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Nkana Football Club is seeking to pass the legal ball to the Court of Arbitration for Sport (CAS) as it battles a K300,000 claim by its former midfielder, Obeddy Masumbuko.
The Super Division side has asked the Lusaka High Court to stay the ongoing legal proceedings, insisting the matter should be resolved through arbitration in line with FIFA’s dispute resolution framework.
In court documents, the Kitwe-based club argued that Masumbuko’s claims—stemming from alleged unpaid salaries, bonuses, and benefits— were based on employment contracts that clearly stipulate arbitration as the agreed method for resolving disputes.
“The defendant is desirous that this matter be referred to arbitration and that arbitration proceedings be commenced in accordance with the arbitration agreement,” Nkana stated, citing Clause 56 of the FIFA Constitution and Section 2 of Zambia’s Arbitration Act No. 19 of 2000.
Nkana emphasized that both parties were bound by the arbitration clause and noted that Masumbuko had not contested the validity of the agreement.
The club contended that the midfielder’s decision to take the matter to court instead of arbitration breached their contractual agreement.
Masumbuko filed his lawsuit in February this year, accusing Nkana of breaching multiple contractual obligations dating back to 2018.
According to court records, the midfielder joined Nkana from Lumwana Radiants on a two-year deal worth K9,000 per month.
However, in 2020, the club allegedly slashed his salary by 20 percent for nine months, resulting in a shortfall of more than K17,000.
Despite this, Masumbuko signed a three-year contract extension that year, raising his salary to K10,000. He claims, however, that financial frustrations only worsened.
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Among his claims are:
1. K10,500 in unpaid winning bonuses from four games
2. K15,000 in an outstanding transfer fee
3. K132,500 of an unpaid K150,000 signing bonus
4. K37,946.16 in unpaid NAPSA contributions
5. K134,000 in gratuity for both contracts
In total, he is demanding over K300,000 from the club.
Nkana has denied owing Masumbuko and maintains that court is not the appropriate forum to resolve the dispute.
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