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Legal Expert Weighs In After CT City Win Appeal

Legal Expert Weighs In After CT City Win Appeal

Marumo Gallants midfielder Monde Mphambaniso

The SAFA Arbitration Tribunal ruling handed down by Advocate Nazeer Cassim SC on 28 July 2025 might have thrown the PSL into potential turmoil after Cape Town City succeeded in their appeal against Marumo Gallants.

At the heart of the dispute is the registration of Monde Mphambaniso, a player whom the tribunal found had not been properly cleared by his former club – a breach of PSL registration regulations that could now carry severe consequences.

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In the wake of the judgment, legal expert Kabelo Mashigo of K4 Alchemy Consult has offered a scathing analysis of the situation, describing it as a “massive mess” and warning that Gallants could face a raft of sanctions – including heavy fines and the forfeiture of multiple league matches.

“With the order made by Cassim, especially in the case involving Cape Town City and Marumo Gallants, and the player MM, I believe it’s Monde (Mphambaniso), Cassim ruled that Monde was a player registered under Marumo Gallants’ NFD status. That’s not in dispute,” said Mashigo, speaking exclusively to the Siya crew.

“When Marumo Gallants sold their status to Leruma United and then acquired Moroka Swallows’ top flight status, a new club was effectively formed – because in football, the status is the club. So, legally, Monde should have remained with Leruma United. If he was going to move from Leruma United to the new Marumo Gallants, there needed to be a clearance issued. He also would have had to sign a new contract with the new entity.”

Mashigo pointed out that under football business practices, clubs are bought and sold as “going concerns,” meaning all employment contracts, including those of players, remain unless explicitly restructured.

“That’s why you can’t just buy a club and get rid of all the players. The rules are there to protect them.”

In this case, it would seem those rules were not followed.

“The administrators should have ensured that Monde was cleared by Leruma United, and that he was re-registered with Marumo Gallants – new contract, new registration form, new clearance certificate,” Mashigo explained. “From what I understand, the PSL’s registration department oversees this process. Somewhere along the line, either at the club or within its admin, someone made a mistake. And it was a serious error.”

In the absence of a valid clearance certificate, it would mean that the player in question was never properly registered.

“He was, therefore, ineligible to play. Every game he participated in under those conditions puts the club at risk,” Mashigo said, adding that Mphambaniso featured in approximately 25 matches.

The implications are staggering. According to league rules, each game in which an ineligible player is fielded results in a 3-0 forfeit and a minimum R100,000 fine. “That’s potentially 25 separate charges. That could mean 25 matches forfeited, with points deducted accordingly - possibly 75 points, depending on the match outcomes. And that’s a minimum of R2.5 million in fines,” Mashigo explained.

While the Disciplinary Committee may suspend part of the fine, the key issue is the points deduction – one that could alter the relegation and promotion landscape entirely.

“This situation gets even messier when you look at what happens if Marumo Gallants are charged, defend themselves, and lose. They could end up 15th on the log – since Royal AM are already relegated. But finishing 15th doesn’t mean automatic relegation – it means they’d have to go into the playoffs,” said Mashigo.

The complication? Orbit College FC have already won the playoffs, securing their place in the Betway Premiership. “Under the league’s rules, they’ve earned their spot in the Premiership and can’t be forced to replay the playoffs. Nor can they be pushed back down to the Motsepe Foundation Championship,” he argued. 

Cape Town City’s successful appeal now also places pressure on the PSL Prosecutor, who initially chose not to charge Gallants. Cassim, in his ruling, criticised this position, stating that the lack of a clearance certificate constituted prima facie non-compliance with the league’s registration rules and merited a disciplinary process – even if the player had ultimately been cleared in practice.

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Mashigo concluded, “Cape Town City is also affected, because the prosecutor is now obligated to act based on these facts. Marumo Gallants, in line with the rules, must end up in 15th place. And if you deduct 75 points – they’d have more than won the league if those points had counted the other way. So, yes, it’s a massive mess.”

With potential legal and footballing ramifications still unfolding, the ruling has opened a can of worms that may yet result in further appeals, disciplinary hearings, and possibly a reshuffling of the Betway Premiership table – just weeks before the new season is due to kick off. 

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