PSL ‘undermining’ arbitration process
League’s disciplinary committee could step aside until Safa matter is finalised
The PSL has been accused of running its disciplinary committee (DC) hearing against Kaizer Chiefs parallel to the ongoing Safa arbitration postponed to next month.
Amakhosi are facing the wrath of the league after their failure to honour two of their Premiership matches in December, but have since sought the intervention of the national football controlling body Safa’s arbitration on the matter.
Chiefs failed to honour two of their five fixtures against Cape Town City and Golden Arrows due to 31 Covid-19 cases in their camp in December.
If found guilty, the Glamour Boys could forfeit six points. As things stand, going the arbitration route is their attempt to try to convince the PSL DC not to impose the heaviest of sanctions and forfeit the points to City and Arrows.
While leading sports legal eagle advocate Nassir Carrim SC was appointed the arbitrator by Safa, with the two parties at loggerheads agreeing that he was the proper legal mind to chair the arbitration process, the matter was postponed three weeks ago to March 15 and 16.
However, on Friday, without consideration of the pending arbitration process, PSL prosecutor Zola Majavu hurled Chiefs before the DC, only to postpone the hearing to the end of next month.
This caused some consternation among the Amakhosi top brass and the Safa hierarchy, who are both of the view that it seems the PSL is undermining the fact that the matter is undergoing arbitration.
Majavu conceded that the arbitration process could have an adverse effect on the PSL DC hearings. He also intimated that the disciplinary committee could decide to abandon its hearing pending the outcome of the Safa arbitration.
The PSL lawyer also warned against people jumping the gun and against conspiracy theories dogging the Chiefs case due to the DC hearings and numerous postponements while all parties await Cassim’s ruling.
“As matters stand there was a request for the matter before the PSL DC to stand down until after the termination of the arbitration, which itself has been pencilled in for March 15 and 16,” said Majavu.
“It may well be that the outcome of that arbitration may signal the end of the matter before the PSL DC. If the arbitrator rules against Kaizer Chiefs, it may pave the way for unhindered proceeding with the matter that I will be prosecuting before the PSL DC.
“For pragmatic purposes the DC has ruled that the matter be postponed to any of the two consecutive days between March 28 and April 1. The exact dates will be finalised by me, having consulted with my opposite number once the arbitrator’s ruling has come out. Conversely, if it has gone in favour of Chiefs that may be the end of that matter and this [PSL DC] case would then be regarded as definitively resolved, as the outcome of the arbitration is final and binding and not appealable.
“If the matter were to proceed before the PSL DC and Chiefs were found guilty, hypothetically the case would then proceed to the next stage, which is sanctioning.”
There are also fears that as the matter has been dragging for long, it could scupper the successful completion of the Premiership season in May.
Safa CEO Tebogo Motlanthe said although he was on leave, he does not believe much should be read into the ongoing PSL DC sittings while all parties were waiting for the arbitration ruling.
“No, there’s no parallel process, remember the PSL DC hearing dates were set before the arbitrator could hear the matter and then postponed it to next month. There’s no conflict,” said Motlanthe.
PSL CEO Mato Madlala’s phone rang unanswered.
It may be that the outcome of arbitration may signal the end of the PSL DC