Weekend Argus (Saturday Edition)
Ndoro saga drags on as PSL heads back to the courts, and Ajax threaten to delay season
THE Premier Soccer League (PSL) will not be making any overhaul of their legal department despite being caught with their pants down in the Tendai Ndoro saga that threatens to delay the start of the 2018/19 season.
The long-drawn-out saga of the Zimbabwean’s eligibility to represent Ajax Cape Town last season would probably have been wrapped up by now had the PSL Dispute Resolution Chamber not cleared Ndoro to represent the Cape club.
Ajax contravened Fifa rules by fielding the Zimbabwean as they were his third club in a single season after he represented Orlando Pirates and Al Faisaly of Saudi Arabia.
That move started a domino effect that has seen numerous court cases with Ajax fighting the matter, fuelled by the fact that a PSL body, even though it’s an independent one, gave them the green light.
Ajax have even threatened to interdict the start of the season.
The DRC’s ruling was subsequently overturned, and that decision was followed by numerous challenges from Ajax. The Cape side eventually suffered a huge blow with Advo- cate William Mokhari, serving as a Safa arbitrator, finding the club guilty of misconduct for fielding Ndoro.
Mokhari’s sanction led to Ajax being automatically relegated. The Cape side took the matter to the South Gauteng High Court where Judge Denise Fisher set aside Mokhari’s ruling, arguing that he didn’t have jurisdiction and instead referred the matter to the Fifa Players’ Status Committee. The PSL are appealing that decision.
“The DRC matter is long for- gotten,” Khoza said. “The DRC (ruling) is not a matter at this point. What we are challenging now is the outcome of Judge Fisher’s decision.
“The issue here is that when the PSL challenged jurisdiction of the DRC, our DRC, we said the matter Ndoro was presenting at the DRC – the DRC wasn’t the proper tribunal to deal with the matter because of its international dimension. What was raised at the time as their argument was sporting issues that were problematic and the challenges he had with his team (in Saudi Arabia).”
Khoza continued, “That matter can only be dealt by the Players’ Status Committee and not by the local DRC.
“That’s why we are saying the DRC didn’t have the jurisdiction because the matter had an international dimension. Hence we said Ndoro should have gone to the Players’ Status Committee before he even came to the PSL, to get clarification. But unfortunately when it went to the DRC here, the DRC thought they had the competency to deal with that matter which they didn’t have…We have learnt our lessons because with every judgement there are lessons learned.
“But for now, there is nothing that will be overhauled, except there is a question of understanding that who must deal with what.”
The PSL will appeal Judge Fisher’s decision as a matter of urgency. Should there be a delay or they lose the case, they will then proceed to the Fifa Players’ Status Committee where they also want the matter heard immediately so that the league can start on the first weekend of August.
While the appeal is being heard, and Mokhari’s ruling has been set aside – the PSL argues that Ajax are still a first division side
“It (Judge Fisher’s ruling) can’t have any bearing (on the standings) because the matter of eligibility hasn’t been finalised,” Khoza said. “That’s why the judge is careful, that until the matter of eligibility is finalised, we can’t even talk about the issues of the play-offs and of the league position.”