Court keeps Ndoro in the stands
But Urban Warriors can field striker at ‘own risk’
Ajax Cape Town’s investment of over R800 000 in Tendai Ndoro appears to have been a waste. This after their request to continue using him was thrown out of court yesterday.
Ajax and Ndoro brought an urgent court interdict yesterday against arbitrator Nassir Cassim’s decision to bar the Zimbabwean from playing pending the outcome of his case regarding his eligibility.
The matter was heard in the South Gauteng High Court in Johannesburg by Judge Roland Sutherland, who threw out Ajax’s application after four hours of deliberations. This effectively leaves the matter in the hands of Fifa.
If Ajax continue to play Ndoro, they are doing so at “their own risk”, the court heard, because they may lose the points in the matches he’s featured in. So far, Ndoro has played seven league matches and Ajax have accumulated 10 points with him in the side since his debut in Ajax’s 3-1 win over Platinum Stars on January 12.
Cassim ruled a week ago that the PSL’s Dispute Resolution Chamber (DRC) did not have jurisdiction to rule on the matter when they decided to give Ndoro the green light for him to continue playing for Ajax and therefore, the matter should be handled by Fifa, because it involved an overseas club.
In his judgment, Sutherland dismissed Ajax and Ndoro’s cases on the basis that he didn’t see anything wrong with the arbitration ruling. Both parties were ordered to pay their legal fees.
PSL lawyer Dennis Sibuyi said the league is pleased with the outcome.
“Well, we wouldn’t say it’s a victory, but it’s what we wanted. It’s what we’ve been saying; the matter has to go to Fifa players’ status committee to deal with it,” said Sibuyi.
It emerged during the court session that the Urban Warriors paid Saudi Arabian club Al Faisaly $70 000 (about R800 000) to sign the striker in January transfer window.
If Ajax are docked points by Fifa for fielding
Ndoro, it could lead to their relegation. In terms of Fifa rules, players can be registered by three clubs in one season, but only play official matches for two.
In Ndoro’s case, he has played for three clubs – Orlando Pirates, Al Faisaly and Ajax.
Ajax CEO Ari Efstathiou, however, said he did not see the high court decision as a setback.
“We’re very pleased with the result. The arbitration award is going to be reviewed and he [Judge Sutherland] also said until then there is no referral to Fifa.
“We have also got a right to play Tendai
Ndoro if we wish to and obviously the risk is ours,” he said.