In a new turn of events, Royal AM has abandoned their playoff fixture which was scheduled against Chippa United on Tuesday afternoon. This meant Chippa United would be afforded a walkover and be awarded three points, placing them at the top of the playoffs log – with a clear advantage to secure their position in the premier league.
The issue started with Royal AM insisting they were not going to honour their fixture since they claimed they still had a case to be heard by the Supreme Court of Appeal. That quickly changed following Acting Judge Nyathi’s explanation that the interdict he had issued against the playoffs last week Monday no longer had an effect after the dismissal of the KwaZulu Natal team’s application for leave to appeal last week Friday.
Based on this, the club announced that it was “Game on” and they would honour their fixture.
However, completely unexpected the club officials and players were seen packing their stuff and leaving the Chatsworth Stadium moments after they had arrived.
The club CEO, Sinky Mnisi says they left based on legal advice.
“That is the reason why our attorneys stood up and said, ‘Guys, as a matter of fact, please make sure that the team doesn’t play’. When they (club officials) received that information, they decided to leave (the stadium).” – #RoyalAM#sabcnews #Playoffs
— Sipho King K Kekana (@KingKAzania) June 22, 2021
The club says according to Nyathi’s reasons for his last Monday’s interdict order, which were only released yesterday, a court found that the PSL had acted unconstitutionally by removing Royal AM from the top of the log and replacing it with Sekhukhune United.
“There is, in my view, well-founded anxiety by the applicant (Royal AM) that the Respondent (NSL) by hastily issuing a media statement on 12 June 2012, the respondent had pre-judged the postponed Sekhukhune application and rendered it moot. It is, in my view, inescapable that the first respondent had created a predicament for itself,” reads Nyathi’s reasons in part.
“The first respondent authored its own misfortune, literally, through the contents of the affidavit deposed on its behalf. By alleging material error on the arbitrator’s part, the first respondent gave the applicant affirmation that it’s right to be at the top of the log. When NSL altered its outlook and opted to endorse the playoffs, it did not engage with or provide reasons to the applicant as befits fair and reasonable administrative action.”
#RoyalAM are accusing the PSL of making a U-turn saying they were the ones who first said the arbitrator was wrong and later changing tune. This, they say, was also pointed out by Nyathi AJ when he said the @OfficialPSL had “authored its own misfortune”.#Playfoffs#SABCNews pic.twitter.com/IEAS1LUveL
— Sipho King K Kekana (@KingKAzania) June 22, 2021
Last week Friday, counsel for Royal AM let rip into the league for changing its position on the matter calling it “chameleonic behaviour”.
The #NSL “that told us last week only that it doesn’t want to enter the fray, that it’s just here for declaratory. Now, the true colours are out. The league is now siding, taking a position against the very club it kept on the No.: 1 spot for three weeks.” #sabcnews #Playoffs
— Sipho King K Kekana (@KingKAzania) June 18, 2021
But was quickly asked by Deputy Judge President Sutherland if any other would really consider arriving at a different conclusion because the league are “hypocrites.”
Judge Sutherland asks #DaliMpofu even if the #NSL are hypocrites, how will that help the appellant court in arriving at a different conclusion?
“Will the Court of Appeal care? Do we need to go there?”#SABCNews #Playoffs
— Sipho King K Kekana (@KingKAzania) June 18, 2021
Royal AM relying on point No.: 2 of Nyathi’s findings which reads say the league’s “conduct is inconsistent with the constitution and/or PAJA,” completely disregarding point No.: 3 which reads: “An interim order is granted that pending the final determination of the application for leave to appeal.”
#RoyalAM are relying on order No.: 2 and completely disregard order No.: 3, saying No.: 2 is the “most important” meaning “we are still top of the log” and not @SekhukhuneFc
The application for leave has appeal (No.: 3) has since been dismissed.#Playoffs #SABCNews pic.twitter.com/2WaE0dSumV
— Sipho King K Kekana (@KingKAzania) June 22, 2021
The application since been heard and dismissed, rendering the interdict without basis as explained by Nyathi.
Judge Sutherland finds that the probabilities of the appellant court to set aside the award in his view do not meet the test. “Rules are the rules”
“Leave for application to appeal should be dismissed.”#sabcnews #Playoffs#SafariWeek #RoyalAM #SekhukhuneUnited
— Sipho King K Kekana (@KingKAzania) June 18, 2021
Royal AM are saying the matter is now with the Supreme Court of Appeal.
