Court injunction leaves Cranes game in balance
Cranes defender Godfrey Walusimbi (R) goes into a challenge against Senegal in the first leg at Namboole. Cranes are scheduled to face the West Africans in the return leg next Saturday in Morocco. PHOTO by Eddie Chicco
What you need to know:
Soccer. The constitutional court order, applied for by the USLL, means there is no legal football federation in the country. It also leaves in doubt FSL matches and Fufa General Assembly. Government has under 30 days to implement the new statutory instruments.
Kampala.
Ugandans will hope the Constitutional Court injunction against government’s recognition of Fufa and its activities does not attract a Fifa ban, which – if slapped – could cost the Cranes next Saturday’s World Cup qualifying decider away to Senegal.
The court on Tuesday issued an interim injunctive order restraining the Ministry of Education and Sports, the National Council of Sports (NCS) and any other government organ from “recognizing or holding out Fufa Limited and/or any other national football associations as the only recognized national football associations.
“Ministry of education and Sports, NCS and any government organ are hereby further restrained from recognizing, facilitating or in any way supporting the ongoing election process of new office bearers of Fufa Limited slated for Aug 31 until the statutory instrument is in place.”
This is after an application by the Uganda Super League Limited (USLL) against the Attorney General following the Education and Sports Minister, Jessica Alupo’s, failure to expedite the implementation of the AG and Solicitor General’s recommendations following a probe into Fufa’s legality. Acting deputy Chief Justice Steven B.K. Kavuma made the ruling. The AG and SG opined that Fufa went against the 1964 Sports Act in registering the national football association as a limited company. The SG then recommended that the minister disbands Fufa Limited and institutes a new regulatory framework for sports associations.
League ongoing
At the time Alupo was clear when she said: “No league will kick off until the Fufa legality question is addressed.” But the Fufa Super League (FSL) has since kicked off and the Fufa General Assembly is due this Saturday. “That is why we were forced to go and seek an injunction against government’s involvement with Fufa Ltd and to also force the minister to implement the Solicitor and Attorney General’s recommendations,” said Fred Muwema of Muwema and Mulema Advocates, USLL’s representatives, at a news conference yesterday.
It is not clear yet whether government will appeal the decision. “I’m currently in Northern Uganda but my secretary tells me she has received the letter. But I will first read it then give it to the Attorney General before we come out with an official position,” Alupo told us.
Fufa or Fufa limited cannot appeal since they are not party to the case. But their lawyer Alex Luganda is adamant the court order will not affect them. “As Fufa we are not affected and bothered by the court order,” he told Daily Monitor, “The order is against Fufa Limited and it only stops government from recognizing it, so government can just ignore it.
“Activities of Fufa the association will continue… the assembly in Njeru on Saturday will go ahead and the league will continue.”
Should Fufa insist on proceeding with their activities and government move in to enforce the order, Fifa could consider that as third party interference. But government could also use Fifa statutes by informing the Zurich body that Fufa are no longer recognised as the national association.
