As the PSL disciplinary committee (DC) is racing against time to conclude the case against Monde Mphambaniso, whose registration is in question, his team Marumo Gallants could be counting on a precedent from three years to remain in the elite league.
In 2022, Golden Arrows were found guilty of fielding a defaulter, Simo Mbhele (now known as Luthuli), but the club did not have any points deducted.
Arrows had fielded Mbhele in seven league games, despite him not having an international transfer certificate (ITC). Then, PSL prosecutor Zola Majavu said docking of points "would be inappropriate", instructing both parties to only pay for the costs of two sittings.
Marumo, who finished 10th in the Premiership last season, will hope they have similar luck, as even Cape Town City won an arbitration award that the Western Cape side hope would reinstate them in the PSL at the expense of the Bloemfontein-based side.
In what could be further bad news for Gallants, sports lawyer Mandla Tshabalala has warned the precedent set in the Arrows case might not necessarily be helpful in the Mphambaniso matter, saying all the powers rest with the DC to either impose a point forfeiture or monetary fine.
"Previous cases won't necessarily influence the PSL DC's verdict. There's a rule that says it becomes a discretion of the chairperson of the DC to either order a forfeiture of points or impose a fine. It's difficult to pre-empt what will happen, but the law allows for forfeiture or a fine,''he said.
On Monday, City – who were relegated last season after losing the playoffs – won the case at Safa's arbitration after they had alleged that, by playing Mphambaniso in 26 league games last season, Marumo violated Rule 31.8.9.3 of the NSL handbook, which requires a clearance certificate to be submitted to the league in cases where a player has previously been registered as a professional with a member club.
Safa's arbitration ruled that PSL DC should initiate an investigation into the player's eligibility. Mphambaniso, 26, was previously with Marumo when they sold their second-tier status to Leruma United last year to buy Swallows' topflight status.
Leruma should have issued Mphambaniso with a clearance to remain with Bahlabane Ba Ntwa. It is unclear when the case would be resolved, with the official season getting under way this weekend with the MTN8 The Premiership kick-off is next weekend, when Marumo are set to face Richards Bay.
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