COURT DISMISSES AE’S APPLICATION FOR MUZI

MBABANE – The High Court of Eswatini has dismissed with costs Athletics Eswatini’s (AE) application to interdict Manzini Athletics Club (MAC) Coach Muzi Mabuza from attending their events for five years.

AE also failed to get an order that would restrain Mabuza from mobilising AE’s officials and athletes to abstain from participating in any sporting events of the association. This is according to a judgment delivered by Judge Bongikhosi Magagula yesterday after the application was heard last month. The matter involved AE as an applicant, while Mabuza was the first respondent with the national commissioner (NATCOM) of Police and the attorney general (AG) were the second and third respondents respectively.

Failed

“The applicant (AE) has not satisfied the court that the first respondent (Muzi) breached its previous ruling. The applicant has failed to demonstrate that the first respondent participated as an athlete in the cited incidents,” reads the judgment.It is further stated that the disciplinary committee ruling did not declare that Mabuza should not attend AE’s events. It is said the ruling clearly states that he is suspended from participating. “The applicant did not participate in all the alleged events, but was only present. He can, therefore, not be said to have violated the terms of suspension,” stated the ruling.

Board

The move to run to court was also said to have not been approved by the AE board. “The respondent (Muzi) successfully challenged the authority of the applicant’s (AE) president to institute legal proceedings on behalf of the applicant. “The applicant’s failure to rebut the claim that the executive board resolution authorised these proceedings is fatal to the application. Without proper authorisation, the applicant lacks standing to seek any relief from this court,” reads an extract from the judgment papers. The judgment further stated that AE failed to provide corroborating affidavits or other evidence to support allegations of disruption, rendering the request for an interdict unsustainable.

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