Ajax vow to fight on until they get justice
AJAX CAPE TOWN’S application to interdict the start of the 2018-19 PSL season is scheduled for the South Gauteng High Court today. If successful, it is likely to have major ramifications for the league: not only with regard to fixture congestion at club and national level, but also in terms of its agreements with sponsors and broadcasters.
Today’s court matter is the latest manoeuvre in the ongoing saga involving the eligibility of Ajax’s former striker Tendai Ndoro. The issue has been a festering wound on the PSL since January – and, six months later, there has still been no resolution. With both Ajax and the PSL prepared to fight their corner and in it for the long haul, it makes today’s court proceedings a very tricky occasion for football.
To briefly sketch the situation, Ndoro played for three clubs last season. Fifa rules, though, state that a player may only turn out for two clubs in a season. Ajax, however, believed there were extenuating circumstances to Ndoro’s case and they were vindicated when the PSL’s Dispute Resolution Chamber (DRC) cleared Ndoro to play. But, ever since, it’s devolved into a legal mess, with appeals, arbitration hearings and court cases the order of the day. At arbitration, Advocate William Mokhari docked Ajax points for fielding Ndoro and the Cape club was subsequently relegated from the PSL. Then, earlier this month, Judge Denise Fischer overturned Mokhari’s verdict, ruling that only Fifa’s Player Status Committee has jurisdiction over the matter. The PSL has decided to appeal Judge Fischer’s decision, which is why Ajax are back in the High Court today: if the case is to continue through the courts, the Capetonians want to make sure that the new league season doesn’t go ahead until the Ndoro matter is resolved (the PSL is scheduled to commence on August 4).
“Our urgent application to interdict the start of the new PSL season goes before a judge on Tuesday,” said Ajax chief executive Ari Efstathiou. “We are going ahead with this, even though the PSL is yet to see to Judge Fischer with regard to an application to appeal her verdict. There have also been a few other developments, which I can’t reveal at this stage, which make our case even stronger.”
After the High Court decision earlier this month, Efstathiou had hoped that the PSL would be keen on resolving the Ndoro matter, but it has not been forthcoming. And, with the PSL deciding to appeal Fischer’s ruling, Ajax have decided, in Efstathiou’s words, “to throw everything at it”. Today’s court appearance is the first stage of that process. Whatever happens today, win or lose, it won’t be the end for Ajax: they have vowed to continue fighting until they get justice.
Efstathiou believes his club has not been treated fairly, even with regard to the arbitrator’s initial findings. As he pointed out: there have been numerous player registration cases in SA football, but when a team has been docked points, never, ever, were the points given to the opposing team. It’s unprecedented, yet Ajax had to suffer such a fate, which is why it is easy to understand why the Urban Warriors feel the punishment was harsh and excessive.
Today’s application to interdict the start of the PSL season is only the first step in Ajax’s battle. They will also be opposing the PSL’s application for leave to appeal Fischer’s verdict; and Ajax also have a contingency plan if the PSL is granted the right to appeal: they will then file a Section 18, which is to have the Judge’s ruling stand until the Ndoro matter is complete. If they succeed with this, then the PSL won’t, in any case, be able to start the new season.