Court order upheld, Thames flows with painĀ 

The Johannesburg High Court has dismissed with costs an appeal by ABC Motsepe League side Thames FC against Safa and Kruger United.Ā 

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.Ā 


Thames alleged that Gumede, who played in all four matches, was not properly registered by Kruger United.Ā Ā 

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.Ā 

In his judgment, acting judge Gary Myburgh said ā€œthe gravamen of the complaint made against the arbitrator is that he dismissed the claim that Mr Ā 
Gumede had, at the time, still been registered with Royal AM and had, therefore, been ineligible to play for Kruger FCā€.Ā 

In June, Madlala dismissed Thamesā€™ claim that Kruger played a defaulter with costs.Ā 

Safa controls soccer in South Africa and is affiliated to Fifa, the world football mother body.Ā 

ā€œAs 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,ā€ Myburgh said.Ā 

ā€œWhile it is so that the Safa rules place an onus on a club to ascertain a prospective playerā€™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 ā€“ which is essentially the position which Thames contended for,ā€ reads the judgment.Ā 

ā€œThe position is, to my mind, similar to that which pertains in respect of the purchase of a motor vehicle ā€“ i.e. a purchaser would, in the ordinary course, be entitled to rely on information of ownership reflected on the Natis system.Ā 

ā€œLikewise, a club would, in the ordinary course, be entitled to rely on the information reflected on Safaā€™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 clubā€™s members and stakeholders.ā€Ā 

Myburgh dismissed the appeal, with costs.Ā 

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.Ā 

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