YOUNG GREEN EAGLES DEMOTION – A TRAVESTY OF FAZ STATUTES & PRINCIPLE OF FAIR PLAY
With about 10 minutes from the final whistle of the concluding league matches being called, a statement announcing the FAZ Player Status Committee [PSC] had awarded Nkana three points started circulating across media platforms.
The three points come off a complaint by Nkana against Young Green Eagles who allegedly used an ineligible player in their match some three to four weeks ago.
The outcome of the PSC meeting immediately changed the dynamics of the relegation battle which centered on three teams – Nkana, Indeni & Young Green Eagles.
In the absence of the decision by the PSC and going by the results of the final match day, Nkana and Young Green Eagles would have survived relegation.
The decision by the PSC means Young Green Eagles, not Indeni, are headed to Division One, thanks to a boardroom decision. That scenario has triggered debate and the association, once again, is on its backfoot trying to play catch up.
WHAT ARE THE ISSUES?
Without going into technicalities and legalistic niceties, let’s focus on the circumstances and ultimate decision. Young Green Eagles used a player [a goalkeeper] on red card because they didn’t have enough manpower. That goalkeeper spent time on the bench. When Nkana learned of this, they lodged a complaint to FAZ. The fact that an ineligible player was named in the Young Green Eagles team is sufficient ground for disciplinary action.
When Young Green Eagles learned their use of an ineligible player is in question, they claimed someone at the FAZ secretariat allowed them to commission a football crime. They were backed by the FAZ Secretariat which claimed a waiver was issued for the use of an ineligible player against Nkana.
Football statutes have no room for conversion of a red card unless it was a misjudgement by the referee. There’s no such claim as a waiver rating to red cards. And Nkana were bound to be duly awarded these points. There is no dispute and there should not be a dispute.
The fact that you ask a police officer whether what you’re about to do is a crime or not does not insulate you from litigation. The presumption is that Young Green Eagles should have known the rules of the game but were misled by an official at the FAZ secretariat.
OUTCOME
The timing of the decision came at a crucial point. The incident occurred over two weeks ago. Why did the FAZ secretariat wait until during or after a tense final day to summon the PSC for adjudication? A sensitive and critical matter with impact on demotion should never have been left for the last minute. No matter the fairness in the decision, football being an emotive sport, it was bound to create the chaos we are now experiencing.
JURISDICTION
The PSC is a sub-committee responsibile for disputes relating to the transfer of players, contracts etc. A red card is a disciplinary issue. When did the rules change that it must be heard by the PSC and not the disciplinary committee? This gives rise to procedural impropriety.
DECLARATION OF INTEREST
Assuming that the PSC is the right body to table such matters, the affiliation of its members particularly the chairman and his deputy come into question. They both have very strong and verifiable links to Nkana – a team that was being purportedly aided to stay in the elite league. The chairman of the PSC served as Nkana ExCo before 2016 and the deputy was vice-chairman not less than 5 years ago. No one can doubt the loyalty of Nkana fans to their team, and the two officials are not an exception. They should have declared interest and recused themselves from this matter.
WAY FORWARD
Although Nkana is not largely benefiting from the outcome based on the results of the final day of the league, the decision of this committee is still questionable. And Young Green Eagles would have been unfairly dealt with if the decision was left to stand. In the interest of fair play and the sanctity of FAZ statutes, the match should be replayed.
PRECEDENCE
A similar outcome occurred a few years ago in which Nchanga Rangers then chaired by Richard Kazala were demoted through a boardroom decision to the benefit of Lusaka Dynamos. The arguments were not the same, the circumstances [as in the issue being a poor judgment of the secretariat] are similar. It created season ending confusion. Rangers battled it out up to an ad-hoc arbitration committee which still settled in favor of Lusaka Dynamos. Kazala even attempted to lead an impeachment of the FAZ executive at the time as it had abrogated the football statutes. If the precedence in the Rangers-Dynamis case was applied, Young Green Eagles stand demoted.
In the interest of fair play and orderly application of FAZ statutes, the match between Nkana and Young Green Eagles must be ordered REPLAYED by the Appeals Committee. The FAZ official at the center of this confusion must be redeployed or retrained.
I submit.
By Augustine Mukoka
Kalemba June 28, 2021