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CAS To Nominate Arbitrator On Behalf Of NFA

NPL chairman Patrick Kauta (right) with NPL CEO Harald Fulle.
WINDHOEK – The Court for Arbitration for Sports (CAS) has asked Patrick Kauta and Mpasi Haingura to nominate their preferred arbitrator in their appeal against a decision to exclude them from the Namibia Football Association (NFA)'s presidential elections last month.

This information is contained in a letter dated 12 March 2020 seen by Nampa which was sent to the pair as well as to Ranga Haikali, who was elected president of the NFA at the elective congress on 22 February in Windhoek. The two approached CAS before the congress to seek urgent relief after their exclusion, however they were informed that it was not an urgent matter.

CAS is an institution independent of any sports organization based in Lausanne, Switzerland which provides for services in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world.

CAS agreed to arbitrate the case and assigned its lawyer, Delphine Deschenaux-Rochat. In the letter, it stated that the NFA, who is the first respondent failed to nominate their preferred arbitrator, which means CAS will now nominate one on their behalf. This is according to Article R53 of the Code of Sports-Related Arbitration.

CAS also directed the NFA to provide the appellants (Kauta and Haingura) with audio recording, transcribed records, minutes and all documents relevant to the decision to exclude them from the election by 19 March. This is because the NFA did not comment on the appellants' requests for this information.

When contacted by Nampa on Saturday, Kauta said he and Haingura in the meanwhile nominated Corné Goosen, a practising advocate to the High Courts and Labour Court of South Africa as their mediator. On her part, outgoing NFA Normalisation Committee chairperson Hilda Namundjebo-Basson yesterday responded that they did not nominate any arbitrator as they are “comfortable with the ones nominated by CAS and the appellants”.

The CAS was created in 1984 and is placed under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS). It has nearly 300 arbitrators from 87 countries, chosen for their specialist knowledge of arbitration and sports law.

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