VICTORY FOR MATSAPHA OVER ‘CHAKA CHAKA’

MBABANE – The long stand-off between Matsapha United and fired coach Mathews ‘Chaka Chaka’ Madlazi has ended with victory for the former.

Industrial Court Judge Nkosinathi Nkonyane dismissed the tactician’s application to stop his dismissal as Matsapha United’s, respondents in the matter, coach. Nkonyane continued in his verdict that each party will pat its own court costs. ‘Chaka Chaka’ was represented by T Hlandze of Gigi Reid Attorneys while T Dlamini represented Matsapha who last Saturday secured promotion to the premier league.

The Mozambique-born coach was served with a letter containing charges of gross misconduct on January 11, 2017 after he was alleged to be involved in an illicit relationship with a married woman who is a relative of one of the team players, and was suspended without pay pending a disciplinary hearing.
The team’s decision triggered ‘Chaka’ Chaka to institute an urgent application before the court for an order to set aside the suspension and retention of the house allocated to him by the team at their Madala Lodge base, which was granted by the court.
In the disciplinary hearing, ‘Chaka Chaka’ was fired.

The court noted in its ruling that it was not in dispute that the applicant has since been dismissed by the respondent.
“It seems, however, that the applicant (coach) did not accept the respondents (team) decision to dismiss him. The applicant did not, however, report the matter to Conciliation Mediation and Arbitration Commission (CMAC) as a dispute in terms of Part VIII of the Industrial Relations Act No.1 of 2000 as amended,” read the judgement in part.

Nkonyane noted that to set aside or declare the dismissal irregular and ultra vires to the Employment Act as asked by ‘Chaka Chaka’ in his prayers, there must be a finding that the dismissal was unfair. The proper route according to the court was for ‘Chaka Chaka’ to report the dispute to CMAC.
The court also gave ‘Chaka Chaka’ the green light to report to CMAC if he was not happy with the decision to dismiss him, either because the pre-dismissal procedures were not followed or because substantively, the commission of the offence was not proved.   Matsapha face Young Buffaloes in tomorrow’s crunch SwaziBank Cup final at the Somhlolo National Stadium.

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