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EXECUTION OF ORDER OPPOSED

By Melusi Mlotsa | 2024-10-16

SOCCER - NO ways! With the marathon case regarding Manzini Wanderers' eligibility to play in the MTN Premier League, Denver Sundowns, Moneni Pirates and Jimoh Moses were said to be opposed to Wanderers' Execution of Order.

Last week, the hub giants filed an urgent application to be allowed to be fixtured in the ongoing Premier League games. They argued that their non-participation in football was denying them the right to collect revenue necessary to sustain themselves and their employees, together with their dependents. However, Advocate Lucas Maziya (representing Sundowns, Pirates and Jimoh) has opposed the Weslians Execution of Order on the basis that it lacked urgency. “The urgency case is self-created in that the applicant became aware of the appeal serving at the Supreme Court of Eswatini on September 27, it waited for a total of seven working days before it came to court on contrived urgency.

The basis for the urgency is misconceived. In paragraph nine of Wellington Motsa's affidavit, as it is disposed that, it is common cause that the supreme court will only sit next year to hear fresh appeals, while on the other hand there is no prejudice to be suffered by any of the respondents, especially because this is not to claim sounding money. “This averment is nothing but an opinion of Wellington Motsa and can hardly be regarded as common cause. Such basis for urgency departs from a factual and legal premise. How does Wellington Motsa know that fresh appeals will only be heard next year? “It is also a common cause that the order sought to be executed will have a bearing on the games already played by the third respondent. The third respondent has already played against Mbabane Highlanders Football Club, Nsingizini Hotspurs Football Club, Sidvwashini United Football Club and Royal Leopard Football Club.

These teams will definitely be affected by the execution of order one way or the other as well as interested parties in these proceedings,” read points of law raised by Advocate Maziya. The matter will be back in court on Friday morning before Judge Mumcy Dlamini. Between today and tomorrow, Advocate Maziya and Sifiso ‘Charlie’ Jele will be filing their founding affidavits.

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