Northern Cape Pros Football Club v South African Football Association, NC and Others

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: MC Mamosebo J
• Judgment Date: 15 June 2022
• Docket Number: 994/2022
• Hearing Date: 21 May 2022
• Court: Northern Cape Division
• Citation: 2022 JDR 1991 (NCK)

REASONS FOR JUDGMENT:

Mamosebo J:

[1]

This matter came before me as an urgent application on a certificate of urgency by Mr Craig Cothill for the applicant, who could not appear on Friday afternoon, 20 May 2022, because he was in self- isolation. Mr MA Dhlamini of MF Jassat Dhlamini Inc appeared instead. I was not persuaded that proper service on the respondents has been effected and that it be done. All the respondents were duly served later that same evening and the application was heard the following morning, Saturday 21 May 2022 at 10:00. Having

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REASONS FOR JUDGMENT

heard argument I dismissed the application with no order as to costs and reserved the reasons which now follow :

[2]

The relief sought by the applicant Football Club was the following:

"2.

That the play-off match between the second [Upinton City FC] and [Real Madrid FC] third respondents scheduled for Sunday 22 May 2022 in the ABC Motsepe League is postponed pending finalisation of the following:

2.1

Reviewing and setting aside the first [SA Football Association] and fourth [SAFA House] respondents' decision to:

2.1.1

refuse to hear the applicant in terms of article 109 of the SAFA Disciplinary Code; and

2.1.2

schedule the play-off match between the first and second respondents to take place on 22 May 2022.

2.2

The first and fourth respondents hearing the applicant in accordance with article 109 of the Disciplinary Code and employing the mechanisms set out in articles 110 to 115 to determine:

2.2.1

if the second respondent's fielding of an ineligible player on 29 January 2022 in a football match against Olifantshoek Young Stars Football Club is incompatible with the regulations of SAFA; and

2.2.2

If such conduct is found to be incompatible with SAFA regulations, what the sanction ought to be;

2.2.3

Which teams should compete in the abovementioned play-off and when that play-off should take place.

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REASONS FOR JUDGMENT

3.

Costs of suit in the event of opposition.

4.

Further or alternative relief."

[3]

The applicant, Northern Cape Pros FC, is a soccer team and a member of the Northern Cape Professional Football Club affiliated to the South Africa n Football Association (SAFA). It is seeking to review and set aside the decision by the South African Football Association, Northern Cape and SAFA House, in refusing to conduct a disciplinary enquiry invoking article 109 of the SAFA Disciplinary Code; and stopping the play-off between Upington City FC and Real Madrid FC in the ABC Motsepe League scheduled for Sunday 22 May 2022, pending the outcome of the enquiry.

[4]

The first respondent is South African Football Association, Northern Cape, (SAFA, NC) a member of SAFA with its place of business at 2522 Kameeldoring Street, Keimoes. The second respondent is Upington City FC, a voluntary association and a soccer team competing in the ABC Motsepe League, Northern Cape. The third respondent is Real Madrid FC also a voluntary association and a soccer team competing in the ABC Motsepe League. The fourth respondent, SAFA, governs and regulates professional football in South Africa.

[5]

Upington City FC and Real Madrid FC all compete in the ABC Motsepe League in the Northern Cape. The league comprises two streams with nine teams each. The winner in each stream will earn a spot to compete and determine the Northern Cape overall winner. SAFA identified Upington City and Real Madrid as the winners of their respective stream and scheduled their play-off match for Sunday, 22 May 2022, to determine the champion of the League. This forms the main thrust of Northern Cape Pros FC's complaint maintaining that it

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REASONS FOR JUDGMENT

ought to have been itself instead of Upington City competing in the play-off.

[6]

The facts are not complicated. On 29 January 2022 Upington City fielded an ineligible player in a match against Olifantshoek Young Stars FC. SAFA, Northern Cape, lodged a misconduct complaint against Upington City couched in the following terms:

"On or about 29 January 2022, the respondent [Upington City FC] contravened the provisions of Rule 26.1 and 26.4 by fielding the suspended player to wit Philane Gumede, My SAFA No. 00F3D, with Jersey No.17, during and under Fixture No. 44, (Upington City FC v Olifantshoek Young Stars).

[7]

The disciplinary hearing was chaired by Mr Moetleetsi Mogwera on 19 February 2022. Upington City FC pleaded guilty to the charge and SAFA accepted the plea and a verdict of guilty was returned accordingly. The following sanction was imposed on the same day:

7.1

that in terms of Rule 19.11.8 of the SAFA Competitions Uniform Rules, the Upington City forfeit three points won under the match number 44: Upington City FC v Olifantshoek Young Stars;

7.2

Upington City to pay a fine of R5,000.00 (Five Thousand Rand) towards the costs of the Disciplinary Committee within thirty days of the finding and order;

7.3

that player Philane...