The Polokwane municipality has threatened to claim concomitant damages against Marumo Gallants or refer their case for “summary arbitration”.
This is after the Limpopo High Court on Friday, dismissed its application for an interdict to stop Marumo Gallants from playing their home game against Kaizer Chiefs at the Royal Bafokeng stadium on Sunday, September 11.
The municipality applied for the interdict after accusing Marumo Gallants of breaching the agreement they signed with it to play their home games at the new or the old Peter Mokaba stadiums.
But Judge Gerrit Muller dismissed the application and ordered the municipality to pay the costs.
Muller ruled that although Marumo Gallants have a binding three-year contract to play their 15 home games at the stadiums until 2023/2024 season, they still have a choice to choose which of the 15 of the 30 games in a season they want to play in Polokwane.
Municipal spokesperson Thipa Selala said the municipality is baffled by the judgment.
“Polokwane municipality regrets the judgment on a case between itself and Marumo Gallants FC as the soccer-loving people of Polokwane and Limpopo have lost out. Although the municipality respects the court’s judgment, the municipality regrets that the judgment robbed the soccer-loving people of their entitled opportunity to watch the Kaizer Chiefs FC game play on their own turf in Polokwane in line with the original agreement between Gallants and the municipality.”
“ The municipality remains surprised by the decision of Gallants of not only deciding to breach the terms of the contract it has with the municipality but to also decide to abandon its home base and play their home game in a different province,” he said.
Selala said they had preferred the court to order the game to be played at Peter Mokaba stadium or postpone it pending arbitration to resolve the matter.
“In essence, the agreement stipulates that all Gallants’ PSL home games (15 games) shall be hosted by Polokwane municipality, at Polokwane stadia. The terms of the agreement are not disputed by the parties.
“Initially, Gallants alleged that Kaizer Chiefs offered them R4 million and other incentives to move the game to Royal Bafokeng Stadium. In return, Gallants demanded that the municipality must pay them R10 million to have the game relocated to Polokwane. Later on, it was alleged that North West Department of Sports, Art and Culture had offered Gallants R3,5-million and other incentives to have the game moved. Another excuse was that Marumo Gallants FC had lost interest in the contract because it did not make commercial sense. It must be emphasised that the municipality’s core mandate is to ensure the provision of services to the community and its financial resources will be directed for this purpose,” he said.
He said the municipality is contemplating seeking relief against the club.
“The truth is that the municipality has a binding agreement with Gallants and had made plans to host the game including sale of tickets, prepared the stadium and incurred other related costs in compliance with the contract. The municipality will not take this matter lightly and will consider all available options including summary arbitration and concomitant damages claim,” he said.
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