Johannesburg – The PSL’s GladAfrica Championship’s promotion/relegation play-offs due to kick-off on Tuesday, today, have been suspended after Judge Nyathi heard an urgent interdict lodged by Royal AM.
Durban side Royal AM interdicted the outcome of Saturday’s ruling by Judge Roland Sutherland awarding Sekhukhune United three points following their protest against Polokwane City.
In January Polokwane City failed to follow the PSL’s regulation stating that a club must include five Under-23 players on their team sheet but did not do so during their match against Sekhukhune.
The matter went to arbitration and arbitrator advocate Hilton Epstein SC had awarded Sekhukhune the three points last month but Polokwane and the PSL were unhappy with the outcome and challenged it in court, however Judge Sutherland upheld the outcome, reversing the three points back to Sekhukhune.
After Sekhukhune were awarded the points on Saturday, they leapfrogged Royal AM on the National First Division league log to become GladAfrica Championship champions with 53 points against Royal AM’s 51 points.
Determined not to go down to compete in the play-off without a fight, Royal AM took the matter to the Supreme Court of Appeal for an urgent interdict‚ citing Safa‚ the PSL‚ advocate Hilton Epstein SC‚ Sekhukhune United and Polokwane City as the respondents.
Another comedy of errors played itself out when Judge Nyathi initially ruled that the GladAfrica Championship league log standings be returned to what they were before Judge Sutherland’s ruling on Saturday, but later reversed his ruling.
To aggravate the situation further, Judge Nyathi initially granted Royal AM the application to interdict but later changed his decision and suspended the promotion/relegation play-offs, a move that would adversely affect the start of the new PSL 2021/22 season.
SABC sports journalist Velile Mnyandu posted on Twitter late on Monday night that Judge Nyathi attached three conditions to his decision to suspend the play-offs:
1. Application be heard and determined as one of urgency.
2. First Respondents’ conduct is inconsistent with the constitution or PAJA. (The PAJA is the law passed to “give effect” to the right to just administrative action in the Bill of Rights. This says everyone has the right: To fair, lawful and reasonable administrative action; and. To reasons for administrative action that affects them negatively.)
3. Pending the final determination of leave to appeal, play-offs are suspended.
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