Fifa endorses vetting process
Candidates who feel the normalisation committee vetting process was unfair are advised to seek remedies at the Court of Arbitration for Sport.
28 January 2020 | Sports
The world football governing body has however added that those who wish to appeal the decision can only do so through the Court of Arbitration for Sport (CAS).
In a confidential letter from Fifa to the normalisation committee (NC) seen by the Namibian Sun, the football body states that the decisions by the NC electoral committee are final and binding.
“Just to point out that, following the clarification from the last Fifa council decision, the decisions of the NC as an electoral committee are final and binding.
“Of course you may still clarify the grounds for your decisions to any appellants but the only way for them to contest the decision is by going to the CAS,” the letter reads.
The letter comes days after unsuccessful NFA presidential candidates Patrick Kauta and Mpasi Haingura opted to challenge the NC's vetting process.
Kauta and Haingura through their lawyers from Tjitemisa & Associates questioned the decision by the NC to omit them from the presidential race. The pair are also seeking answers as to why Ranga Haikali, who is deemed part of the former NPL executive, was shortlisted.
The letter from the law firm reads: “The NFA electoral code in peremptory terms provides that the electoral committee informs candidates of its decision within seven days of the deadline for their submission.
“It further provides for an appeal within three days of receipt, and for determination of the appeal within four days.”
The law firm claims that the mandatory seven days expired on 21 January, and the NC failed to inform Kauta and Haingura of its decision, but rather informed the media.
“Consequently, we write to request the record of the electoral committee (EC) proceedings and the reasons for your decision in respect of our clients and in respect of Ranga Haikali.
“We hold instructions to appeal the EC decision in respect of our clients and seek an order to set aside the EC decision in respect of Haikali,” the letter further reads.
The NC however maintains that it used legal procedures during the presidency and executive committee vetting in order to avoid legal battles.
The NC further claims that Kauta was omitted because he was part of the suspended NFA member, the Namibia Premier League (NPL), during the time of the nominations.
The NC also states that Haingura was denied the opportunity to be shortlisted because he was part of the NFA executive which executed the unlawful removal of former NFA president Frans Mbidi.
NC vice-chairperson Franco Cosmos could however not confirm nor deny that the communication in possession of Namibian Sun between the NC and Fifa is authentic.
“Things said between Fifa and the NC are highly confidential and I do not know where you got that from.
“I can however confirm that our decision is final and those who want to appeal can do so through the CAS and not these ordinary courts,” Cosmos said.
Jesse Jackson Kauraisa