Fwd: UCA Appeals Committee Verdict

[Mpande John]

---------- Forwarded message ----------
From: Mpande John <jbmp...@gmail.com>
Date: Fri, Sep 16, 2016 at 9:06 AM
Subject: Re: UCA Appeals Committee Verdict
To: Uganda Cricket Association <in...@ugandacricket.com>
Cc: Abu Musuuza <a...@villageenergyuganda.com>, is...@arcadialaw.co.ug, mhse...@gmail.com, sira...@kma.co.ug, "ten...@yahoo.com" <ten...@yahoo.com>, fred.l...@gmail.com, Justine <justin...@yahoo.com>, bagabo...@yahoo.com, "Bagabo, Joseph: BB Uganda" <joseph...@barclays.com>, kebba nicholas <ke...@kibukamusokeandtendo.com>, Justine Ligyalingi <jus...@ugandacricket.com>, bashi...@gmail.com, bhoomi...@rediffmail.com, Denis Musali <denr...@yahoo.com>, "jer...@kibukamusokeandtendo.com" <jer...@kibukamusokeandtendo.com>, Jeremy Kibukamusoke <jere...@hotmail.com>, Richard Mwami <mwa...@gmail.com>, rtt...@gmail.com, "Abram K. Lutaya" <akluta...@yahoo.co.uk>, rajke...@yahoo.com, slugemw...@gmail.com

Dear Appeals Committee,

I would like to thank you for the prompt response and hoping we can see similar immediate responses on similar matters ( now that a precedent has been set).

However, following your cue on defining an appeal, I took liberty to also look up a definition of natural justice to share with you here below.
From the onset, let me clarify, I cannot deny your competence in law (and the "interpretation ") but can question the application of common sense, basic logic and playing for the spirit of the game.

The application from TBCC and Nile CC was made in order to provide all the facts on the subject matter given that the committee members are not actively involved in the game (rather remotely). And the appeal was made in the spirit of the game.

However, when the committee assets that " The decision of the committee shall be final" yet the decision was reached at with one sided facts, then one naturally questions the decision made in this regard and the factors behind this.

NATURAL JUSTICE

What are the rules of natural justice?

The principles of natural justice concern procedural fairness and ensure a fair decision is reached by an objective decision maker.

Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process.

A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply.

The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis.

These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions.

Three common law rules are referred to in relation to natural justice or procedural fairness.

The Hearing Rule

This rule requires that a person must be allowed an adequate opportunity to present their case where certain interests and rights may be adversely affected by a decision-maker.

To ensure that these rights are respected, the deciding authority must give both the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.

When conducting an investigation in relation to a complaint it is important that the person being complained against is advised of the allegations in as much detail as possible and given the opportunity to reply to the allegations.

The Bias Rule

This second rule states that no one ought to be judge in his or her case. This is the requirement that the deciding authority must be unbiased when according the hearing or making the decision.

Additionally, investigators and decision-makers must act without bias in all procedures connected with the making of a decision.

A decision-maker must be impartial and must make a decision based on a balanced and considered assessment of the information and evidence before him or her without favouring one party over another.

Even where no actual bias exists, investigators and decision-makers should be careful to avoid the appearance of bias. Investigators should ensure that there is no conflict of interest which would make it inappropriate for them to conduct the investigation.

The Evidence Rule

The third rule is that an administrative decision must be based upon logical proof or evidence material.

Investigators and decision makers should not base their decisions on mere speculation or suspicion.

Rather, an investigator or decision maker should be able to clearly point to the evidence on which the inference or determination is based.

Evidence (arguments, allegations, documents, photos, etc..) presented by one party must be disclosed to the other party, who may then subject it to scrutiny

On Fri, Sep 2, 2016 at 10:57 AM, Uganda Cricket Association <in...@ugandacricket.com> wrote:

Dear Members of the Appeals Committee,

 

We have received the attached appeal from Tornado Bee Cricket Club for your attention. We shall arrange to send a hard copy of the same to your premises at Arcadia Advocates.

 

Also copied in on this mail is the UCA Board, UCA Trustees, Tornado Bee and Tornado Cricket Clubs

 

Regards

 

Justine Ligyalingi

Chief Executive Officer

Uganda Cricket Association

+256 777 759851/ 0312264916

www.ugandacricket.com

 

From: Uganda Cricket Association [mailto:in...@ugandacricket.com]
Sent: Tuesday, August 16, 2016 5:09 PM
Subject: UCA Appeals Committee Verdict

 

Dear Members,

 

RE: VERDICT OF THE UCA APPEALS COMMITTEE REGARDING THE PETITION FILED BY TORNADO CC

 

Background:

 

You will recall that on 2^nd August 2016, Tornado CC in exercising Article XIX of the Constitution  filed an appeal to the UCA Appeals Committee contesting the decision of the UCA Games Committee on the 2^nd Round League game between Tornado CC V and Tornado Bee CC that had been scheduled for Sunday 24^th July 2016.

 

Decision of the Appeals Committee

 

The Appeals Committee that consists  of Siraji Ali, Sebina Muwanga, Abu Musuza, Tendo Andrew and Isaac Bakayana reviewed the appeal and their conclusions which are contained in the judgment dated 10^th August 2016 are summarized as follows.

 

1.       That they were convinced Tornado CC were aware of the rescheduled match fixed on Sunday 24^th July 2016

2.       That the game of 15^th May 2016 that had been treated as a rescheduled game was actually an abandoned game according to Rule 13 of the UCA Playing Conditions 2016.

3.       That the game was abandoned within the meaning of Rule 13 and as such Tornado CC earned 2 points under the same rule.

 

On the whole, the Appeals Committee ruled that Tornado CC appeal succeeds in part i.e. the game of 15^th May 2016 was an abandoned game and therefore got two (2) points from it.

 

Conclusion.

 

Under Article XIX, Section 1 of the UCA Constitution the decision of the Appeals Committee shall be final and therefore this brings the matter to its final conclusion.

 

For this reason therefore, the points table for the Jazz Safari National League 2016 that had been sent out earlier shall be revised accordingly and circulated.

 

We would like to thank for your patience as this matter was being resolved.

 

Regards

 

Justine Ligyalingi

Chief Executive Officer

[Ian Wamara]

Dear John Mpande,

I 'am glad that you are taking these issues seriously. I hope all concerned & the cricket fans appreciate, that this is the only way we can develop our game to international standards. 

Please imagine if we have a set of foreign players in our league, in the coming years and, these kind of decisions and attitudes are still deep entrenched?, what value does the "board or trustees" add to cricket, if they can't be appealed to?, does that mean we seek legal redress?, 

We are always following cricket related activities and news from a distance, so take heart that you have support. 

I wish you all a nice weekend.

@THE GREAT KABUKI,

Please advise when you & the wolf(Yona) are in Nairobi. 

 

Regards,

Ian Wamara
Associate

Mobile:  +256-704-004722 (Uganda)
Mobile:  +254-711-621199 (Kenya)
Mobile:  +250-735-434100 (Rwanda)
Mobile:  +257-762-22200 (Burundi).
Skype ID: ian_wamara
BBM PIN: 515BA093

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From: Mpande John <jbmp...@gmail.com>
To: torn...@googlegroups.com
Sent: Friday, September 16, 2016 9:32 AM
Subject: Fwd: UCA Appeals Committee Verdict

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[kebb...@yahoo.com]

Good morning members,
Please refer to the above. The season is far from over and we still have expenses to cater for as a club.
I am kindly calling upon all members with outstanding balances to clear the same to enable the management to effectively run the club affairs.
Your contributions are much appreciated and I wait for your prompt responses.
A blessed week to you all

Regards
Nicholas

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Friday, 16 September 2016, 05:22PM +03:00 from Ian Wamara' via TornadoB torn...@googlegroups.com:

[kebb...@yahoo.com]

Find attached

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-------- Forwarded Message -------- From: kebbanick via TornadoB torn...@googlegroups.com To: torn...@googlegroups.com Date: Tuesday, 20 September 2016, 07:24AM +03:00 Subject: Re: Outstanding contributions

 

You will recall that on 2 ^nd August 2016, Tornado CC in exercising Article XIX of the Constitution  filed an appeal to the UCA Appeals Committee contesting the decision of the UCA Games Committee on the 2 ^nd Round League game between Tornado CC V and Tornado Bee CC that had been scheduled for Sunday 24 ^th July 2016.

 

Decision of the Appeals Committee

 

The Appeals Committee that consists  of Siraji Ali, Sebina Muwanga, Abu Musuza, Tendo Andrew and Isaac Bakayana reviewed the appeal and their conclusions which are contained in the judgment dated 10 ^th August 2016 are summarized as follows.

 

1.       That they were convinced Tornado CC were aware of the rescheduled match fixed on Sunday 24 ^th July 2016

2.       That the game of 15 ^th May 2016 that had been treated as a rescheduled game was actually an abandoned game according to Rule 13 of the UCA Playing Conditions 2016.

3.       That the game was abandoned within the meaning of Rule 13 and as such Tornado CC earned 2 points under the same rule.

 

On the whole, the Appeals Committee ruled that Tornado CC appeal succeeds in part i.e. the game of 15 ^th May 2016 was an abandoned game and therefore got two (2) points from it.

 

Conclusion.

 

Under Article XIX, Section 1 of the UCA Constitution the decision of the Appeals Committee shall be final and therefore this brings the matter to its final conclusion.

 

For this reason therefore, the points table for the Jazz Safari National League 2016 that had been sent out earlier shall be revised accordingly and circulated.

 

We would like to thank for your patience as this matter was being resolved.

 

Regards

 

Justine Ligyalingi

Chief Executive Officer

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[Dennis Buwembo]

Keba, please revise my row to reflect my humble contribution todate

That will give me impetus to clear up. I think even last year my modest contribution was not reflected and it deflated my efforts to continue

Sent from my iPhone

<Contribution table as at 7th August 2016.pdf>

[nicholas kebba]

Good morning all,
@Dennis, thank you for your response however the table does reflect the contribution received to date. Please note that there are two columns, one for the annual subscription and contribution to the easter tour (by a select kenyan team to Uganda) and december tour (by tornado b to nakuru/nairobi). As has been tradition the annual contribution is a priority however contributions to the tours are highly welcome though not mandatory. All members are eligible to participate in the tour.
Attached is the revised table for the contributions to date and for all that have contacted me for clarification, thank you.

kind regards
Nicholas
--------------------------------------------
On Tue, 9/20/16, 'Dennis Buwembo' via TornadoB <torn...@googlegroups.com> wrote:

Subject: Re: Outstanding contributions
To: torn...@googlegroups.com
Date: Tuesday, September 20, 2016, 7:04 PM

[Dennis Buwembo]

Thanks Keba, somehow it had skipped my attention. 

Dennis

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<Contribution table as at
7th August 2016.pdf>

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