‘SAMORA’ DEFIED EXCO, RUNS EFA LIKE HIS OWN
MBABANE – Eswatini Football Association (EFA) Vice Presidents Mashumi Shongwe and Steve Horton are vigorously opposing the interim order granted to President Peter ‘Samora’ Simelane.
Last Friday, Simelane approached the Mbabane Magistrates Court, where he obtained an order interdicting the pair from proceeding to write letters to him. Through their attorney, Shongwe and Horton yesterday filed their papers where they entreated the court to set aside the interim order. In their papers, they argued that the applicant (Simelane) allegedly deliberately failed to inform the court that the concerns that were raised by the respondents (Mashumi and Horton) were once submitted as an item of agenda for executive committee meeting of or about March 2, 2023 and a resolution was taken in the meeting, whereat the parties were to go and discuss the concerns outside the meeting and should they fail to amicably resolve them, then take them back to the executive committee.
Shongwe further alleged that to date they await to be invited by the applicant to a meeting so as to comply with the resolution. “There currently exist a resolution that has not been adhered to by the applicant, instead of complying with the resolution which binds him, he approached this honourable court. The applicant has further failed to disclose to this honourable court the contents of the letters he complains about and further attach those letters so that the court can be in a position to accordingly determine the harassment or attack on his personal life by the respondents.
“The applicant just made bare allegations against the respondents and the rule nisi ought not to have been granted by this honourable court,” Shongwe wrote in his papers. Shongwe also alleged that the matter was prematurely before this honourable court, as there currently existed a resolution by the executive committee which was binded before the parties which directed the parties to deal with the concerns raised and should they fail to resolve them take matter to the executive committee meeting and such has not been adhered to by the applicant. “I humbly submit that on these points alone, this application ought to be dismissed with costs at punitive scale.” Shongwe further alleged that the applicants’ failure to place before the honourable court all the necessary facts so as to make his case.
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“The applicant has deliberately failed to share with this court the content of the letters companied about that led to this application before court. All the letters that were addressed to the applicant were done so in his capacity as the president of the Eswatini Football Association (EFA) and not his personal capacity,” alleged Shongwe. He alleged that there was nothing that was said, discussed or written that touched on the personal life of the applicant or him being exposed to any form of harassment. “One then may begin to wonder as to whether the applicant treats his position as president as his personal or private life. The respondent never attacked or harassed the applicant, all that they wanted and which they still looking forward to are responses to their concerns, as vice presidents, which we raised to the applicant, who is a president,” alleged Shongwe.
He alleged that the content of the concerns did not in any way touch on the private life of the applicant. “They are just addressed to the Applicant who happens to hold the Office of the president currently. All that we complained about is the manner in which applicant performs his duties in isolation of the respondents as vice presidents, the conduct of the chief executive officer who directly reports to the applicant, EFA assets, international trips, minutes, and his attitude towards WhatsApp group for the executive committee which was created for ease of communication amongst the committee members. Clearly there is nothing from the above listed that touches on the personal life of the applicant,” he further alleged.
Meanwhile Steve Horton also concurred with Mashumi’s responding papers. “The applicant has failed to adhere to the resolution that was taken by the executive committee on or about the 2nd March, 2023. He has further failed to disclose to this honourable court that the currently exist a resolution by the executive committee.” Horton further alleged the applicant failed to reveal the contents of the letters written to him, so as to place the court in a better position to determine the veracity of the applicant’s allegations. “We have never harassed the Applicant all that we did was to raise concerns to the president, being the applicant, and we did such as vice presidents. There was nothing that we raised that attacked the Applicant in his personal or private life. The applicant has dismally failed to meet the requirement for an interdict,” alleged Horton.
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