Former Namibia Premier League (NPL) Chairman and self-confessed local football guru, one Hendrik Christian, is our special guest on our popular weekly sports column, Shooting from the Hip.
The often controversial former football administrator is a man possessed and would like to give his overall view on the latest debacle in the annals of domestic football that led to the expulsion of Katutura troubled club African Stars from all football related activities.
The recent announcement advanced by the MTC Premiership chairperson Johnny ‘JJD’ Doeseb, that African Stars may appeal against its suspension is not only a false statement but also made with intention to conceal the correct procedure. It’s so irrational in that the statement is unsupported by the Namibia Football Association (NFA) statutes for the following reasons.
The Appeals Committee lacks the necessary authorisation (jurisdiction) to preside over such an appeal and for this statement I rely on the provisions of article 53.3 of the NFA Statutes, which provides the appeal committee is responsible for hearing appeals against decisions from the disciplinary committee that are declared final (my emphasis).
It’s therefore common course that the decision to suspend or expel Stars was taken by the NPL Extra Ordinary General Assembly, a body completely different from the disciplinary committee mentioned in article 56.3 of the NFA statutes.
As a general rule, power given to some other judicial body cannot lawfully be exercised by an appeal committee (unauthorised body) since the NFA statutes has chosen arbitration tribunal in terms of article 58 of these statutes
“The NFA shall create an arbitration tribunal that shall deal with all internal national disputes other than any other matter on which the disciplinary committee or appeals committee has pronounced itself between the NFA, its members, players and officials”.
It’s now crystal clear from the above quotation that article 58 is peremptory when it provides that the NFA shall create an arbitration tribunal for all internal national disputes.
African Stars
Option:
As it stands, there is only one option and that’s to request for the setting up of an arbitration tribunal in terms of the arbitration act, 1965.
The disciplinary measures against the team and messrs Sidney Martin and Dauti do not fall within the scope of the NFA statutes and can be viewed as an abuse of power and or the failure on the part of the seemingly clueless NPL Management Committee (MC) to apply its mind to the actual matter.
In fact, disciplinary measures to be taken are divided in two categories; 6.1 natural persons. 6.2 legal persons. Its common course that Stars is a legal person and Martin and co-accused are natural persons and in terms of article 57 of the NFA statutes, these disciplinary measures, which may be imposed are, 8.1 Warning, reprimand, fine and the return of awards.
8.2 for natural persons; caution, expulsion, match suspension, ban from the dressing rooms and substitutes bench, ban from entering the stadium and ban on taking part in any football related activities. 8.2 legal persons; transfer ban, playing without spectators, playing on neutral stadiums, annulment of the result of the match, expulsion, points forfeiture, deduction of points and relegation to the lower league.
It’s again very clear from the provisions of article 57 of the NFA Statutes are nowhere to be found and provided for.
A quick reminder, all other inclusive NFA rules are regulations and NPL statutes are subject to the NFA Statutes so in conclusion, the expulsion of African Stars, Martin and co-accused is a nullity and liable to be set aside, yours for progress. Views expressed in this column, is from author and not necessarily that of New Era Publication.