PSL needs dispute rethink after Ndoro saga
The PSL faces a hard look at its judicial structures‚ and a possible overhaul‚ in the aftermath of “Ndorogate” – the protracted legal affair over Ajax Cape Town’s use of Zimbabwean international striker Peter Ndoro that ultimately cost them their topflight status.
Ajax were forced last week to accept their relegation from the Absa Premiership and a first-ever season in the National First Division when they ran out of legal options ahead of the start of the new campaign.
The protracted five-month court battle saw a multitude of hearings, plus four separate trips to the high court.
“We’ve been stalled by the legal process‚ by time, and really you are running up against a brick wall if you persist‚” Ajax lawyer Norman Arendse said.
Along the way‚ the various court battles set new legal precedents which mean the PSL now faces having to review its structures or endure longrunning sagas in the future which will again impact negatively on its image.
The PSL has in place a disciplinary committee and a dispute resolution chamber to handle issues and an appeal system‚ which is controlled by the South African Football Association.
If parties are still dissatisfied‚ then there is the independent arbitration system‚ which used to be final and binding.
But during the Ajax process‚ the South Gauteng High Court found that an arbitration is not binding but open to review by the courts.
Therefore‚ any future legal action – which football would want to see end at the arbitration stage – can no longer be contained within the sport’s structures but has the right to continue to the courts if a party seeks to do so.
“There are a lot of consequences that have come out of this whole Ajax saga‚” Arendse said.
“Judge [David] Unterhalter found that arbitration awards are now no longer final and binding.
“People can now run to court. Arbitrators‚ when they sit‚ take administrative action which is judicable in a court of law,” he said.
Football matters are best left out of the courts.
When they get to that stage, it can lead to lengthy delays and, in the case of Ajax, an unfavourable outcome‚ even though they have yet to be found guilty.