SUPREME COURT REJECTS ‘WESLIANS’ BID TO STOP GAMES

MBABANE – Another twist!

This is the story of the relegation battle involving Manzini Wanderers and city rivals Denver Sundowns. Wanderers had filed a counter-application at the Supreme Court, seeking an order stopping the Premier League of Eswatini (PLE) from continuing with all top division games pending the finalisation of the matter.While Wanderers are the first respondent, the PLE is an applicant in the original matter pending at the Supreme Court. The latter challenged the High Court of Eswatini’s decision to issue an order instructing the football bodies to include Wanderers in the Premier League programme. Pending the finalisation of the PLE appeal, Wanderers demanded the freeze of all Premier League games through their counter-application.

According to legal experts, a court counter-application is a new bid filed by a respondent against an applicant or another party in a court proceeding. The purpose of a counter-application is to ensure that all issues between the parties are heard together, which can be the most efficient way to resolve a dispute.
The matter was back in court two days ago before Judge Mbutfo Mamba, who, according to the court papers in the possession of this publication, considered the counter-application by the ‘Weslians’.

Justification

“The first respondent (Wanderers) seeks an order that it be fixture, or included in the pending finalisation of the appeal. But such order was issued by the court a quo and is subject to an appeal to this court,” reads part of Mamba’s ruling. It went on to state that there was no justification for such an order in the circumstances and was thereby refused. “Similarly, the injunctive relief sought to restrain the applicant (PLE) from continuing with scheduled soccer matches is being made for the first time before this court. It was not sought or applied for in the Court a quo. This is a substantive Order and cannot be made for the first time on appeal,” the court papers stated.

The judge highlighted that there was merit, in his view, in the submissions by the PLE that the inclusion of Wanderers in the ongoing matches would necessarily involve the other football clubs that participate in the relevant league. “There are, according to the evidence herein, 13 such clubs and they have not been cited as parties in the counter-application. These clubs clearly have a direct and substantial interest in the matter as they would be directly compelled to play the first respondent in the event that such relief is granted,” reads an extract of the

Fatal

Mamba said the clubs ought to have been joined and such basic or fundamental failure was fatal in the counter-application.“This point applies with equal force regarding the prayer to suspend all the scheduled football games. This directly affects these teams who have been scheduled to play and have prepared themselves accordingly. To issue an order stalling their scheduled games, without affording them the opportunity to be heard before such an order was made, would be very antithesis of fair play and justice,” highlighted the papers.
The judge said he expressed no view on whether the league sponsors and match officials have a direct and substantial interest in the matter. Financial interest he thought they have. “For the above reasons the counter-application cannot succeed and is hereby rejected,” he concluded.  The PLE in the matter is represented by MLK Ndlangamandla Attorneys, while Wanderers are represented by SM Jele Attorneys.

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