Simataa Appeal Reveals Glaring Judicial Flaws The Appeals Committee has highlighted glaring incidences of incompetence on the FAZ Disciplinary Committee when they reprieved Football Administrator Simataa Simataa of any wrong doing until the association straightens its charge. Simataa was on February, 1 2014 slapped with a life ban in bizarre circumstances by the FAZ Disciplinary Committee but the Appeals Committee has for yet another time poured cold water on the ban. The Mumba Kapumpa led Appeals Committee noted that the Disciplinary Committee arrived at a decision against Simataa without having any proper charge. Kapumpa said it was wrong for the Disciplinary Committee to find Simataa guilty of having uttered words that brought the reputation of the game into disrepute without stating or indicating the words complained of. “It is clear to the Appeals Committee that the necessary documentation and preparation of the documents by the Disciplinary Committee were not done properly to give a full picture of the case of Mr Simataa Simataa. “The disciplinary committee has not indicated to the Appeals Committee the actual words complained of which were said to have been uttered by Mr Simataa Simataa during the Radio Phoenix Let the People Talk Programme aired on 20th December 2013 which words were and regarded as been disparaging remarks against the football association of Zambia,” the letter states, adding; “The Disciplinary Committee is hereby instructed to extract the specific words being complained of and lay the proper charge against Mr Simataa Simataa and ask him to defend himself against such allegations thereafter and in accordance with the rules and procedures of the Disciplinary Committee Mr Simataa Simataa would be expected to appear and defend such allegations.” The committee also said the accusation that Simataa had taken FAZ to court against FAZ and FIFA Statutes fell through as there was no documentation to back up the complaint. “The second leg of the charge against Mr Simataa Simataa relates against the fact that he took legal action against the Football Association of Zambia when the FIFA and FAZ Constitution and Rules made thereunder prohibit members from taking legal action in ordinary courts of law requiring arbitration. “From the documentation before the Appeals Committee, it is not clear what the actual action taken by Mr Simataa Simataa involves since the Appeals Committee was not availed by the Disciplinary Committee the actual legal documentation in court for the Appeals Committee to determine whether or not Mr Simataa Simataa’s court action falls the prohibition we have referred to above,” the letter further reads. Kapumpa said until FAZ laid a proper charge which is ordinarily prepared by the General Secretary – in this case George Kasengele – Simataa remained a free man. The ban was the second attempt at expelling Simataa with the first one overturned by the then Appeals Committee chairman William Nyirenda in 2011 on a panel that late veteran commentator Dennis Liwewe. Simataa has also endured three suspensions that have eventually fallen through. The outspoken former FAZ President has been a thorn in the Kalusha Bwalya led FAZ for consistently demanding transparency and being resistant to the flourishing culture of worship and demagoguery at Football House. Source: bolazambia zambiareports/2014/05/21/simataa-appeal-reveals-glaring-judicial-flaws/
Posted on: Wed, 21 May 2014 07:53:48 +0000
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