Maqonda Ndlovu
FORMER Namibia Football Association (NFA) Secretary General Franco Cosmos has lost his case of unfair dismissal against the football mother body after a protracted fight in the High Court.
In a judgement signed on 11 March and delivered by arbitrator Betthy Amunyela, the court found that the evidence, arguments, and legal principles applicable to the issues in dispute, including Cosmos dismissal, were substantively fair.
“The dismissal is only applicable on counts one, two, three, and nine. The respondent failed on a balance of probabilities to prove the guilt of the applicant about count five for the reasons expounded in the analysis above in terms of unapproved policies and procedures on which the charges were founded. My findings on procedural fairness are premised on the above analysis that the president (former) Ranga Haikali at all relevant times had the authority to discipline the applicant as his supervisor in terms of the applicant’s employment contract as well as the statutes of the respondent, resulting in the fairness of the disciplinary chairperson to proceed with the disciplinary hearing in absentia of the applicant. It is safe to mention that the applicant in this instance waived his right to be heard,” the judgement read.
The arbitrator noted that the applicant’s dismissal was both procedural and fair.
Haikali was elected president of the NFA in February 2020 to replace the Fifa-appointed Normalisation Committee (NC), which was led by Hilda Basson-Namundjebo.
Cosmos served as acting SG under the NC before he was appointed full-time by the Haikali-led executive committee.
Relations soured, and accusations between the two led to the dismissal of the executive committee by Fifa, with accusations of bringing the NFA’s name into disrepute, insubordination, mismanagement, and corruption flying from both ends.
This led to a vote of no confidence being passed on Haikali, while the rest of the then exco was dismissed by Fifa, with Cosmos given the nod to run the NFA until a new NC led by Bisey Uirab was installed.
Cosmos was then fired from his position in 2022 after the NC seriously considered the disciplinary hearing in a matter between the NFA and Cosmos held before the chairperson advocate, Thabang Phatela, handed the judgement on 21 December 2021.
When contacted for comment former NFA president Haikali said he feels vindicated and his stand on the matter was based on principles and transparency.
“Despite the adversity during the time and the manipulations of the NFA constitution that led to the removal of the entire exco, I was the main target. FIFA while respecting the constitution of the NFA, instituted the NC and brought stability to Namibian football and it’s my sincere hope that things will continue to be steered in the right direction and for the benefit of the country,” Haikali said.
Efforts to get comments from Cosmos proved fruitless. -jrnmarko@gmail.com