FAZ LAWYERS RESPOND TO MOSHO….We Can’t Cancel AGM, “Demands Are Spurious & Mischievous”

FAZ LAWYERS RESPOND TO MOSHO

….We Can’t Cancel AGM, “Demands Are Spurious & Mischievous”, Claims Joseph Chirwa

FAZ lawyer Joseph Chirwa has responded to demands that the annual general meeting set for April 27, 2024 be canceled pending resolution of contentious Constitutional issues raised by some of its members.

Chirwa has described demands from Mosho’s client as “spurious and mischievous.”

On April 24, Mosho, acting on behalf of football aministrator Damiano Mutale, demanded that the AGM be canceled until the FAZ considers respecting its members.

Yesterday, Chirwa responded stating that the AGM will proceed.

“We have reviewed our records with respect to the register of members that contribute and are entitled to attend FAZ AGMs, and your client’s name does not appear on the register.

“The foregoing could then explain why your client was not aware of the duly approved Constitutional amendment that was affected at the last AGM on 22nd April 2023,” Chirwa writes.

However, a perusal of the revised 2023 FAZ constitution shows that only article 49 was amended yet article 33, among the many, is different from what the revised 2021 version of the FAZ Constitution has.

In 2021, article 33(e), albeit manipulated without council approval, justified the presence of an illegal 14th ExCo member and has surprisingly disappeared in the 2023 revised constitution.

Chirwa contends that Damiano does not have the locus standi to propose the postponement of the AGM.

“…Assuming your client had locus standi to stop or injunct the forthcoming FAZ AGM they would have to do so through the FAZ Arbitration Tribunal,” he added.

On Tuesday, Mosho asked FAZ General Secretary Reuben Kamanga and the Executive Committee to cancel Saturday’s Annual General Meeting until fundamental questions regarding the mutilation of the constitution are resolved to the satisfaction of stakeholders.

Mosho cautioned FAZ that failure to yield his client’s demands will open an avenue for further legal ramifications.

The letter states that some FAZ officials have between January 2021 and April 2024 made changes to the body’s constitution without due regard to adhering to procedures set out.

“Our Client informs us that, amendments and/or changes to the Constitution is preceded by an elaborate procedure that involve the participation of the general membership of Football Association, through the Annual General Meeting. This procedure, however, was flagrantly abrogated by yourselves without any legal justification.

“Our Client takes the view that your unilateral actions of interfering or doctoring a legally constituted document without lawful authority, gravely undermines the integrity of the sport of football.

“In this regard, your conduct of mutilating the constitution aforesaid is at cross-purposes with the wider interest and aspirations of the general membership of the Football Association of Zambia and the nation at large,” the letter further reads.