Royal AM are not about relinquish their fight to gain automatic promotion into the DSTV Premiership. According their response to the dismissal of their application for leave to appeal by Justice Sutherland DJP on Friday evening, the KwaZulu-Natal outfit will be approaching the Supreme Court of Appeal. 

“As indicated during the hearing of the application for leave to appeal heard before His Lordship Justice Sutherland DJP, and in view of the outcome thereof, we hold instructions to lodge an application for leave to appeal to the Supreme Court of Appeal alternatively the Full-Bence in terms of section 17(2)(b) if the Superior Courts Act 10 of the 2013,” reads the statement in part. 

The Act makes provision for disgruntled parties who have had their applications for leave to appeal declined “by the judge or judges against whose decision an appeal is to be made” petition the SCA to have their appeal heard. 

The section reads, “If leave to appeal in terms of paragraph(a)is refused, it may be granted by the Supreme Court of Appeal on application filed with the registrar of that court within one month after such refusal, or such longer period as may on good cause be allowed, and the Supreme Court of Appeal may vary any order as to costs made by the judge or judges concerned in refusing leave.” 

On Friday evening, 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 judgement, 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.” 

Royal AM has also reminded the PSL of the interdict order given by Nyathi AJ on Monday against the PSL Promotional Playoff which were set to commence on Tuesday.  

“We are accordingly instructed to inform you thereof firstly as a matter of courtesy, but more importantly to remind you that the status quo which prevailed before the hearing of the application for leave to appeal in terms of section (172)(1)(a) persists and continues to exist,” reads the letter in part. 

“As you will recall the Order of His Lordship Justice Nyathi AJ granted Royal AM an interim order to the effect that ‘pending the final determination for leave to appeal the commencement of the 2021 GladAfrica promotions/relegation playoffs is suspended.’”

Earlier this week, the league made U-turn on their decision to kick off the playoffs on Thursday after their announcement of their intention to appeal the interdict.