THE Lusaka High Court has ordered the Zambia Amateur Athletics Association (ZAAA) to allow former World 400m hurdles champion Samuel Matete and four others to contest the elections during the annual general meeting on Saturday.
Judge Chalwe Mchenga restrained ZAAA general secretary Phil Kubombela from disqualifying, barring, blocking, stopping Matete, Christopher Manda, Jonathan Chipalo, Judith Chaongopa and Carol Mokola from contesting any position at the ZAAA annual general meeting (AGM) to be held on Saturday or any other date.
Mr Justice Mchenga further ordered that delegates should come from the clubs and area boards allocated ZAAA numbers by the general secretary on December 31, 2002 including Young Carol Mokola club in accordance with the clubs and areas board’s list of 2014 membership until after the determination of the matter or delivery of its judgement and or any further order of the court.
He said when he granted the interim injunction to the five that he will hear the inter parte on December 31, 2014
Matete and four others had sued ZAAA general secretary Phil Kubombela seeking an injunction to restrain the association from disqualifying them from standing for positions of President and vice president.
He had asked the Lusaka High Court to order that the reasons given by Kubombela for disqualifying them are illegal and ultra vires to the ZAAA constitution.
The four wanted the court to order Kubombela to pay costs for the court proceedings and well as any other relief the court may deem fit.
Matete stated in a writ of summons filed on behalf of others in the principal registry that he and three others were candidates for the election of president of ZAAA while the fifth is a candidate for the election of vice president.
He said that the term of office expired on December 4, 2014 but the current leadership has continued to occupy the office illegally.
Matete said that Kubombela, through the press, announced that ZAAA will hold its elective annual general meeting (AGM) on December 27, 2014 even though it should have been through a 30 day notice as per the ZAAA constitution.
He said that in response to the AGM notice, he and three others applied to stand for the positions of president and the fifth vice president.
Matete said that on December 15, 2014 they learnt through the press that they were disqualified from standing making the current President one Elias Mpondela unopposed.
He stated that the reasons advanced for disqualifying the five are not contained in the ZAAA constitution as such the disqualification cannot hold.
Matete said that since the AGM has never made any rules for elections as contained in Article 10.6 of the ZAAA constitution, the practice has been to apply for any position through either a nomination form obtained from ZAA or on a club letter heads or candidates nominated on the floor during the AGM.
He alleged that Mpondela is afraid of losing the presidency because the candidates are highly experienced athletes.
Matete said that ZAAA allocates numbers to affiliate clubs which athletes paste on their chests as they run and the last time ZAAA allocated such numbers to clubs was on December 2002 with the exception of young Carol Mokola club.
He said that the list of December 31, 2002 inclusive of the Young Carol Mokola Club remains the only valid official list of clubs affiliated to ZAA and entitled to take part in the AGM and to vote.
Matete said that if Kubombela was not stopped by way of an injunction from disqualifying them or barring them their constitution rights to stand for positions in ZAAA and meaningfully contribute to its welfare will be highly infringed upon.
He said that the five have suffered loss as a result of Mr Kubombela’s conduct.