Africa-Press – Zambia. In law, we are taught to adhere to an old-long maxim which is ably expressed in Latin parlance that “Nemo judex in causa” or that you can not be judge in own cause. Put other way, it is that “justice must not only be done but must be seen to be done”. This is the case of FAZ and the docking of points from the Young Eagles FC yesterday and awarding Nkana points while the league was in final play.
Let us look at this case. The Eaglets applied to FAZ (Secretariat) to have the suspension of one of the players waived. FAZ agreed and instead fined the eaglets K5,000, which the club paid. They went and played their scheduled game and beat Nkana FC by 3-2. Nkana, which was fighting relegation, appealed against the use of an ineligible player. While the crucial last games were being played, the FAZ Players Status Committee issued a stunning verdict that reversed the FAZ secretariat decision and instead awarded Nkana full points at 3-0 against the Eaglets. The committee said the waiver was against the rules.
1. Why did FAZ Secretariat allow the waiver? If this was not allowed, Young Eagles would have made alternative arrangements. It is FAZ that allowed the waiver and therefore an innocent club should not suffer the consequences of FAZ secretariat confusion.
2. Why did the announcement come at last minute? This is another vital question that tainted the decision of the FAZ Player Status Committee. Why did they release the verdict when teams were rocked in crucial games and this verdict was known before the final whistle. Was the timing planned to affect the morale of the concerned teams? Why was it it done earlier or after the games?
3. Why did Lombe Mbalashi chair the FAZ Player Status Committee? He is well known Nkana supporter and even served on the executive of the team. That alone should have triggered a natural recusal to sit on the matter involving his former club Nkana. This tainted the decision as if Nkana was being favoured by a bias Committee. Justice must be seen to be done!
Nkana did not need those three points to survive relegation but the timing of the verdict, the composition of the committee and the perception that Nkana was being favoured has badly tainted the game. That is why in other jurisdictions – Player Status Committees – are composed of people outside the Football Association (FA) without any links (past or present) to participating Teams. FAZ must consider this approach! But then, who will compensate Young Eagles for the mistake of FAZ secretariat?
