MBABANE – Capital city giants, Mbabane Swallows FC, are disputing the claim that the club has ever been run under the banner of a company.
This assertion was made by Swallows FC President, Absalom Ngwenya, through his attorney, Thabiso ‘Mpopoli’ Fakudze, in a matter that is still before the court. During arguments on Thursday, Fakudze told Judge Zonke Magagula that the first applicant, Mbabane Swallows F.C. (Pty) Ltd, must prove its allegation that the team belongs to the company, which is said to have been registered by the late Victor ‘Maradona’ Gamedze in December 2016.
Fakudze said the allegation has no substance, saying the team was never registered with Eswatini Football Association (EFA) and Premier League of Eswatini (PLE) as Mbabane Swallows FC (Pty) Ltd. He argued that Umkhonto KaShaka, as an association, is far older than 2016, with a history dating back to 1948, which he said the first applicant is not disputing.
The attorney said Gamedze, also referred to as ‘VG’ was recruited into the team to lead it from 2000 until his death on January 14, 2018, following a 1990 meeting that resolved to have a single directorship of the club.
Around 1991, he said the late Bheki Simelane came to the helm and ran the club until ‘Maradona’ took over. He added that, as per the constitution, an outgoing director must not abandon the club, but identify and hand it over to a new leader.
‘Mpopoli’ said they only learnt of Gamedze having registered the red and white outfit at the Registry of Companies upon his death, which they said he did without the authority of the fans. He said it was already mid-way into the season in December 2016, and the Confederation of African Football (CAF) had already closed it club licensing for documents to be altered with EFA and PLE, who are the third and second respondents, respectively.
He said this gave the company no chance of ever running ‘Birds’ in the 2016/17 season and pointed out there could have been a room for it. It was said ‘VG’ was the PLE chairman and could have exercised his powers to change legal forms.
The company, he suggested, could have been probably used to lodge forms at the start of the 2017/18. He said at the start of the 2018/19 season, Princess Lungile used the association’s constitution to register the team, what they a now dispute yet she was appointed using it.
Swallows FC questioned where the (Pty) Ltd had been for all the six years after Princess Lungile resigned in 2018 to return now. They argued that it is not even her who wants to return, but certain individuals pushing their own interests.
They cited Form J of the company, where he said the executor was appointed the director of the company last year. Fakudze added that the second applicant being Director Wonder ‘Samba Jive’ Nhleko was appointed this year in July. He argued that the company has no Form C and has been idle, hence their feeling that it was just individuals who want to oust Ngwenya.
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