Marumo Gallants, the South Africa Football Association, and its arbitrator, Nazir Cassim SC, have been dragged to Joburg High Court by the Motsepe Foundation Championship outfit NB La Masia for slapping Bahlabane Ba Ntwa on the wrist for fielding an ineligible player.
NB La Masia want the court to set aside Cassim’s decision to reprimand Gallants, deduct the points from Gallants and refund them the R34 000 they paid for the arbitration process.
In the court papers that we have seen, Masia said that Gallants violated Fifa regulations when they played an ineligible player, Thapelo Dhludhlu, when the team was still canvassing in the Motsepe Foundation Championship.
The matches in which Dhludhlu played include Gallants’s game against Venda FC on February 14, 2024, Upington City FC on March 9, 2024, Maritzburg United FC on April 19, 2024, Platinum City Rovers FC on April 28, 2024, and Black Leopards FC on May 1, 2024.”
“It appears that the first respondent also fielded, and played, the said player in a match against Baroka FC on May 5, 2024. This fact was never disclosed to us, to the arbitrator, or to the league. We submit this compounds the first respondent’s dishonest and deliberate conduct, and constitutes an aggravating feature,” read the papers.
“During the same 2023–2024 season, the same player was also registered for two other Safa clubs and played for them.”
Masia also said that in the same 2023–2024 season, Dhludhlu was registered and played for two other clubs, Mpumalanga Football Academy FC and Mpumalanga Future United FC.
“Subsequently, in the same 2023–2024 season, the said player participated in the Motsepe Foundation Championship in six matches for Gallants.”
They claimed this went against the rules, which state that a player can register with a maximum of three clubs in a season but he can only participate in official matches for two clubs during this time.
“It is common cause in this matter, and it was the case before the arbitrator that the player was registered for Mpumalanga Future United FC, Mpumalanga Football Academy FC, and the first respondent during the 2023–2024 season, and that he played for all three clubs in contravention and in violation of the said Fifa Regulation on the Status and Transfer of Players.
“Accordingly, it is common cause in this matter that the said player was ineligible to play for Marumo Gallants FC (the first respondent) in the Motsepe Foundation Championship due to the fact that he had already played for two (2) previous clubs during the 2023/2024 season and that playing him constituted misconduct as defined in the NSL handbook.”
Masia said they lodged a complaint with Safa, however, they were not satisfied with Cassim’s verdict to just reprimand Gallants. They said that the award was unreasonable because, despite being found guilty of fielding an ineligible player, the arbitrator only reprimanded them.
“As regards the remedy, the applicant is particularly mindful of a decision that the matches in which the first respondent participated and earned either a win or a draw, be annulled, or that the first respondent forfeit the matches where they either won or drew,” read the papers.
They said that if no action was taken, the consequences were or could be quite far-reaching for the league.
“The third respondent is directed to refund the applicant, the monies paid to it as a deposit to secure the arbitration, in the sum of R34 000, including VAT”,” read the papers.
In 2018, Ajax Cape Town were automatically relegated from the PSL after Safa ruled that the Urban Warriors illegally fielded footballer Tendai Ndoro, docking the Mother City team nine points. Ndoro played for Orlando Pirates, Al Faisaly in Saudi Arabia and then Ajax. Ndoro was accused of violating Fifa regulations by playing for three clubs in one season and Dhludhlu is accused of the same offence.
