By Lehlohonolo Lehana.
Royal AM has been dealt another blow in their quest to remain at the top of the GladAfrica Championship log to gain automatic promotion into the DSTV Premiership.
On friday evening,Gauteng Hgh Court Deputy Judge President Roland Sutherland finds that the probabilities of the appellant court to set aside the award in his view do not meet the test.
“Rules are the Rules” therefore “Leave for application to appeal should be dismissed”.
The costs incurred by Sekhukhune United in participating in the leave to appeal will be borne by Royal AM, ruled Sutherland.
During proceedings advocate Dali Mpofu sought to convince Sutherland that a different court could arrive at a different conclusion. Mpofu insisted that had made errors in law when he awarded Sekhukhune three points and three goals, likening the award to lotto points.
According to Mpofu, Judge Hilton Epstein had erred when he did not recognise that a forfeit was not the only conclusion he could arrive to. Mpofu also said that Epstein had not relied on the NSL Handbook and instead rushed to the FIFA rules without merit.
Imagine, my lord, if Brazil wins the World Cup, goes and celebrates and then Epstein comes and says there was a blank space and therefore, you must return that World Cup and, not only return it to FIFA, but actually give it to the team that lost 5-0. That’s just not football,” he charged.
This was denied by Counsel for the Limpopo side, who argued that reference point in Epstein’s judgment remained the NSL handbook and that the FIFA rules were only additional, arguing that there was no basis for the application for leave to appeal.
Advocate Norman Arendse, who was representing Sekhukhune, responded: “Let me agree with Mr. Mpofu for a change. DSTV Premiership football may be played on green pitches but they are played according to the rules and those are rules in the NSL Handbook and all the clubs agree they are bound by those rules.”
He continued: “You may well end up winning the match 5-0, on his example, but you may well end up losing that match. Not because it’s in the boardroom or court of law but because you transgressed the rule. In other words, your conduct is unfair to the other teams and to other member clubs who play by the rules by your do not play by the rules and you can get penalised for it and that was the case here with Polokwane City.”
Earlier this week, the PSL requested Sutherland to deal with Royal AM’s application for leave to appeal “as a matter of extreme urgency”.
The request follows Sutherland’s confirmation of the Safa Arbitration Tribunal award handed down by Advocate Hilton Epstein.
The consequence was that Sekhukhune United secured automatic promotion to the Premiership for next season.
The KwaZulu-Natal based Royal AM were embittered with Sutherland’s decision, and on Monday they successfully obtained an interdict from Judge AJ Nyathi to temporarily pause the start of the PSL promotion/relegation playoffs. It was scheduled to commence on Tuesday.
The PSL revised the fixture list, which was meant to come into effect yesterday with a match at Nelson Mandela Stadium between Chippa United and Richards Bay.
Royal AM sprang into action again to ensure that yesterday’s game did not proceed.
Later on, the PSL relented and issued a statement, informing that the game had been postponed.
The PSL’s statement, in part, read: “A legal dispute has arisen between Royal AM and the league as to whether the order granted by Nyathi AJ has been suspended as a result of the filing by the league of an application for leave to appeal Nyathi AJ’s order.
“The league contends that the order has been suspended, while Royal AM contends that it has not. In the circumstances, the league has elected to:
1. Postpone the start of the playoffs.
2. Seek the urgent intervention of the High Court.
“Unfortunately, that means that Richards Bay Football Club and Chippa United Football Club will not be able to play their scheduled match on Thursday.
“The risks to the completion of the season are obvious, but in view of the dispute, the league has elected to act with an abundance of caution even in extremely trying circumstances for all member clubs, their players, and those affected in this matter.”