VICTORY FOR PLE!

MBABANE – The High Court of Eswatini has ruled in favour of PLE in the marathon relegation case.

Over two months ago, Rangers and Milling Hot Spurs ran to court to challenge their relegation from the Premier League to the National First Division. The duo was among the quartet comprising Tinyosi (now Ezulwini United) and Malanti Chiefs that was relegated from the Premier League to the country’s football second-tier. The Premier League of Eswatini (PLE) issued two sets of rules for the 2021/22 campaign. The first set of rules was withdrawn. They erroneously cited that two, instead of four teams, would be relegated. The correct set of rules were then sent to the teams. Before the start of the current campaign (2022/23), Rangers and Milling Hot Spurs, who were the best finishers among the bottom four, ran to court seeking an order reversing their relegation.  

Initially, the applicants, who have now played four games in the National First Division, had six prayers. However, when the matter was heard early last month, their legal representative Mduduzi ‘Tsotsi’ Mabila informed the court that they would pursue prayers two and four. It was through these two prayers whereby they were seeking an order reviewing and setting aside the decision by the respondent (PLE) to relegate them from the top division. They sought an order declaring that the decision to relegate them was not in accordance with the rules and regulations. The matter was before Judge John Magagula who, after hearing both sides, delivered his judgment yesterday.

Amended

In their answering affidavit, the PLE had maintained that the rules and regulations that were annexed to the founding documents were not the ones under which the 2021/22 season games were played. The elite football office had further maintained that the applicants were fully aware of the amended rules. In his verdict, the judge highlighted that the applicants did not challenge the authenticity or competency of the second set of rules. In fact, the judge highlighted that they did not mention the second set of rules at all. “They (applicants) paint a picture that the rules annexed to their founding affidavit constitute the only set of rules governing the games. It is my view that this is a classic example of an abuse of court process,” said the judge.

In his ruling, Judge Magagula stressed that there was no doubt that the applicable rules and regulations were the ones issued to the teams on November 12, 2021. Under those rules, four teams with the least number of points were to be relegated to the National First Division at the end of the 2021/22 season. “The applicants formed part of such teams and were, therefore, correctly relegated,” ruled the judge. As a result, the two teams’ application was dismissed with costs. They were ordered to pay the costs of the application. Notably, while the matter was ongoing, both Rangers and Hot Spurs honoured all their four opening games in the National First Division. After four rounds of matches, leaders Rangers boast a flawless record with 12 points. Hot Spurs, on the other hand, are third with eight points. They are also unbeaten so far, thanks to their two wins and the same number of draws.

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