KALU TO PAY FAZ
…as Damiano discontinues ConCourt case
THE Court of Arbitration for Sports (CAS) has directed football icon Kalusha Bwalya to bear his own costs and pay the Football Association of Zambia (FAZ) CHF 1, 000 which is equivalent to K19, 279 for the case where the football icon had challenged FAZ for denying him the chance to contest its elections.
According to the awards on cost delivered by CAS Sole Arbitrator Andre Brantjes and CAS Ad hoc Clerk Dennis Koolard, Bwalya will pay FAZ towards its legal fees and other expenses incurred in connection with the arbitration proceedings.
CAS indicated that the case involving Bwalya and FAZ which was terminated in June has been removed from the CAS roll.
“The cost of arbitration to be determined and served on the parties by the CAS Court Office shall be borne in full by Mr. Kalusha Bwalya,” read the award on cost delivered by CAS. On June 2 CAS terminated Bwalya’s appeal after he failed to pay FAZ’s share of the arbitration coast which was paged at CHF11, 000 Swiss Franc equivalent to K210, 447.
Meanwhile, Damiano Mutale and Patson Lusaka have discontinued their case in the Constitutional Court against FAZ and its General Secretary Adrian Kashala.
Mutale and Lusaka through their lawyers Lewis Nathan Advocates had sought the court’s interpretation on whether the Ndola High Court had the jurisdiction to hear football matters according to article 10 and 63 of the FAZ constitution.
The matter which was supposed to have been heard yesterday before Justice Enock Mulembe was however discontinued after Mutale and Lusaka’s lawyers Lewis Nathan Advocates wrote to the defendant’s lawyers Mando and Pasi notifying them that a Notice of discontinuance of proceedings and Appeal in Damiano Mutale and Patson Lusaka vs Adrian Kashala and FAZ - 2020/CCZ/A001 had been filed before the courts.
And the lawyer representing Mutale and Lusaka, Gilbert Phiri confirmed that the two had decided to withdraw their appeal and that the court had granted an order allowing that.
Phiri however maintained that other cases that where before court involving his clients and FAZ still stood as they would go on without any change.
Earlier Kashala and FAZ had through their lawyers Mando Pasi appealed to Mutale and Lusaka that the matter be discontinued by a consent for all parties so as to avoid FIFA sanction under article 59 of its constitution.
Mutale and Lusaka had in March sued FAZ and Kashala in the Ndola high Court seeking to halt the FAZ elections and electoral process.
FIFA had recently written to FAZ giving a 10-day ultimatum to resolve its wrangles or face sanctions, an ultimatum which ends today.