The Johannesburg High Court has dismissed with costs an appeal by ABC Motsepe League side Thames FC against Safa and Kruger United.
In June, there was controversy at the ABC Motsepe League national play-offs after Mpumalanga club Kruger United were alleged to have fielded an ineligible player in Thabani Gumede.
Thames alleged that Gumede, who played in all four matches, was not properly registered by Kruger United.
Thames, in the ABC Motsepe League (third tier of SA football) filed an application to review an award made by arbitrator advocate Sthembiso Mdladla in their matter against Kruger United and Gumede.
In his judgment, acting judge Gary Myburgh said “the gravamen of the complaint made against the arbitrator is that he dismissed the claim that Mr
Gumede had, at the time, still been registered with Royal AM and had, therefore, been ineligible to play for Kruger FC”.
In June, Madlala dismissed Thames’ claim that Kruger played a defaulter with costs.
Safa controls soccer in South Africa and is affiliated to Fifa, the world football mother body.
“As an aside, I must say that I question whether that a finding in favour of the complainant would have been competent or appropriate absent proof of knowledge of what could be described as a defect in title on the part of Kruger FC,” Myburgh said.
“While it is so that the Safa rules place an onus on a club to ascertain a prospective player’s status before signing him or her, I do not think that it can be sufficient to show simply that there was some irregularity in the chain of transfers or registrations – which is essentially the position which Thames contended for,” reads the judgment.
“The position is, to my mind, similar to that which pertains in respect of the purchase of a motor vehicle – i.e. a purchaser would, in the ordinary course, be entitled to rely on information of ownership reflected on the Natis system.
“Likewise, a club would, in the ordinary course, be entitled to rely on the information reflected on Safa’s system or on communications received from that body. In this regard, it is to be borne in mind that the sanction is one which is imposed on the club rather than a particular player, and which accordingly affects all of the club’s members and stakeholders.”
Myburgh dismissed the appeal, with costs.
In 2018 Ajax Cape Town were automatically relegated from the PSL after being docked nine points following a ruling that they had illegally fielded Tendai Ndoro, a player accused of playing for three clubs in one season, in violation of Fifa rules.
