Masumbuko opposes Nkana FC’s bid to refer pay dispute to international arbitration

Former Nkana Football Club player, Obeddy Masumbuko, has opposed an application by his former club to halt court proceedings and refer a dispute over unpaid dues to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland.

Masumbuko, who is claiming over K300,000 in unpaid salary, bonuses, gratuity, and statutory contributions, argued before the Lusaka High Court that sending the matter to international arbitration would delay justice and impose undue financial hardship on him as a Zambian player with limited means.

Nkana Football Club Limited had filed an application on April 3, 2025, seeking to stay the ongoing case based on Clause 50(f) of Masumbuko’s employment contract dated October 29, 2020.

The clause provides that disputes be resolved either by the Football Association of Zambia (FAZ) Players’ Status Committee or referred to CAS.

However, in an affidavit in opposition, Masumbuko argued that the clause lacked clarity and certainty and failed to qualify as a valid arbitration agreement under Zambia’s Arbitration Act No. 19 of 2000.

“The clause fails to clearly express a binding intention to exclude court jurisdiction, rendering it null and void or inoperative,” Masumbuko stated.

He further questioned the suitability of the FAZ Players’ Status Committee as an arbitral body and noted that reference to CAS was neither mandatory nor exclusive.

Masumbuko submitted that his employment-related claims were better suited for adjudication by the Zambian courts, which have appropriate jurisdiction and expertise in labour matters and statutory entitlements.

Among his claims are K90,000 in gratuity under Section 73 of the Employment Code Act No. 3 of 2019 and unremitted National Pension Scheme Authority (NAPSA) contributions amounting to K37,946.16.

He indicated plans to seek a judgment on admission for certain acknowledged claims and apply for summary judgment on the gratuity component.

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