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JUDGE MAMBA SUSPENDS CONTEMPT PROCEEDINGS AGAINST PLE

By JONGILE XUBA | 2024-11-29

SOCCER - HIGH Court Judge Mbutfo Mamba has ruled that the contempt of court proceedings against the Premier League of Eswatini (PLE) be suspended pending the conclusion of the main appeal by Moneni Pirates and Denver Sundowns against Manzini Wanderers' reinstatement ruling.

This legal battle stems from Judge Mumcy Dlamini's decision to reinstate Manzini Wanderers into the MTN Premier League, which prompted appeals by Moneni Pirates and Denver Sundowns.

While awaiting the appeal's outcome, Wanderers sought inclusion in the league fixtures, but the PLE did not comply with the reinstatement order. In response, Wanderers pursued contempt of court charges against the PLE for allegedly failing to execute the ruling.

In delivering his verdict yesterday, Judge Mamba highlighted that under common law, the filing of an appeal automatically suspends the enforcement of the appealed order.

“In summary, the court issues that the contempt of court proceedings pending before the High Court under case 1822/2024 are hereby stayed pending the finalisation of appeal case 98/2024,” Judge Mamba stated in his ruling.

Manzini Wanderers also filed a counter application, seeking inclusion in the ongoing MTN Premier League fixtures pending the outcome of the appeal. Judge Mamba dismissed this request, stating that there was no justification for such an order under the circumstances.

He further ruled that Wanderers’ attempt to restrain the PLE from fixturing matches could not be introduced at this stage of the proceedings. Following Judge Mamba's ruling, Manzini Wanderers escalated their case to the chief justice (CJ), requesting that the matter be urgently heard.

The club’s legal representative Bongani ‘Bhanyaza’ Mdluli confirmed the application, emphasising the urgency due to ongoing league matches being scheduled without Wanderers' inclusion.

“We humbly request that you bring it to the attention of the honourable chief justice that our clients have lodged an application to deem the respondent's appeal lodged on the 27 of September 2024 abandoned. Our client instructs us that the matter is extremely urgent as the matches under the Premier League of Eswatini are continuously fixtured in exclusion of the Applicant herein.

“This is done on the unfounded basis that the appeal stays execution,” reads part of the letter submitted to the CJ.

The decision to suspend the contempt proceedings provides temporary relief for the PLE as they await the outcome of the appeal. Meanwhile, the urgency expressed by Manzini Wanderers highlights the growing tensions surrounding their exclusion from league fixtures, with their legal team pushing for a swift resolution.

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