FIRED ‘CHAKA CHAKA’ MUST GO TO CMAC – MATSAPHA UTD

MBABANE – He may have twice been successful in court but Matsapha United will today inform the Industrial Court that coach Matthews ‘Chaka Chaka’ Mandlazi has been fired and can only run to CMAC for redress.

 In their heads of argument for the case that goes on today, the First Division League outfit will argue that the Industrial court cannot sit as a court of appeal or review decisions of the employer.

This is their response to the applicant’s sought relief to have his disciplinary Chairman changed and a new one appointed due to allegations of bias.
“The relief sought by applicant cannot be granted as the chairman is functus officio (unqualified to continue with case after ruling) and accordingly, he cannot be removed,” reads the papers.

They argue that since the hearing was completed last week and Mandlazi’s contract of employment terminated; the only remedy applicant has is to appeal or to report a dispute at CMAC whereby the dispute can be determined.
“An employee who seeks redress for his dismissal must ordinarily comply with dispute reporting procedures prescribed by part VIII of the Industrial Relations Act as laid out in Gcina Dlamini vs Nercha & another – case No: 633/08,” the team argue.

The club also challenges the allegation of contempt of court in that they failed to pay Mandlazi’s January salary as per the manner of the order of the court as they could not pay him on the stipulated date, but only on hearing day last Wednesday.
They say the application is ill conceived as applicant combined a prayer for contempt of court together with the prayer to set aside chairman’s recommendation.

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