TOO HOT FOR ARBITRATOR

Oct 03, 2002

THE petition against FUFA at the Centre for Arbitration and Conflict Resolution (CADER) took a dramatic twist yesterday with the arbitrator throwing in the towel.

By James Bakama
THE petition against FUFA at the Centre for Arbitration and Conflict Resolution (CADER) took a dramatic twist yesterday with the arbitrator throwing in the towel.
With local soccer governing body FUFA and the petitioners all set for a ruling on the dispute, the arbitrator Yesero Mugenyi shocked everyone by opting out because one of the sides had questioned his integrity.
“They are childish. It is time they looked elsewhere for an arbitrator,” said an upset Mugenyi at the Centre for Arbitration and Conflict Resolution in Nakasero.
This was after a FUFA accusation that Mugenyi was siding with petitioners Joseph Kakooza and Badru Sentongo. FUFA’s lawyer Edson Ruyondo had also wanted a postponement to October 15.
“We request you to step down so that the concerned parties can appoint by common consent a non partisan arbitration tribunal in line with our constitution, CAF and FIFA statutes,” wrote FUFA secretary Haruna Mawanda.
Mawanda claims Mugenyi arbitrarily fixed the hearing dates without consulting them.
Petitioners Kakooza and Sentongo through their lawyer Richard Kiboneka said they will seek another arbitrator. Mawanda however insists that they will only respect a CADER ruling if the complainants agree not to take the case to court.
As tension rose, Mawanda at one point cautioned Kakooza of a possibility of having Uganda banned by FIFA for taking football matters to court.
But the Kalangala delegate, banned together with Sentongo at FUFA’s recent general assembly, shot back. “They can ban Uganda after all you also banned us,” he shouted.
Lawyer Kiboneka accused Mawanda of opting for jungle law.
He also dismissed FUFA claims of ignorance about what had earlier transpired and methods of operation, arguing that the soccer body’s lawyer was informed.
Sentongo was absent, but present to boost the Kakooza team was Obua’s main opponent at the last polls Abbas Kawaase and chief campaigner Eugene Katamba.
The conflict stemmed out of failure to uphold a constitutional requirement of having a re-run after Dennis Obua failed to get a 50% win at the polls. Kawaase finished second while Michael Okiror was third.
A re-run would have had Obua contesting with Kawaase where the winner by a simple majority would have been declared FUFA president.
But the assembly voted not to go for a re-run and maintained the first result declaring Obua president. The complainants argue that such a move would have required a constitutional amendment. Ends

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