Fifa has ruled that South African club Lamontville Golden Arrows have a legitimate claim over Zambia international striker Francis Kombe that was disputed by his former side Power Dynamos.
Fifa director of legal affairs Marco Villiger said in an official letter to Faz dated February 10, 2009 that Kombe was a bona fide player of Golden Arrows.
Kombe moved to Golden Arrows last October after his contract with Power expired four months earlier in June.
However, the player continued to feature for Power thereafter while out of contract and enjoyed all club benefits prior to his controversial departure to South Africa as a free agent.
“From the correspondence submitted to us, we have duly taken note of your disappointment with respect to the alleged non-respect of the applicable provisions for the registration of players with the affiliated clubs by the South African Football Association (Safa), and in particular from your request to declare illegal the transfer of Francis Kombe,” Villiger said.
“In this respect, it appears from the documentation submitted to our services that the said player is not contractually bound to your affiliated club, Power Dynamos, anymore and that his career in South Africa after the expiry of the employment contract signed with the aforementioned club.
“Thus, it appears that we are not in a position to support your request due to the lack of legitimate interest of legal protection.”
However, Villiger warned Safa for issuing Kombe clearance to play for Golden Arrows and that it was the duty of Faz, and not Safa in this instance, to have released the players International Transfer Certificate (ITC) before featuring for the South African club should have come from Faz.
“Yet and by copy of this fax, we would like to remind Safa that according to article 1 paragraph 1 of annexe 3 of the regulation on the status and transfer of players (hereafter regulations), players shall not be eligible to play for a club affiliated to a different association unless an ITC has been issued by the former association and received by the new association in accordance with the provisions of this annexe,” Villiger said.
“Equally, we would like to underline that the adherence to the applicable provisions is of paramount importance.”
2009 Samuel Zoom Ndholvu Charity Shield Semifinals Fixtures
28/02/2009
Nkoloma Stadium, Lusaka
Zesco United- Red Arrows
Trade Fair Grounds, Ndola
Lusaka Dynamos – Power Dynamos
Final
07/03/2009
Venue: TBA