Times Of Swaziland: WANDERERS HAVE NO RIGHT TO BE HEARD - SUNDOWNS

WANDERERS HAVE NO RIGHT TO BE HEARD - SUNDOWNS
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Machawe Fakudze on 18/09/2024 15:40:00


MBABANE – New twist!
This is the latest development in the marathon court case between Manzini
Wanderers and city rivals Denver Sundowns. The latter has questioned the right
to appear in a court (loci standi)by the former in the matter to be heard today
at the High Court of Eswatini before Judge Bonginkosi Magagula. A loci standi is
the right to appear in a court or before any body on a given question; it is a
right to be heard.
The maroon and white hub giants lodged a protest over Ikappa Kappa Captain Jimoh
Moses, alleging that he had no valid work permit. This happened during their MTN
Premier League relegation six-pointer which was played at the Somhlolo National
Stadium, in May. Both teams were hauled before the Eswatini Football Association
(EFA) Disciplinary Committee (DC), which ruled in favour of Sundowns. The ruling
by the Thulani Sibandze-chaired committee did not sit well with Wanderers and
they took it to the EFA’s Appeals Board, which also dismissed the case.
The Mlamuli ‘Mlaba’ Nkambule-captained side were then forced to run to the
High Court seeking its intervention on the matter. They also sought that the
High Court stop the deliberation of the relegation item during the Premier
League of Eswatini (PLE) Annual General Meeting (AGM), which was held at Sigwaca
House. They were granted their wish but the matter is pending and will be heard
today. A source close to Sundowns revealed that the Siyabonga Bhembe-led side
had filed an answering affidavit, through the office of the Chief Executive
Officer (CEO), Elvis Dube, who submitted that the applicant (Wanderers) failed
to describe itself in the founding affidavit.
“The Applicant has not even attached any documentation establishing them, from
which the court can possibly glean the legal status of the Applicant. Thus, this
application stands to be dismissed because of lack of description of the
Applicant and effectively non-establishment of its locus standi in judicio,”
reads part of the answering affidavit. Sundowns also highlighted that the notice
of motion was not signed by the applicant or a legal representative thereof and
as such, the applicant is irregular.
“Therefore may it please the Honourable Court to uphold the points of law
raised and dismiss the application with legal costs at attorney and own client
scale,” concluded the answering affidavit. Meanwhile, one of Wanderers’
legal representatives said they knew of Sundowns filing the answering affidavit.
“We are aware of that issue and we have filed a reply on their answering
affidavit,” the Wanderers legal representative briefly said.