MASHUMI, SRFA WERE DEFIANT - NFAS

MBABANE – While the National Football Association of Swaziland (NFAS) has questioned the High Court’s jurisdiction on the Mashumi Shongwe and SRFA case, they have told the court that the applicants were defiant.

Shongwe and the Shiselweni Regional Football Association (SRFA) are 2nd and 1st applicants, respectively in the matter whereby they challenge the nullification of the SRFA elections by the NFAS.
In its opposing papers, the NFAS raised a point of law of lack of jurisdiction by the court.

“It is averred that in terms of Section 152 of the Constitution Act 2005, the honourable court does not have jurisdiction herein since the 1st respondent (NFAS) is not a subordinate court, a tribunal or a lower adjudicating authority. The 1st Respondent does not even exercise quasi-judicial functions. The 1st Respondent is an association, which exercised administrative powers. Wherefore, 1st respondent prays that the point be upheld,” says the NFAS.

However, it still provides that if not upheld, it is ready to go on as the papers then get to the case as per the contents of the founding affidavit.  “The 1st respondent has always maintained its stance that the 2nd applicant (Mashumi), before standing for any elections with the SRFA, must vacate his position as vice-president of the NFAS. This was specifically aimed at maintaining integrity of football and to avoid matters of conflict of interests arising. The 2nd applicant (Mashumi), as a member of the Executive Committee of the NFAS, discharges many administrative functions which need integrity,” said the NFAS CEO Frederick Mngomezulu.

The NFAS says Shongwe should have resigned his vice presidency before standing for the SRFA election which he won as chairman before the NFAS stepped to nullify the whole executive on grounds that it was elected under total violation of the NFAS constitution.
Mngomezulu further told the court that Shongwe was conflicted and trying to confuse the court while also running away from a disciplinary hearing for a serious breach of the NFAS Constitution. Shongwe was also suspended from all football activities while a normalisation committee was put in place by the mother body.

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