IT’S VICTORY FOR MASHUMI!

MBABANE – The long standing legal fiasco between the National Football Association of Swaziland (NFAS) and its vice president Mashumi Shongwe has ended in victory for the latter.

High Court Judge Sipho Nkosi ruled in favour of Shongwe to freely contest tomorrow in the NFAS electoral General Assembly scheduled for Sibane Hotel. The judgment was made just before noon yesterday and Shongwe will now battle incumbent Adam ‘Bomber’ Mthethwa and Timothy Shongwe for the highest football seat in the land.
“Prayer 3.2 is hereby granted and the applicant must participate freely in the elections,” said Nkosi in his ruling.

In prayer 3.2, Shongwe through his lawyers from SK Dlamini and company wanted ‘the Respondents (NFAS) be ordered to include Applicant (Shongwe) in the list of nominated candidates to participate in the General Assembly Meeting of the 25th June 2017, and be eligible to be voted for as was nominated to contest the Presidential position.’

Judge Nkosi admitted that the issues are more complex but as per rules of the court, the applicant be allowed to be voted for, granting Shongwe’s prayers specifically for the elections.  
In an urgent application on Wednesday before the High Court, Shongwe said following the NFAS notice to appeal Judge Ticheme’s judgement on Shongwe’s ban from football last week, he wants the court to allow the verdict to stand pending the appeal.

In his prayers, Shongwe said following that the NFAS which is the second respondent in the matter, had issued a notice for Sunday’s elective Annual General Meeting he sought the court to issue an interim order allowing him to stand for the elections.

The NFAS had disqualified Shongwe from among the candidates pending the outcome of his High Court case, which he later won.
“This Honourable Court has issued an order setting aside 1st Respondent’s (NFAS Appeals Board) decision of banning Applicant (Shongwe) and thus is a seeking leave to execute the order pending the appeal.

Any redress in future will be academic as Applicant would have already been left out in the elections process as Respondent’s had noted an appeal which is effectively running counter to Applicant’s rights,” reads Shongwe’s founding affidavit.

The NFAS argues that its constitution bars the taking of football matters to courts due to the peculiarity of football administration and the spirit of football.

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