DAR ES SALAAM: Manji, Mwalusako appear in court

Written by FAUSTINE KAPAMA.

YOUNG Africans top officials, Yusuf Manji and Lawrence Mwalusako, appeared before the High Court’s Labour Division to explain why they should not be imprisoned for failure to deposit in court 100m/- payments for two ex-players.

The two, who are Chairman and General Secretary, respectively, had responded to a summons given by the Registrar of the Court, Mohamed Gwae, in execution proceedings involving the club and its two former players, Steven Malashi and Malawian Wisdom Ndlovu.

However, the two could not account for their failure to honour the order of the court dated February 5, this year, because the original case file has been taken to the Court of Appeal for hearing and determination of an application for revision filed by the club.

“The case has been adjourned sine die and the parties would be notified on how to proceed with the matter after determination of the application pending before the Court of Appeal,” the Registrar said.

On Monday (March 25), Yanga filed the application before the Court of Appeal under certificate of urgency since the Chairman and General Secretary of the club were at risk of being arrested for failure to comply the order in question.

In the application, Yanga is asking the judges of the highest temple of justice in the country to call for and examine the records and proceedings of the High Court with a view of satisfying itself as to its correctness, legality and propriety or otherwise.

The club’s General Secretary Lawrence Mwalusako has sworn an affidavit to support the application, stating that the award that gives rise to the proceedings was delivered by an arbitrator, Alfred Masey, at the Commission for Mediation and Arbitration (CMA) on July 25, last year.

After the delivery of the award, he states, Yanga filed an application for revision and application for stay of the award on October 11, last year. But on February 5, this year, the Registrar of the High Court delivered his ruling and ordered Yanga to deposit in court 106,300,000/-.

Mwalusako alleges that execution against Yanga was made contrary to standing procedures whereby the mediator failed to consider the locus standi of the club. The two players went to the CMA against Yanga for breach of contract. They had requested for payments of signing fees, salaries for two seasons and damages for loss of opportunities and frustrations.

They had been recruited by Yanga as players on two year agreement on March 18, 2010. But on July 16, 2010, being on preparations for the new season, the then team coach, Kostadin Papic, at Rose Garden in Kinondoni District, allegedly informed them that they are no longer team members.

It is alleged that in terms of the agreement, Yanga was duty bound to communicate to them on the decision to terminate the contract with seven days before the date set by Tanzania Football Federation (TFF) as the date for premier league clubs to submit the drop list of players.

The players had claimed that they went to the CMA as last resort as efforts to resolve the matter with Yanga leadership and TFF proved futile. After hearing their case, the CMA ordered Yanga to pay Ndlovu 57m/- as salaries for two seasons, 1.8m/- transport allowances back to Malawi and 20m/- damages for loss of opportunities and frustrations.

The club was also ordered to pay Malashi 18m/- being signing fees and salaries for two years, 10m/- being damages for loss of opportunities and 500,000/- as balance of signing fees for season 2009/2010.

Source: Daily News (28/03/2013): http://dailynews.co.tz/index.php/sport/15920-manji-mwalusako-appear-in-court