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PSL is in the clear to proceed with playoffs … for now: Advocate Koma

  • Speaking to SABC News Advocate Mphafolne Koma has warned that Royal AM still had avenues to follow.
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The PSL is in the clear to proceed with the Promotional Playoffs for now. That is according to Advocate Mphafolane Koma.

Speaking to SABC News following the dismissal of Royal AM’s application for leave to appeal the High Court’s decision to uphold the SAFA Arbitration to award Sekhukhune United three points and three goals, Koma says until the president of the Gauteng High Court has granted KwaZulu-Natal permission to approach the Supreme Court of Appeal, the interdict against the playoffs is without basis. 

“Remember, the so-called interdict, in its nature, is a temporary relief or a temporary court order, depending on the outcome of certain processes. That is why an interdict is not something permanent. In fact, maybe if they would have opted to make an application in terms of Rule 6.12(c) of the Supreme Court Act, which is an application for reconsideration, I believe they would have more grounds to challenge the status quo,” says Koma. 

However, Koma was quick to caution that Royal AM remained with a case to be heard and could still take the matter up to the Constitutional Court. 

“Remember you must petition the Judge President of the High Court in the very same court where they are now. There is a Judge President. For example, in Johannesburg, we know, it’s Judge Mlambo. So, they must petition the Honourable Judge and if the Honourable Judge grants them that petition, it’s only then that they can approach the Supreme Court of Appeal.”

“We cannot predict what will be the outcome of the Supreme Court of Appeal in Bloemfontein, but that is the option they have. And still, if they are not happy with the outcome of the Supreme Court of Appeal, they still have the last option, which is the Constitutional Court to file the necessary papers there, to challenge the validity of the decision of the Supreme Court of Appeal. But the approach of the (Constitutional) Court, they must be able to prove the some of their rights in terms of the Constitution have been violated. Not every case can be heard by the Constitutional Court, unless you prove to the court that your constitutional rights have been violated,” adds Koma.

Listen to the full interview below:

On Friday, Royal AM was dealt another blow in their quest to remain at the top of the GladAfrica Championship log to gain automatic promotion into the DSTV Premiership. This, when Deputy Judge President of the Gauteng High Court, Judge Sutherland, dismissed the KwaZulu-Natal club’s application for leave to appeal with costs, stating that “rules are rules.”

Reading his judgment, Sutherland said: “One, the application for leave to appeal is dismissed; two, the costs incurred by the Sekhukhune club in participating in the leave to appeal will be borne by Royal AM; three, the costs incurred by SAFA and the NSL shall be borne by themselves. That disposes of that matter.” 

However, soon after that Royal AM threatened the PSL with league action if they commenced with the promotional playoffs, saying such a move would be in contempt of the interdict they obtained on Monday.

Sutherland would not deal with the interdict matter after he had given his judgment on the application for leave to appeal, saying if any parties wanted to pursue the matter, urgent courts remained opened to hear it.

The PSL said, on Thursday, they would seek an “urgent intervention of the High Court.” But for now, the games are back on.

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