COURT DISMISSES CITY CASE, CLUB APPEALS

MBABANE – “Is this a real dispute?” This is the question that was posed by Judge Mumsy Dlamini yesterday at the High Court before she dismissed Mbabane City’s urgent application.

However, the club was quick to file a notice of appeal in which they stated reasons will follow once the written High Court verdict was available.
Both respondents, the Eswatini Football Association (EFA) and the Premier League of Eswatini confirmed receipt of the appeal notice papers.

Back to the initial case, City, who are formerly known as Mbabane Midas City, had filed an urgent application with the court seeking an order suspending their opening National First Division League fixture against Tambankulu Callies tomorrow at Prince of Wales Ground.
They further sought an order to have their Premier League status retained until the Eswatini Football Association finalised their pending relegation and promotion issue emanating from the 14-team league.

In this matter, City were the applicant, while the EFA and PLE were the first and second respondents respectively. City were represented by Thabiso Fakudze of Fakudze Attorneys, the PLE represented by Mduduzi Mabila from MLK Ndlangamandla Attorneys and the EFA had TZD’s Zakhele Dlamini from Dlamini Kunene Associate.

The judge dismissed the matter with costs after satisfying herself there was no dispute here, even sounding it out as she asked if there was any dispute in the matter.
In its court papers, the second respondents, through its attorney, stated that the applicant was made aware of its relegation on August 2, 2018 which is six weeks back but nonetheless, did not take up the matter with the court and instead elected to sit on its laurels.

The second respondent further argued that the applicant had failed to demonstrate that the court has jurisdiction to interfere with internal operations of an organisation as it merely concerned itself with the allegation that the cause of action arose within the court’s jurisdiction.
Also, the second respondent argued that the applicant partook in the 2017/18 season despite arguing that it was illegitimate.

It was also argued that City initiated the complaint after having played four games of the league last season without accumulating a single point and finished the league with just four.
“The applicant participated and fully agreed with the resolution taken in May 2017 and it was represented by its then Chairman Peter Thabo Magagula, who was at the time a member of the Executive Committee of the second respondent and now chairman,” submitted Mabila.

The attorney added that in August 2017, the PLE held its AGM where the decision of May 2017 was reaffirmed and the applicant was represented by Polycarp Dlamini, who was the applicant’s chairman.

The first respondent, through its attorney, argued that in terms of Article 67 of the EFA Constitution, the applicant is precluded from bringing this type of an application before the court.
The attorney submitted that the applicant had not established compelling factors which necessitate the intervention of the court despite the provisions of article 67.

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