MYENGWA SUES EFA E10M

MBABANE - Former Director of Coaching Myenga Macuba Sibandze is now suing the EFA a sum of E10 million.
Sibandze claims that the aforementioned amount is in respect of consequential damages he allegedly suffered in the hands of the Eswatini Football Association (EFA).

Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation.

Other defendants in the matter are EFA President, Adam Mveli Mthethwa, Timothy Shongwe and Welile Mabuza.
In his particulars of claim, Sibandze submitted that during the month of August 2000, he concluded a fixed-term of contract of employment with the EFA. He said in terms of the contract, he was employed as director of coaching for an initial period of two years from August 1, 2000 to July 30, 2002.

According to Sibandze, the fixed-term contract was tacitly renewed until it was materially breached by EFA on March 3, 2005 by unlawfully dismissing him from its employment.

He claimed that the breach of the fixed contract was found to be unlawful by the Industrial Court of Eswatini on October 14, 2016.
Sibandze averred that as a direct result of the defendants’ unlawful act, he suffered consequential damages in the amount of E10 million.

Argued

He claimed that he lost opportunities to attend FIFA instructor courses, inter alia Futuro III, which was the final phase. Sibandze argued that the abovementioned course would have enabled him to become a FIFA and CAF instructor, having done Futuro I and II.

“Plaintiff (Sibandze) was humiliated and embarrassed both in private and in public and his reputation, dignity and esteem, in which he was held by his family, local and international colleagues and the general public was diminished,” reads part of Sibandze’s particulars of claim.

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendants are yet to file their papers.
Sibandze went on to inform the court that he allegedly suffered loss in that the award by the Industrial Court of E500 000 had a future value of E2 032 454 equating the buying power to the Lilangeni,

He contended that the loss he purportedly suffered was foreseeable and within the contemplation of the parties herein when the fixed-term contract of employment was concluded.

The plaintiff pointed out that at all material times hereto, Mthethwa, Shongwe and Mabuza were office bearers and authorised signatories of EFA and they acted within the course and scope of their capacities. Sibandze informed the court that, Mthethwa, Shongwe and Mabuza were allegedly informed of the possible unlawfulness of the termination of his contract but they reportedly insisted that it should be ended.

He contended that in the premises, the defendants were liable to him for the consequential loss suffered in the amount of E10 million jointly and severally.
“Wherefore plaintiff claims; as against all the defendants, jointly and severally, one paying the other to be absolved, payment of the amount of E10 million plus interest thereon at the rate of nine per cent per annum from date of issue of the summons,” concluded Sibandze in his summons against EFA. The matter is still pending in court and appearing for Sibandze are lawyers from T.L. Dlamini and Associates in Mbabane.

Entitled

Meanwhile in the judgment of the Industrial Court that was delivered on October 10, 2016, Judge Nkosinathi Nkonyane found that Sibandze was entitled to be paid salaries up to July 30, 2006.
The judge said he did not think that it would be proper to order EFA to pay for the other benefits like car mileage, periodic car services and petrol limit because those were dependent on Sibandze having actually travelled and incurred expenses for which he was compensated.

It was the court’s observation that from March 4, 2006 up to July 30, 2006, Sibandze had been dismissed, so he did not travel in his motor vehicle to carry out any work for EFA. In this matter, Sibandze had no legal representative.

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