The SA Football Association may have been in contempt of court by pushing ahead with the ABC Motsepe playoffs last week, even after a judge had granted protesting teams a temporary relief for the matches to be halted.
But Safa’s competition committee chairperson, Kwenza Ngwenya, has insisted the association wasn’t guilty of contempt of court because he said the association did not receive the interdict.
East London high court judge Thembekile Malusi ruled that the games be halted after Sinenkani FC filed an application challenging Safa’s decision to exclude them from the playoffs, which determined three teams promoted to the national first division.
“Ours was to make sure that the games were played as arranged. There was no court interdict that we were served with,” Ngwenya told Sowetan.
Sinenkani and Limpopo’s Mpheni Home Defenders were kicked out by Safa pending disputes with rival teams in their provinces.
“We’re not in contempt of court at all,” Ngwenya insisted.
“A court interdict is something that must be handed over by a sheriff, and that didn’t happen, so there’s no wrongdoing on our side.”
Sowetan saw judge Malusi’s judgment, showing Sinenkani as the first applicant, joined by the Northern Cape side, Juventus. Aggrieved Juventus joined Sinenkani in court after being eliminated by losing their first game, feeling it was unfair to be kicked out after just one match.
“It’s ordered that the Safa national playoffs fixtures scheduled for 6pm on 5 July and 6 July, shall be stayed pending the finalisation of the cases under the above-mentioned case numbers,” Malusi’s judgment read.
But Safa seemingly ignored the ruling and went ahead with the play-offs. Gauteng’s Gomora United went on to be crowned champions of the third-tier division after beating the Bees of Mpumalanga in the final. KZN’s Midlands Wanderers finished third, and all three teams earned promotion into the NFD – SA's second-tier.
Let’s say they declare the playoffs null and void; what’s going to happen to us?
— Joe Seanego, Gomora chairperson
The possibility of the playoffs being declared null and void based on Judge Malusi's ruling is giving Gomora chairperson, Joe Seanego, sleepless nights.
“It’s a very concerning matter; you can’t have a peaceful sleep,” he said.
“I pray that the status quo remains because we worked hard for this. Let’s say they declare the playoffs null and void; what’s going to happen to us? I’ve already lost players to Premiership teams and others are injured, so we can’t afford a replay.”
Attorney Kabelo Mashigo highlighted that Safa violated the court order, but said they’re likely to get off the hook as the matter was “academic” now.
“Safa, as respondent number one, were in violation of the court order,” he said. “But it’s now a moot point, it’s academic. The winners are already decided and that’s it. You can’t go back in time and change what has happened, so I think nothing will happen to Safa.”
Sports lawyer Mandla Tshabalala said: “Safa shouldn’t have proceeded with the semifinals and the final. They are in violation, so those matches that were played after the order are null and void.”
SowetanLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.