amending the FAZ Constitution was not in the short term plan as he had laid out a systematic outline which included medium and long term plans.
For the uninitiated, he offered to appoint me as a member of a committee he was to call presidential advisory sub-commitee. I respectfully declined and told him such a set up was unconstitutional. As things stand, his Executive Committee was his main advisory committee.
Secondly, FAZ did not have the financial luxury to create committees. If anything, he had offered me such an arrangement before the campaigns which I declined. So, I kept my word after he won.
Nonetheless, he went further to appoint me as a member of a huge committee he assembled to draft the FAZ Strategic Plan. Again, I declined this appointment as it was never my motivation.
My participation in the last FAZ campaign was to contribute to the election of a candidate who was going to do the right thing for Zambian football.
Today, I wake up to a MEMO undersigned by Christine Zulu – the Zambian Premier League spokesperson instructing the football community about terminologies and classification of the structure of the league.
Before I could finish reading the statement, I knew there was something amiss. So, I read the statement side by side with the FAZ Constitution.
True to my fears. The MEMO is unconstitutional because it is inconsistent with the FAZ Constitution.
Article 10 of the chaotic FAZ Constitution clearly defines the basis on which the ZPL structure is defined. It doesn’t refer to any tier as a Division.
Granted, the previous FAZ Constitution was categorical. It classified what the Super Division was, Division One, Division Two and Division Three Leagues.
In order to conform to the classification as advanced by Christine, we first have to amend the constitution and create internal regulations.
It’s not the first time the classification has arisen. As a journalist in traditional media, I saw this. The Times of Zambia and the Zambia Daily Mail referred to the top tier differently while The Post used the terminologies interchangeably.
To settle that question, seasoned administrator Julio Chiluba summoned me to Football House – the only way you settle the debate is by referring to the FAZ Constitution. And it was clearly outlined, the FAZ Top Tier at the time was outlined as the Super Division and the second tier as Division One with the rest of the leagues following suit which the Daily Mail had consistently and correctly quoted.
Today, a press statement can’t be the basis for that classification. In law, even a single word such as SHALL & MAY are interpreted differently with varying implications.
In summary, the problem is not the terminologies or use thereof. It’s the FAZ Constitution. And that’s why that document requires urgent attention.
In about six months, Keith Mweemba and his ExCo will be clocking two years in office with the same useless constitution he condemned.
And already, he is creating terminologies it does not provide for. It makes me wonder what kind of a constitutional lawyer he is if he can’t prioritize the constitution.
I have consistently said ZPL was born out of a scam; its foundation was wrong. That’s why we are debating terminologies.
Until we fix the genesis of the birth of ZPL as defined by the FAZ constitution, we will be discussing terminologies instead of releasing fixtures and rules for the transition league.
Wherever Christine got the powers to address Zambian football with terminologies that don’t exist in the constitution, it is not the FAZ Constitution. Therefore, the guidance is useless until placed in a formal structure for proper reference.
Otherwise, aya ni manyengo yenangu (these other jokes). Fix the constitution, not terminologies.
And with such approach, we will be perceived to have a clueless constitutional lawyer for FAZ President. Such a shame
