Sunday Nkonde has said he will not bow to Kalusha Bwalya statement that he resigns if he is not happy that Simataa Simataa’s suspension stands despite the former declaring it null and void.
And football administrator Anthony Kasolo has added his voice backing Kalusha’s action saying the Faz executive had every constitutional right to ban Simataa.
Simataa was banned last Monday by Faz from all official and club functions for bringing the game into disrepute.
Nkonde said in a press statement today he had done nothing unconstitutional by and will not resign after lifting Simataa’s ban.
“I have taken note of the position by the Faz executive through the Faz communications manager Mr. Eric Mwanza and the president Mr. Kalusha Bwalya to effect that the Faz executive will not accept my advice or opinion that the indefinite suspension of Mr. Simataa Simataa is unconstitutional, ” Nkonde said in a press statement.
“Mr. Bwalya has gone further to tell some sections of the media that the Faz executive is the supreme organ between council meetings and if I am not happy with the decision of the Faz executive, I should resign. Mr. Bwalya further states that I should declare interest in the latter.
“I wish to be very clear; 1. I will not resign since I have not done anything unconstitutional. 2. I have given my opinion in response to Mr. Simataa’s letter to me as chairman of the disciplinary committee. It ‘s not about being happy or not. It is about stating what the law is. I have no interest to declare in this matter. 3. I will not force the Faz executive to accept my advice or opinion. However, the truth is and will remain the truth.
“What the Faz executive or whoever sat in the name of the Faz executive did in giving themselves disciplinary powers to discipline officials of Faz members clubs or associations was and remains unconstitutional and null and void ab initio.
“The argument that the Faz executive is the supreme organ of Faz between the council meetings is only correct to an extent as it does not mean the powers of the Faz executive between council meetings are limitless.
“Even between council meetings the supremacy of the Faz executive is limited at Articles in the Faz constitution. In this case, Article 47 does not give power to Faz to the Faz executive to perform judicial functions including handling disciplinary cases involving officials of Faz member clubs and associations.
“Does the Faz executive realise the implication of their action? 1. Faz does not mean the Faz executive. The disciplinary committee is also part of Faz.5. As chairman of the disciplinary committee, I am alarmed at what I am hearing and seeing. I am expected to sit idly by while the powers vested in the disciplinary committee are being usurped without ant remorse? No. I will still ask my friends in the Faz executive-at least those who have not understood my opinion -to reflect again in the interest of constitutional order. It is not about Simataa or any individual. it is about the Faz constitution.”
Meanwhile, Kasolo said at Wednesday’s Faz press briefing at football House that Faz where within their constitutional jurisdiction to suspend Simataa and that the disciplinary committee was subservient to Faz and had no powers to overrule the powers of the Faz executive committee.
Kasolo quoted Article 20 and 28 of the Faz constitution said the executive committee and the FAZ president had constitutional rights to suspend any member.
“The council is responsible for suspending a member. The executive may however, suspend a member that seriously violated its obligations as a member with immediate effect. The suspension shall last until the next council meeting unless the executive committee has lifted it,” Article 20 (1) reads.
“The president shall in consultation with the executive committee has the poor to suspend any member of the executive or standing committee if such a member has committed gross misconduct or has acted in contravention of the provisions of this constitution or any rules and regulations made hereunder. Provided that the president shall inform the FAZ council before the said member is formally charged and shall, within one (1) month of the date of suspension submit a report pertaining to the said suspension to the council and the council shall then confirm, reverse or alter the president’s decision as it shall deem fit. The person suspended shall be charged and tried and shall be given a chance to exculpate himself within three (3) months of the alleged misconduct,” Article 28 (1) reads.