The Polokwane High Court has red-carded an application for a court interdict to stop Marumo Gallants’ home match against Kaizer Chiefs billed for Royal Bafokeng Stadium in North West Sunday, September 11.
The interdict was applied by Polokwane Municipality after accusing Marumo Gallants of breaching their agreement to play their home games at the new or the old Peter Mokaba stadium in Polokwane, Limpopo.
Judge Gerrit Muller ruled last night that the showdown should be played at Royal Bafokeng Stadium as there was no agreement breached.
The municipality argued in court that the club had signed an agreement to play its home games at either the old or the new Peter Mokaba stadiums.
It said it has already sold more than 3 000 tickets for the Chiefs game and has also advertised the much-anticipated fixture. The municipality added that if the match is moved to North West’s Royal Bafokent Stadium, the Limpopo’s tourism industry will be negatively impacted.
But Abram Sello, the owner of Marumo Gallants, asked the court to dismiss the municipality’s application, refuting claims that his club has breached the agreement.
He said the club signed an agreement with the municipality to stage its 15 PSL home fixtures for the 2021/2022 season at the Peter Mokaba Stadium. The matches were played between August 24 2021 and May 7 2022.
“It is Marumo Gallants’ submission that the events [matches], being the 15 fixture list specified in clauses of the agreement, are the only fixtures that Marumo Gallants had an obligation to play at the old or new Peter Mokaba stadia.
“All of the events [matches], being Marumo Gallants 15 home fixtures for the 2021/2022 season, were indeed played at the old or new Peter Mokaba stadia in accordance with the agreement,” read the court papers.
He said the fact that the fixtures were played at the Peter Mokaba stadia does not entitle the municipality the exclusive right to have Marumo Gallants play their remaining home fixtures in Limpopo.
Sello further said despite complying with the agreement by playing the 15 fixtures at the stadiums, the municipality committed several breaches and even failed to honour its 20% contribution as stated in the agreement.
He charged that the municipality also failed to pay Marumo Gallants a share of the gate-takings as stipulated in the agreement. “This led to the respondent losing interest in playing their home games at the applicant’s stadiums,” read the papers.
On realisation that it was not economically viable for Gallants to play their games in Limpopo, Sello negotiated a new deal with Royal Bafokeng Stadium to host Marumo Gallants’ home games in the North West.
The new deal will result in the club receiving 100% gate-takings and an additional sponsorship of R3.5-million from the North West department of sports, arts and culture.
Sello argued further that if the court interdicts Gallants’ game against Chiefs, this will have a negative impact on PSL business, as the game has been advertised already and tickets sold.
He then asked the court to dismiss the application because, according to him, the matter is not urgent.
In a statement said they were happy with the verdict.
“The urgent application filed by Polokwane Municipality to interdict the match between Marumo Gallants F.C. and Kaizer Chiefs F.C. from taking place at Royal Bafokeng Stadium Rustenburg has been dismissed by Limpopo High Court Judge Gerrit Muller. The Judge ruled that the match will go ahead in Rustenburg as planned.
The Judge dismissed the applicant’s case on the grounds that it failed to prove that the respondent was in breach of contract.
The game will take place as scheduled this Sunday 11 September 2022, kicking off at 15h00. Marumo Gallants F.C. welcomes the court ruling as they get ready for the much-anticipated match,” read the statement.
Municipality spokesperson Thipa Selala was not available for comment.
Judge Muller’s verdict ruffled the feathers of soccer lovers in Polokwane who expressed their discontentment and warned to boycott Marumo Gallants’ next home matches.
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