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CAS 2019 A 6220 (CAS)

Why it matters

This case reaffirms CAS's de novo review power and its willingness to admit evidence even if obtained in a questionable manner, given the public interest in combating match-fixing. It also clarifies the application of the lex mitior principle in FIFA disciplinary proceedings, confirming that the code in force at the time of conduct governs substantive violations.

Summary

Boniface Mwamelo, a former Zambian football official, was banned for life and fined CHF 10,000 by FIFA's Ethics Committee for conspiring to manipulate matches. The case arose from email exchanges with convicted match-fixer Wilson Raj Perumal in 2010, where Mwamelo agreed to select players 'who will listen to orders' for Zambia's U23 team in a Cairo tournament, in exchange for USD 5,000. The match between Cameroon and Zambia showed suspicious betting patterns. Mwamelo appealed to CAS, arguing procedural flaws and that the emails were illegally obtained. The CAS panel conducted a de novo hearing and upheld the sanction. It held that the 2009 FCE applied (not the 2018 edition) and that the emails were admissible despite potential illegality, balancing the public interest in fighting match-fixing against any rights infringement. The panel found Mwamelo's conduct clearly violated Article 11 (bribery) of the 2009 FCE, as he actively participated in a scheme to manipulate matches for financial gain.

The detail

Parties: Boniface Mwamelo v. FIFA

Case number: CAS 2019 A 6220

Outcome: Appeal dismissed; life ban and CHF 10,000 fine upheld.

Quantum: CHF 10,000

Applicable law: 2009 FIFA Code of Ethics (Art. 11 bribery); 2018 FIFA Code of Ethics (procedural); Swiss law

Issues in play: The temporal application of the FIFA Code of Ethics (2009 vs. 2018 editions) and the admissibility of potentially illegally obtained email evidence in match-fixing cases.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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