Court of arbitration trashes Kalusha’s case against FAZ

The Court of Arbitration for Sport has dismissed with costs a case where Kalusha Bwalya wanted to force FAZ to declare him eligible to stand for election despite failing the integrity test.

Kalusha Bwalya also wanted the  Court of arbitration to postpone the elections but both efforts failed.

The court said, Insofar the Appellant maintains that the FAZ Electoral Committee violated the principle of nulla poena sine lege or lex specialis derogat generali, the Sole Arbitrator finds that these arguments must be dismissed, because no sanction was imposed on the Appellant. He was merely declared ineligible to stand for election for the position of FAZ President. In any event, as set out supra, the FAZ Electoral Committee appears to have had a proper legal basis to declare him ineligible to stand.

Finally, as to the supplementary arguments of the Appellant filed with the CAS Court Office by letter dated 16 March 2020, the Sole Arbitrator finds that these additional arguments must be dismissed, insofar as admissible.

‘The application for provisional measures filed by Mr Kalusha Bwalya on 2 March 2020 in the matter CAS 2020/A/6812 Kalusha Bwalya v. Football Association of Zambia is dismissed.

2. The costs of the present order shall be determined in the final award.

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