FAM takes 'gamble' on elections despite CAS legal warning

KUALA LUMPUR: FA of Malaysia (FAM) delegates voted today to proceed with an Extraordinary Congress and executive committee elections, despite acknowledging that the Electoral Committee chairman is legally unqualified for the post.

The decision was reached following intense procedural discussions, accompanied by a stern warning from congress chairman Datuk Seri Windsor Paul, who cautioned that the outcome remains vulnerable to legal challenges at the Court of Arbitration for Sport (CAS).

Windsor, who is Asian Football Confederation (AFC) general secretary, addressed the assembly after tabling a formal objection letter submitted by the Selangor FA (FAS) on Sept 8.

The letter cited Article 4.5 of the FAM Electoral Code, which mandates that the chairperson and deputy chairperson of the Electoral Committee must be qualified to practise law.

"Because the chairman and deputy chairman do not meet the criteria in the FAM statutes as pointed out in the letter from FAS, the ball is in your court now to decide whether you want to continue with the congress or otherwise," Windsor told delegates at a hotel in Petaling Jaya.

"We all know that the chairman and deputy chairman do not possess the qualifications as stated in the FAM statutes. This is solely the decision of the congress, and not FIFA or AFC.

"You have to make this decision today bearing in mind that anyone can challenge this decision. Even though the congress unanimously agrees to proceed, anyone can still take this case to the highest level, including an appeal to CAS, because it is a violation of eligibility."

Explaining why the issue was not resolved prior to the EGM, Windsor said FAM was stuck in an administrative deadlock because the national body had been operating without an executive committee (exco).

Under the statutes, statutory amendments and committee nominations can only be initiated by an active exco.

Pushing for the election to go ahead, Perak FA representative Datuk Azhar Jamaluddin moved a motion to proceed, arguing that FAM could not afford further administrative paralysis.

"FAM has been operating with only its general secretary for almost five months. If we postpone it further, it might take another year," said Azhar, proposing that the congress ratify the committee's past work and conclude the polls.

FAS deputy president Datuk Seri Dr Shahril Mokhtar seconded the motion to proceed, but issued a caveat.

"I propose that this congress and election be continued, but with a reprimand... so that in the future, such matters will not happen again," said Shahril.

The debate grew heated when Sarawak FA president Datuk Fazzrudin Abdul Rahman urged the congress to explicitly minute an endorsement of Electoral Committee chairman Datuk Dr Abdullah Mohamad Said under Article 86 (interpretation of statutes) to shield the results from future disputes.

However, Windsor firmly rejected the proposal to formally validate an ineligible post, cautioning that the general assembly cannot bypass statutory requirements without due amendment processes.

"For us to qualify the chairman, you need to change the statutes. The congress cannot go against the statutes... If you ask us to endorse today, then I cannot sit here as chairman and endorse something which is wrong. Two wrongs cannot make a right. Let us stop at the vote by delegates to proceed with the election," said Windsor.

With the motion carried, the congress handed the floor to Abdullah to conduct the voting process for the 2025-2029 term.

Timesport recently reported that FAM faced a major legal minefield and the risk of nullification at CAS ahead of the EGM due to questions over whether long-serving election chief Abdullah satisfied the requirement to be qualified to practise law.