Times Of Swaziland: ’DOWNS FILE CROSS-APPEAL

’DOWNS FILE CROSS-APPEAL
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Machawe Fakudze on 21/07/2024 08:27:00


MBABANE – Counter Attack!
In a true counter attack fashion, Denver Sundowns have taken the game to Manzini
Wanderers in the upcoming appeal case. In a bid to suffocate Wanderers appeal
case, Sundowns have file what is known as a cross-appeal in legal terms. A
cross-appeal is where both parties to legal proceedings appeal against the same
verdict. The cross-appeal was confirmed by sources close to the appeal. They
said details of the cross-appeal would be argued during the hearing of the
appeal before the Eswatini Football Association (EFA) Appeals Committee.
However, the Times SUNDAY Sports desk can confirm that the grounds of appeal
cited by Sundowns include failure, by Manzini Wanderers, to cite relevant rules
infringed during confirmation of the initial protest.  The sources said Sundowns
was not taking the case lying down and believed that they had valid grounds for
the cross-appeal. “According to the papers filed by Sundowns, the DC
(Disciplinary Committee) erred in law and in grossly misdirected themselves by
failing to uphold the point which they raised before the hearing. The
appellant’s preliminary point was to the effect that Wanderers’ protest
failed to comply with Rule 34.10, read together with 34.11 of the 2023/2024, of
MTN PLE Rules and Regulations,” the source said.
These Rules 34.10 and 34.11, states that; “The written protest must set out
the reasons for the protest, including the facts on which it is based on and
must refer to the Article or Rule allegedly contravened by the alleged offender.
The onus is on the protesting member club to ensure that the provisions of this
Rule are complied with, failing which, the protest will not be entertained by
the League or Disciplinary Committee.”
France
Sundown’s Legal Representative, Zakhele Dlamini, who will be leading athletes
to the Olympic Games as Chef de Mission in Paris, France, tomorrow refused to
comment on the matter and said it was not his style to speak on matters
involving clients. “The fact that the matter is still subjudice, makes it hard
for me to comment. This is besides the fact that I do not make comments on
issues of my clients. It’s a matter of principle,” he said. Meanwhile, The
Premier League of Eswatini (EFA) has issued a notice that the appeal will be
held on Tuesday, July 23, 2024, at 5.30pm. The matter will be held at Sigwaca
House in Mbabane.
A legal expert contacted to clarify the impasse said the fact that Dlamini was
travelling to France, was not going to decapitate his client’s case in the
appeal. The expert who spoke on condition of anonymity mentioned that the law
had a number of remedies which could be useful to Sundowns.“The cross-appeal
itself means that Sundowns is bringing down the wall on Wanderers and making
matters worse. This means even if Wanderers win the appeal, it would still be
useless if Sundowns also win the cross-appeal. This is an interesting case study
for law and football and unfortunately, it might be worse for Wanderers,” said
the lawyer.
On the other hand, a top brass official at Wanderers said they were still
waiting for the EFA to give them the date for the appeal and should they fail to
do so, they would be forced to stop all football activities, including the
upcoming Annual General Meeting (AGM), as well as the start of the new season.
The official revealed that they were currently registering their players under
the premier league division until justice prevailed in the matter. The two sides
are currently involved in one of the longest protests in local football, after
Wanderers lodged a protest against Sundowns duo of Jimoh Moses and Bernard
Ayikwei. They alleged that the players had no valid work permits.
The matter was then taken to the EFA DC-chaired by Thulani Sibandze and was
eventually put to rest on July 1, 2024. The DC verdict did not favour Wanderers,
as they demanded written reasons from EFA and they were given a week later. This
made the Weslians to request that the EFA Appeals Board give them a date to
appeal the DC verdict.