CAS Orders Fresh Elections into ANOCA. - HEYKAYJONES BLOG

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Thursday 31 May 2018

CAS Orders Fresh Elections into ANOCA.

                      

The Court of Sports Arbitration CAS has ordered new election to choose a President of the Association of National Olympic Committees of Africa (ANOCA)
This follows the CAS decision to upheld an appeal by Cameroon’s Hamad Kalkaba Malboum.

Kalkaba was controversially disqualified from standing in last year’s election by the ANOCA Executive Committee after being accused of bribery and corruption.
Ivorian Lassana Palenfo was consequently re-elected by acclamation for a fourth term in office at the ANOCA General Assembly held in Djibouti on May 10, 2017.

CAS revealed that ANOCA conceded during the hearing last month in Lausanne that “no evidence existed to support the conclusion that Mr Malboum Kalkaba was paid bribes to ‘buy’ votes for the election” and that the decision was “affected by procedural defects, since the organ competent to issue the decision was – according to the ANOCA statues – the General Assembly”.

Several other faults with the process were raised by Kalkaba’s defence to CAS.
This included “cherry-picked” evidence and conflicts of interest because Palenfo himself primarily chaired the ANOCA Executive Committee “hearing” at which his opponent was found guilty.
Both sides then issued a joint request for CAS to conclude that Kalkaba’s appeal be upheld.

“The decision adopted by the Executive Committee of ANOCA on May 6, 2017 is annulled and all sanctions against Mr Malboum Kalkaba are expunged,” the CAS verdict added.
“ANOCA shall comply with the resolution passed at its Extraordinary General Assembly on November 3, 2017 and a new election for President (open to all candidates) shall take place in accordance with ANOCA statutes.”

                     

Lassana Palenfo has led ANOCA since 2005 
ANOCA was also ordered to $8,000 to cover the costs of Kalkaba’s appeal and defence.
The CAS panel, chaired by Italy’s Luigi Fumagalli, also ruled that the appellant was entitled to damages to account for the loss he suffered both financially and in terms of his reputation.
Kalkaba revealed, however, he would not be seeking any financial compensation because he is “strongly committed to improving sport in Africa, which includes seeking increased funding for sport”.
He, therefore, “did not wish to ask this CAS panel to award damages”.
          
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Kalkaba is the President of the Cameroonian Olympic Committee and a vice-president of the International Association of Athletics Federations (IAAF).
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