Court Accepts Mbabazi Petition Amendments, Sets March 14 For Hearing

FUFA competition committee has ruled that the aborted Uganda Cup match between Airtel Kitara Football club and Express FC should be played to continuation from the 86th minute.

The match that was initially played on Saturday February 13, symptoms 2016 at the Boma grounds in Hoima was abandoned on the 86 minute after the visitors (Express) walked off the pitch claiming some irregularities on the part of Kitara which included lack of security.

The full verdict referenced ‘Verdict on Match 37 Airtel Kitara FC vs Express FC’ is here below:

The above match of FUFA Uganda Cup 2015/16 was played on Saturday February 13, 2016 at Hoima Boma Ground but was aborted in the 86th minute as per the match officials’ reports.

The FUFA Competitions Committee (FCC) has extensively assessed the circumstances surrounding the match abortion and in their meeting at FUFA House on Wednesday March 2, 2016, basing on match officials’ reports, further submission from the two sides (Airtel Kitara and Express FC) and other independent studies, has come up with the following verdict.

The Match
1. The assessment and evaluation of circumstances causing abandonment of match 37 conforms to article 23(2) of the FUFA Competitions provision
of …any reason.. Hence the match shall be played to continuation on the same venue and dates to be communicated by the FUFA Secretariat under the provisions of same article, paragraph 3(a-g) of the same Rules as follows;
a) The match shall recommence with the same players on the pitch and substitutes available as when the match was initially abandoned;
b) No additional substitutes may be added to the list of players on the team sheet;
c) The teams can make only the number of substitutions to which they were still entitled when the match was abandoned;
d) Players sent off during the abandoned match cannot be replaced;
e) Any sanctions imposed before the match was abandoned remain valid for the remainder of the match;
f) The kick off time, date (foreseen for the following day) and location shall be decided by the TOC;
g) Any matters requiring further decision shall be dealt with by the respective TOC.

  1. Each team shall bear own costs and FUFA shall foot costs of match officials.

II.Disciplinary measures
1. Wasswa Bbosa
The team coach of Express FC whose behavior was found un-wanting as per referee and match assessor’s reports has been banned from team bench for 2 FUFA Competitions matches (FUFA Competitions as defined article 2(10) of FUFA Competitions Rules). For avoidance of doubt, the ban starts with the current match in question and any other match.

  1. Airtel Kitara FC

The home team has been fined 300UAs for laxity in general match organization. The amount shall be paid to FUFA before the match is played. (Please note that
1UA is equivalent to 1,000UGX)

III. Appeal
1. Given the nature of football competitions and smooth flow of the general FUFA calendar, any party aggrieved by the decision of FCC has been given up Tuesday March 08, 2016 17:00hrs to formally appeal the decision under the relevant requirements of the FUFA Competitions Rules.

IV.Final provisions
In this respect, the FCC need to stress that the decision is taken on exceptional basis as per general assessment and evaluation circumstances conforming to …any reason… for match abandonment as provided for in article 23(2) of the FUFA Competitions Rules in line with the matter at stake. Equally,

Please take note that the present assessment is without prejudice to the appreciation of identical or similar matters in future.

The FCC believes that you will appreciate the sporting spirit and intentions in the current decision.
The Supreme Court in Kampala has set Thursday 10 as the date for the pre-trail session of the hearing of the petition in which former Presidential candidate Amama Mbabazi contests the February 18th election results.

In addition, treat the court has accepted the amendments made in the petitions which were filed on Monday morning.

While Monday was supposed to have been the pre-hearing of the petition where parties would discuss agreed and contested issues, the better part of the morning was spent in argument regarding the amendments which respondents say were sudden.

Issues included in the amendment which was filed an hour after the stipulated time of pre-hearing including a request for vote recount in 45 districts, the social media shutdown by government during the polls among others.

“The amendment of the petition has been allowed by the Supreme Court.

Arising from the ruling just made,court will meet again on 10th March at 10am to follow up on any agreed issues.

“The petitioner has up to the close of business on Wednesday to have their affidavits signed,” pronounced Chief Justice, His Lordship Bart Katureebe.

Katureebe has given the respondent’s lawyers up to Sunday (an additional one day) to have filed the affidavit.
He cautioned the parties involved to expedite the case in the constitutional time of 30 days.

“I thought being a Presidential petition, this case should be handled professionally by experienced lawyers. I am concerned that petitioners still haven’t provided the required annextures to the respondents.”

The public as well as lawyers have also been asked to refrain from discussing the contents of the petition in the media so that court can do its duty.

Meanwhile Mbabazi’s lawyers have asked the Attorney General to prevail on government especially security agencies whom they accuse of harassing and intimidating their witnesses.

The hearing of the petition is slated for Monday 14.

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