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FAZ disciplinary committee chairperson Sunday Nkonde yesterday nullified the executive committee's decision to suspend football administrator Simataa Simataa.
In response to Simataa’s letter seeking clarification over the suspension and copied to FAZ general secretary George Kasengele, Nkonde stated that the decision to suspend the official from all football activities was unconstitutional.
"The disciplinary committee has never sat to hear any complaint leading to Simataa's purported suspension. This is a purported suspension because it is unconstitutional and null and void ab initio right from the beginning.
The FAZ executive committee or whoever sat in the name of the FAZ executive committee has no power under the current FAZ constitution to suspend an official on disciplinary grounds," Nkonde stated.
He noted that there were three recognised judicial bodies under the FAZ constitution.
"Under article 47 of the FAZ constitution, the only recognised bodies of FAZ are:a) The disciplinary committee b), the FAZ council appeals committee and c) the arbitration tribunal. The FAZ executive committee is not one of the judicial bodies," he stated.
Nkonde, who served as Solicitor General for six years, said the article quoted by the Kalusha Bwalya-led FAZ executive committee in suspending Simataa did not give the executive any such powers.
"Article 4 (15) refers to powers of FAZ - not powers of the FAZ executive committee. Thus, the provision begins with the words 'FAZ shall have full power....' and not the words 'the FAZ executive committee shall have full power....," the letter reads.
Nkonde explained that FAZ comprised bodies like the FAZ council, the executive committee, the secretariat, judicial bodies and standing committees as outlined in article 25.
He noted that the powers of the FAZ executive were enshrined in article 27 but did not extend to suspension of officials.
"What the FAZ executive committee or whoever sat in the name of the executive committee has/have done is to usurp the powers of the disciplinary committee established by articles 45 of the FAZ constitution in the first place. I repeat that such an act is unconstitutional and null and void ab initio. The appeal by Simataa is not even necessary," Nkonde advised.
He stated that it was wrong for FAZ to have acted as the complainant, prosecutor and judge in the same case.
Nkonde cautioned individuals providing legal advice to the FAZ executive committee to do so professionally.
"Lastly, whoever is giving legal advice to the FAZ executive must be very careful and avoid misleading the FAZ executive committee into making patently unconstitutional decisions. What happened is very unfortunate," he added.
Nkonde urged FAZ to utilise his legal expertise.
"I am a lawyer, a State Counsel for that matter; I also once served as Solicitor General of the government for close to six years. It therefore becomes regrettable if people cannot find time to benefit from my legal knowledge and experience.
I mention this because there are just too many unconstitutional decisions being made and those that may not be in a position to verify as you Simataa have done may wrongly conclude that these decisions have some input from me when this is not the case," he explained.
FAZ communications officer Erick Mwanza announced Simataa's suspension on Monday.
When contacted yesterday, Mwanza said he had not seen Nkonde's letter.
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