KOLA FLIES WITH THE ‘BIRDS’

MBABANE – The High Court has cleared Nigeria-born forward Aladeon Kola to Mbabane Swallows pending a determination of an appeal by Manzini Wanderers.

The capital city giants ran to court seeking special leave to execute the ruling of the Players Status Committee (PSC), which gave them a go ahead to register their target. The decision of the PSC was immediately appealed by Wanderers at the Court of Arbitration (CAS) over three weeks ago. 

The matter, which dragged for over four hours, was before Judge Dorris Shabalala yesterday and ruled in favour of the applicants (Swallows) pending the appeal at CAS.

In her ruling after strong arguments from both parties, the Judge released the player to Swallows for the period of the engagement (June 1, 2018 to August 31, 2018) pending Wanderers’ appeal with CAS.

The Judge further ordered the Eswatini Football Association to register the player so that he can play for the red and white ensemble.
“The Court makes no finding regarding the validity or otherwise of the contracts concerning the second applicant (Kola).

This is properly the task of an appeal body on that matter,” ruled the Judge. Just after the verdict had been delivered, Wanderers, through prominent lawyer Bongani ‘Bhanyaza’ Mdluli, had sought clarity if the player was released only for the duration of the contract and the Judge responded to the affirmative.

arguments

During the arguments, Wanderers had challenged the court’s jurisdiction over the matter, arguing that the urgency was self-created and available remedies in football had not been exhausted. They further argued that the player could be lost for good, as the applicants were given first preference in negotiating a contract extension.

Swallows, who were represented by equally famous lawyer Zakhele Dlamini, had punched holes on Wanderers’ CAS appeal, saying it was supposed to be made through FIFA not CAS, but the Court made no ruling on jurisdiction of the latter.

Reasons for the ex-tempore judgement, according to the Judge, will follow. An ex-tempore, according to Wikipedia, is handed down straight after hearing of the case. Costs of the judgement were granted against Wanderers.

In reaction, Mdluli said he was relieved that the player was only released for the three-month period, but said he was still to consult with his clients on the way forward.

In reaction to the verdict, Swallows General Manager Sandile Zwane said football was the winner and the team was working around the clock to register Kola for Friday’s showdown with Tunisia’s Etoile du Sahel in a CAF Champions League. Swallows will leave today to connect a flight in Johannesburg at 7pm. They will go via Dubai and reach their final destination tomorrow. The game will be played at 8pm and will be manned by officials from Senegal.

Zwane said the team was upbeat ahead of the trip and the practice matches against South Africa’s Polokwane City over the past weekend were helpful. Swallows drew two of the matches and lost 0-1 in the other.  “We’re ready for the game, watch this space,” said Zwane.

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