‘Rubber’ withdraws director bid

MBABANE – The High Court of Eswatini yesterday heard an application brought by businessman and football administrator Bheki ‘Rubber’ Simelane.

Simelane is challenging what he describes as his unlawful removal from the Premier League of Eswatini (PLE) Board of Governors. Presiding over the matter, Judge Mlangeni reserved judgment after hearing detailed arguments from both legal teams. The case drew strong interest from the football community, with over 20 Mbabane Highlanders supporters filling the public gallery to give moral support to Simelane.

The matter before the court was narrow: Whether Simelane’s removal from the PLE Board of Governors was lawful and procedurally fair under administrative law.

Represented by Attorney Martin Dlamini, Simelane argued that the removal was carried out without affording him a hearing, contrary to the principles of natural justice. Highlanders are now under the directorship of South African businesswoman Shauwn ‘MaMkhize’ Mkhize.

Attorney Dlamini emphasised that there was no evidence of any formal decision by the patrons terminating his contract and that nothing in law exists to show the termination of Simelane’s rights as a governor.

“The PLE cannot simply act without following the rules,” Dlamini submitted. “No formal decision was communicated to my client. He was denied the opportunity to make representations. This is a clear breach of administrative law and due process.”

Lawyer Dlamini also clarified that Simelane had abandoned any challenge to the termination of his management agreement with Mbabane Highlanders. The only issue now before the court was whether his removal as a PLE governor complied with administrative fairness.

Emmanuel Shabangu of Robinson Bertram, representing the respondents (Chairman of Board of Patrons and Highlanders), submitted that Simelane’s role on the PLE Board was contingent on his position as a director of Mbabane Highlanders. Once he ceased to be a director, he automatically lost eligibility to serve on the Board.

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