LAWYER JELE EXPLAINS RECUSAL

MBABANE – The Eswatini Football Association (EFA) Appeals Board chairperson Derrick Jele, has come out to explain the reasons behind recusing himself from the ongoing Manzini Wanderers appeal case.

The maroon and white hub giants, through their representatives in Mduduzi ‘Tsotsi’ Mabila, Sifiso ‘Charlie’ Jele and Governor Bongani ‘Bhanyaza’ Mdluli, requested that the chairperson removed himself from the appeal case, which was before him last Tuesday night, at the Sigwaca House. Wanderers moved an application for the recusal of Jele, on the alleged basis that he would not bring an impartial mind to bear on the matter.

The maroon and white hub giants alleged that Zakhele Dlamini signed an affidavit on behalf of a client of Robinson Bertram Attorneys, where Jele is a partner. The client of Robinson Bertram is Athletics Club. It was also alleged that Jele signed the court papers in that matter, which is against a certain official in the Athletics Club.The chairperson confirmed signing the court papers in the matter on behalf of Emmanuel Shabangu, who is a professional assistant at the law firm. It was then alleged that based on the relationship the law firm had with Dlamini, who is the legal representative of Denver Sundowns, there was reasonable apprehension on the part of the appellant (Wanderers) that Jele would not be impartial on the matter. It was against that background that Wanderers then seek the recusal of Jele in the matter.

Independent

Jele then cited Section 21 of the Constitution, which provides that a person has a right to appear before an independent and impartial adjucating authority.“This is what I understood was the basis of the appellant’s application for my recusal. The rule on recusal is now well-established that a person is disqualified to sit in a matter where he may have direct interest or some other interest, which may cause him not to bring impartial mind to bear in the determination of the matter,” Jele said. He also highlighted that in case where it was alleged that there was an apprehension of being biased, that on its on was not enough. “The apprehension must be based on reasonable grounds. The application against my recusal was not based on actual bias, but there is an apprehension of bias,” he said.

Conflicted

It is worth mentioning that the reason Wanderers felt Jele was conflicted in the case was due to the fact that Denver Sundowns representative Dlamini, is the President of Athletics Eswatini (AE). The case was done visually, as Dlamini is currently in France for the 2024 Paris Olympic Games, as the Chef de Mission for Team Eswatini.Jele, alongside with his panel after an about five minute’s deliberation on him recusing himself from the case, declined Wanderers’ request. The appeal case was then postponed to next week Tuesday at the same venue and will start at 5:30pm. It will be visually again, as Dlamini is expected back in the country on August 13, 2024.

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