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BLACK SWALLOWS WIN ROUND ONE IN ALLEN MATTER

By Melusi Mlotsa | 2019-09-21

SOCCER - Pigg’s Peak Black Swallows have won round one of the matter involving Allen Mabuza, the players Status Committee and Mbabane Highlanders.

This comes after the judge ordered that the recent suspension of the player by the Eswatini Football Association which was made on the 5th of August should be set aside.

The judge further ruled that the dragging ownership of the player between Highlanders and Black Swallows should be heard by a new status committee, which will be appointed by the fifth respondent (Eswatini Football Association).

The ruling was issued yesterday morning at the High Court.

The new ruling means that the player will be eligible to play for Black Swallows during their MTN Premier League clash against Tambuti FC until the new hearing before the players Status Committee.

Judge Hlophe pointed out that the First Respondent (Players Status Committee ) decided ‘mero mutu’ to suspend the First Apllicat from all activities conducted under the auspices of the Fifth respondent(Eswatini Football Association).

Mentioned

He mentioned that before the suspension the First Applicant (Allen Mabuza) had not been afforded fair hearing.

“Furthermore, none of the parties had applied for the suspension of the player. The first respondents, it appears, had taken the decision without even asking to be addressed by the applicant, legal representatives. This decision was taken on August 5, 2019.

Judge Hlophe further said that the First and Second Respondent acted ultra vires (outside their powers when they recommended the suspension of the player in question just as it is contended in court.

“This court should declare these respondents as having had no power to unilaterally or mero mutu suspend a player pending investigations,”.

The Judge further stated that they should be no difficulty in an appropriate case for the court to decide the merits of the dispute where the facts are crisp and little dispute, requiring the referral of the matter back to its structures. He stated that it would be difficult for him to create a rule of thumb.

“ For purposes of reconsidering the matters, the first and second respondents are to be reconstituted, with new members who qualify to hear and determine the disputes being appointed to do so as the current members of these particular respondents are barred from doing so. Following what transpires in the papers and considering the matter, in particular the fact that the applicants themselves do not appear to be without some controversy attaching to them so as to have necessitated that some action be taken, I will order that each party bears its own costs.”

When referring the matter back to the PSC , Judge Hlophe said it cannot be heard by the same committee and cited the case of Darren Christie vs Players Status Committee and four others , High Court Case NO:1447/2017. He said the members of that committee should have learnt their lesson in what is expected of them as they substantially seem to be the same ones who presided over the matter.

Allegedly

“A lot was said about the court allegedly having or not having jurisdiction to hear this matter. It is being a matter where in terms of the regulations applicable in soccer fraternity, courts of law have to be avoided and, or should be slow in deciding matters there from. Owing to the manner in which the matter was approached, I did not get sense that the parties considered this argument pivotal in determination of the matter at hand.”

“I can only mention in passing that I do not think that the purpose of whatever regulations of the fifth respondent or even the Federation of the International Football Association were aimed at covering an injustice in excluding the courts of law . By this I mean that they could not and cannot in reality be used to say that even where a party approaches this for a review of decision based on apparent irregularity, which renders the decisions unjust without necessarily seeking to decide the merits it can said that courts are excluded.

Allen Mabuza was the 1st Applicant, while the 2nd Applicat is Piggs Peak Black Swallows.

The Players Stutus Committee was the First Respondent, Sipho Matse the 2nd Respondent, while Mbabane Highlanders Football Club were the third Respondent in the matter.

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