‘WESLIANS’ GRANTED WRONG PRAYER - ’DOWNS
MBABANE – Another appeal against Manzini Wanderers.
This is after Denver Sundowns and Jimoh Moses, through their representative Azi Hlatshwako, filed a Notice of Appeal against the court ruling by Judge Mumcy Dlamini. Ikappa Kappa are following in the steps of the Premier League of Eswatini (PLE), which also filed an appeal, two days ago. It was reliably gathered that the PLE, through their legal representative, Meluleki Ndlangamandla, filed an appeal at the High Court, after learning about the outcome of the case, Sundowns and the PLE are reacting on Judge Dlamini’s ruling on the marathon relegation battle over Jimoh Moses’ protest. The protest was lodged in the MTN Premier League relegation six-pointer match between the two sides, which was played at the Somhlolo National Stadium, on May 19, 2024. The game was won by Sundowns with a 4-2 scoreline.
Submissions
The matter was eventually concluded, this past Saturday at midnight, after Dlamini heard the parties’ submissions on Friday, where she reserved the judgement, only to pass it the following day. The court ordered the PLE to fixture Wanderers in the ongoing MTN Premier League season. The PLE and Eswatini Football Association (EFA) were also ordered to take the necessary steps to normalise the situation. Sundowns felt that Judge Dlamini erred in law and grossly misdirected herself by issuing an order that effectively rendered the pending appeal filed on September 27, 2024, academic.
Overstepped
They stated that the judge erred in law and overstepped the permissible limits of her powers by directing the PLE and the EFA to increase the number of Premier League teams for the ongoing season. “This is the exclusive prerogative of football structures and not the High Court,” reads an extract of the papers. The papers state that the judge erred in law and committed a grave irregularity in not referring the matter back to the Appeals Board to rectify whatever she perceived as irregularities in the matter. “The learned judge a quo erred in law and misdirected herself in descending to the arena and granting Wanderers what it had not prayed for in its notice of motion. Nowhere had Wanderers prayed for a re-arrangement of the structure of the Premier League,” stated the appeal. According to Hlatshwako, the papers were served to the High Court yesterday afternoon and he was not clear on when it would be heard as there are processes to be followed.
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