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Legal View On Chiefs Saga: The Biggest Headache Is...

Legal View On Chiefs Saga: The Biggest Headache Is...

Attorney Mandla Tshabalala has suggested the football fraternity is likely to see another delay in the conclusion of the Premier Soccer League after papers were lodged at the High Court last week in an ongoing case.

Following the decision by SAFA arbitrator Nazeer Cassim SC that Kaizer Chiefs be allowed to replay their two DStv Premiership matches against Cape Town City and Golden Arrows, which they had missed because of a Covid outbreak in December, the League has since asked the court to review it and have the award set aside!

"My view is that the PSL's biggest headache could still be the Royal AM case that is currently at the Court of Arbitration for Sport. It's possible they could use Cassim's ruling to strengthen their own case because they were denied promotion," said Tshabalala in reference to the Durban outfit's fight to be declared the 2021/22 GladAfrica Champions.

Royal AM bought the status of Bloemfontein Celtic instead to be able to campaign in the DStv Premiership this season.

"Polokwane City suffered the same fate last year, but Chiefs have now escaped that. I think it's only right and fair then that the PSL takes this matter on review at the High Court. What is even more interesting is that one arbitrator (Hilton Epstein) ruled the one way, and Cassim also came to a different conclusion. Royal AM can argue the cases are similar and demand automatic promotion," Tshabalala explained.

"That's a big mess, and we all know that MaMkhize (Royal AM owner Shauwn Mkhize) doesn't back down. The first thing Chiefs should have done is try set aside the resolution taken by the League, but how do you do that when you are a member club who was in favour of that same resolution?"

Chiefs were also charged by the prosecutor Zola Majavu last week for fielding two ineligible players in Aden McCarthy and Mduduzi Shabalala, and the likely punishment could mean the docking of points in that one match.

The fixture against Sekhukhune United is one of the games Amakhosi had to honour during that Covid saga in December, so will it have any influence on the High Court matter?

"I don't think it will be that complicated as these are two separate matters. But the two defaulters could have been registered at any time, that's what Chiefs should have done when it was clear that the squad would be thin," Tshabalala added.

"The decision will be up to the PSL disciplinary committee."    

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