WINDHOEK – The dust between troubled Katutura football club, African Stars and the country’s flagship football league, the MTC Namibia Premiership (NPL) refuses to settle down in the aftermath of Stars’ expulsion from all football related activities.
The aggrieved club called into question what they termed the illegally constituted NPL Extra Ordinary General Assembly, and says it is irked by several deliberate omissions from the minutes of the gathering that led to the club’s suspension, subsequently the termination of its membership.
Stars would have none of that and has since launched a scathing attack on the credibility and overall reliability of members serving on the assembly. It was resolved at the assembly that in terms of Article 25 (1) of the constitution of the NPL, no member of the NPL shall bring before Court of Law any dispute with the league or other members or officials.
“Notwithstanding such provisions, Stars has performed acts as per act as contained in the NPL letter of 14 July 2014 and to which the club responded on the 16th July 2014,” reads part of the minutes.
At the centre of the storm is Stars’ decision to lodge two applications to the High Court of Namibia under cases A105/2014 and A144/2014, and although they were struck from the roll, the two applications are still pending before the High Court.
“The admission in itself is a clear contravention of the constitution and for which the Extra Ordinary General Assembly Meeting has the power to pronounce itself or members as provided for under Article 10 of the NPL Constitution”.
The assembly felt the conduct of Stars has negatively affected the MTC sponsorship to the league and through their lawyers have further shown disrespect to the constitution rules, regulations of football by writing to FIFA on the 23rd of July 2014 requesting the world football governing body’s urgent intervention, doing this with the full knowledge that football authorities in Namibia were still busy with the matter.
However, Stars objected to the submissions pointing out that the club did not have copies of the points under discussion. Stars chairperson, Sidney Martin, wanted to know as to why a letter, which was given to the NPL on the 10th of July was not part of the agenda while vigorously questioning the legality of the gathering.
“On the said day, NPL Chairman Johnny Doeseb, said the 2013/2014 season was completed after conclusion of the remaining 8-minutes of the abbreviated clash between Orlando Pirates and Stars. What does that mean? It means the season came to an end.
Martin added that there has been no amendment performed to the constitution of 2003, which was endorsed by 14 members. “After the conclusion of league activities, there should be a process that needs to take place to give validity to this process so why are we here?”
“In terms of Article 15 of the constitution one has to be a paid up member. Only all paid up members should be eligible to vote at the Annual Congress or Extra Ordinary General Assembly Meeting but none of the representatives gathered have paid their dues.
“In the absence of that, you cannot impose a right on yourself if you have not paid up your affiliation fees. I also found it very strange what Stars has been accused of, all these matters are sub-juice”.
He further pointed out that NPL is affiliated to the NFA, which guides the Disciplinary Committee and the DC is the only body that can make decisions on whether Stars was guilty or not.
“The verdict from the Disciplinary Committee will then give the BOG the ideal platform to decide whether the verdict from the NFA DC warrants termination of membership from the NPL.
Martin informed the gathering that his club has already lodged a complaint with the NFA supposedly to be heard this Saturday, adding that it will only be in the best interest of all concerned parties to wait on the ultimate outcome of the Disciplinary Hearing.
Stars accused Doeseb of being biased on the basis that he was the chief complainant and should not be considered fit enough to lead the proceedings. “It’s our humble plea that he should do the honourable thing and recuse himself from chairing the meeting with any other member taking over the chairmanship to guide the proceedings.
“He is advocating the position of NPL and at the same time chairman of the NPL, basically means presentation of evidence. Somebody must come and testify and say “you did this and that” and that person must be cross-examined.
“The person that is being accused must be given a fair opportunity to lead evidence in rebuttal to allow whatever tribunal to meet a determination of course that tribunal would naturally also have the powers to furnish us with the minutes of the NPL MC, which took this initial decision”.
By Carlos Kambaekwa