ALLEN SIGNED FOR ‘BULL’, RECEIVED E26 650

(At the High Court of Eswatini)
MBABANE – “Why did he do that?”

This was one question High Court Judge Nkululeko Hlophe kept asking from elite rookies and second applicants Pigg’s Peak Black Swallows yesterday when hearing the matter of national team Sihlangu striker Allen Mabuza, who is first applicant in the matter against EFA and Mbabane Highlanders.

The matter was brought before the court as one of urgency with Mabuza and Black Swallows seeking the prayer that the Eswatini Football Association (EFA) Players’ Status Committee decision to suspend and order the deregistration of first Applicant from Black Swallows be set aside. They also sought on the grounds of alleged biasness that the court refers the matter back to the EFA but to an ad hoc Status Committee (new committee with open minds as opposed to the one chaired by lawyer Sipho Matse which made the ruling that the player belonged to Highlanders).

Highlanders are third respondents in the case while the EFA are fifth Respondents. Lawyer Zakhele Dlamini represented Black Swallows and Mabuza while EFA had Sidumo Mdladla. Martin ‘Internash’ Dlamini stood for Highlanders.

Judge Hlophe sought to know if referring the matter back to the EFA Committee would have any effect on the decision by the Status Committee given the fact that Mabuza had clearly signed a contract with Highlanders after returning from Black Swallows at the end of the season.

“He received a signing-on fee of E20 000, took a salary of E6 500 which is one month’s pay before deciding to upset his own decision. Why did he even return to Highlanders at the end of the season and sign a new contract?

“Ordinarily, I agree with you that I must take the matter back to the committee but only when there’s dispute or matters of football expertise but this is in black and white and speaks to the faces of the committee that made the decision.

This is a matter of law,” the Honourable Judge said in response to submissions by lawyer Zakhele, who had argued that the committee had already concluded in its mind that Mabuza was a Highlanders’ player and did not give them a chance of a hearing to put their case before them ahead of the suspension.

prayer

Zakhele further cleared it to Hlophe that their prayer was that the matter be referred back to the Status Committee but not the same officers who presided over it last time on grounds of alleged bias. Mdladla and Internash also did their best to crush this point using FIFA and EFA statutes which seemed to sway the judge’s thinking.

In the end, Hlophe felt it was vital for him to establish if Mabuza, who had for more than once failed to appear before the Committee despite evidence he was invited before suspension recommendation, had to be afforded a hearing or the suspension did not require one.

The court dealt with issues of Mabuza’s three running contracts, which Hlophe stated two were from Black Swallows while one was from Highlanders. He seemed to concur with Mdladla that of the three contracts, only the Highlanders one was legal as the other two were signed while he had a running one since 2017 with Highlanders.

That was also Internash’s strength on the issue of the contracts that no way in football statutes can the player sign a contract with another team while having a running one with another. He even alleged that Highlanders had no idea of the Black Swallows contract signed while they had one with the player from 2017.

arguments

However, he also understood Zakhele’s arguments of irregularity in the way the decision was reached as there were already some judgments and the Constitution that favoured for a hearing including the Sipho Sibandze (policeman) vs. the Prime Minister.

After hearing all sides, Judge Hlophe adjourned the matter that lasted the whole day from 9.30am until 4:45pm inside Court C but said he was going to try and give it the urgency it deserved and pass his verdict once he had done his homework on the facts presented before him. Of note is that a number of South African cases were cited by all parties including the Ajax Cape Town vs. Tendai Ndoro and also a local one between Darren Christie and Mbabane Swallows for reference.

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