RELEGATED ‘WESLIANS’ MULL OVER CAS INTERVENTION

MBABANE – “We are definitely taking the matter further.”

These were the words of Manzini Wanderers Governor Bongani ‘Bhanyaza’ Mdluli, when reacting to the Eswatini Football Association (EFA) Appeals Board ruling. The ‘Weslians’ ran to the Appeals Board after the EFA Disciplinary Committee (DC) dismissed their protest case, which they lodged against Denver Sundowns Captain Jimoh Moses. The protest was lodged before the hub giants’ relegation six-pointer, which was played at Somhlolo National Stadium, during the last match of the season in May. Wanderers claimed Moses was a defaulter, as his work permit had expired.

It was a double blow for the Mlamuli ‘Mlaba’ Nkambule-captained outfit, as the EFA Appeals Board through, Chairperson Derrick Jele, also dismissed their case. The ruling by Jele and his panel automatically sent Wanderers down to the MTN National First Division together with rivals Sundowns. Mdluli was not happy about the outcome of the case. He said it (case) was clear that the former Mbabane Highlanders defender had no work permit during their league clash on May 19, 2024. He said the ruling had surprised them and they were definitely going to report it to higher football bodies soon.

“Even FIFA can be surprised that we allow foreign players to play without a valid work permit. We are going to take the matter to the Court of Arbitration for Sport (CAS),” Mdluli said.
CAS is an international body established in 1984, to settle disputes related to sport through arbitration. Its headquarters are in Lausanne, Switzerland. Generally speaking, a dispute may be submitted to the CAS only if an arbitration agreement between the parties specifies recourse to the CAS.

Serious

He also said they were very serious about the ruling of the case and they would not allow football matters to be manipulated. “An Immigration Act was violated in this matter,” he added.
Meanwhile, the Appeals Board when handing down their ruling found that there was no breach of the Compliance Manual of the Premier League of Eswatini, which was quoted by Wanderers. The article that was referred to in the manual was clear that it was in relation to the conclusion of an employment contract with the player and his registration with the EFA. The work permit was required for the registration of the foreign player together with his contract of employment. It stated that it was then, that the player was issued with a valid registration licence to play in the league. The manual does not make any provisions that the player should then produce the work permit on match day.

Breach

“Accordingly, we find that there was no breach of the manual by the respondent (Sundowns). We reject the contention by the appellant that the manual requires a player to have a work permit on match day. The requirement for a work permit is at registration. There are no allegations that the concerned player here did not have a work permit at registration,” reads part of the ruling. On the other hand, Wanderers’ lead counsel in South Africa’s Advocate Norman Arendse, also said his client was not happy with the ruling and they might explore other forums such as the International Federation of Football Association (FIFA) or the CAS.

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