Times Of Swaziland: APPEAL SIMANGA CASE - LEGAL TEAM

APPEAL SIMANGA CASE - LEGAL TEAM
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BY THEMBA ZWANE on 14/09/2020 07:19:00


MBABANE – They are weighing their options.
This is after the Premier League of Eswatini (PLE) has been advised to appeal
their matter against former Chief Executive Officer (CEO) Simanga Nhleko.
After a two-year court battle, Nhleko managed to win his case against his former
employers.
Acting Judge of the Industrial Court of Eswatini, Banele Ngcamphalala, ruled in
favour of the former PLE CEO weeks ago.
The former elite league referee had taken the organisation to court for unfair
dismissal and besides compensation; he was also seeking reinstatement to his
position as stated in his court papers.
judgment
Delivering his judgment a while ago, the judge ruled that the PLE should pay
Nhleko E672 000, who left the organisation under unclear circumstances after his
contract was abruptly terminated.
Meanwhile, it has transpired that the executive committee’s legal counsel has
given advice that the organisation appeal the Industrial Court ruling.
As per the procedure, if the PLE decides to appeal the matter, they will appeal
at the Industrial Court of Appeal.
During their Annual General Meeting (AGM) at the Happy Valley Hotel on Saturday,
incumbent Chairman Peter ‘Touch’ Magagula, during his address told Board of
Governors (BoGs) of the advice from their legal team in the case of the former
CEO.
Magagula said one other topical issue has been that of the former CEO, which he
liked to touch on briefly. He said it was an issue which has since been
finalised in court.
The chairman said the former CEO challenged the decision of the executive
committee to revoke his offer of the contract of employment and the court
decided to issue in his (Nhleko) favour.
“However, our legal counsel has prepared a report and opinion on the pros and
cons of lodging an appeal. We have been advised that prospects of success on
appeal are favourable but the executive committee is still to conclude the
matter of whether to appeal or to settle the matter,” said the chairman.
establish
In this regard, Magagula said they therefore sought governors’ understanding
as they finalised this matter and try to establish a solid secretariat of the
PLE.
In this matter, Nhleko was represented by Meluleki Ndlangamandla of M.L.K
Ndlangamandla Attorneys while Velaphi Dlamini of VZ Dlamini Attorneys
represented the PLE.
On another note, the PLE had to hold elections to usher in a new executive
committee on Saturday but they were postponed to this coming Saturday to conform
to COVID-19 regulations as the meeting had elapsed the two-hour stipulated
period for meetings of this nature.