The Premier Soccer League have given an update on the pending Kaizer Chiefs case over their two December fixtures against Cape Town City and Golden Arrows and confirmed the case will be heard at the High Court on 10 May.
Chiefs looked set to have lost out on six points from the fixtures they failed to honour due to a Covid-19 outbreak at Naturena before the mid-season break, as a previous case went against Cape Umoya in the Glad Africa Championship last season when the league stated that Covid-19 cannot be used as a an excuse to forfeit games.
However, within the arbitration with the South African Football Association, advocate Nazeer Cassim ruled against the Premier Soccer League and with Amakhosi.
The PSL executive, though, met recently for an emergency meeting, which had Cape Town City chairman John Comitis, who hit out at the ruling publicly, and Amakhosi chairman Kaizer Motaung excused.
The PSL have now communicated with their member clubs to explain the way forward on the matter. In a document seen by this publication, the PSL confirms that the new application hearing date is 10 May 2022.
Both parties agreed that the outcome of the hearing “will remain effective” and “no party will see to interdict the finalisation of the 2022 professional football season”.
Below are the main points of the circular to all PSL chair persons:
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Member Clubs will be aware of the issue that has arisen in respect of the application by Kaizer Chiefs to postpone certain matches in December 2021.
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The issue was dealt with by the League and then referred by Kaizer Chiefs to the SAFA Arbitration Tribunal. Advocate Cassim Sc handed down an award in the matter on 18 March 2022.
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The League has instituted review proceedings (“the review application”) in respect of the award to the extent that it ordered that the matches scheduled between Kaizer Chiefs and Cape Town City on 4 December 2021; and Kaizer Chiefs and Lamontville Golden Arrows 8 December 2021; “be replayed”.1
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To avoid the risk of the proceedings delaying the end of the season a timetable has been agreed and confirmed by the Deputy Judge President of the Gauteng High Court. The review application hearing date is 10 May 2022.
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It has been agreed that these matches will be scheduled pending the hearing on the basis that:
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5.1. if the League is successful in the review application the log will be adjusted to reflect the outcome as if the matches had not been played;
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5.2. if Kaizer Chiefs is successful in the review application, then the log will reflect the outcome of the replayed matches;
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5.3. whatever the result before the Judge hearing the review application, that result will remain effective even if the unsuccessful party seeks leave to appeal against the order or is granted leave to appeal;
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5.4. no party will seek to interdict the finalization of the 2022 professional football season, pending the outcome of any further litigation either party may wish to pursue;
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5.5. Kaizer Chiefs accepts that, even if the review application is heard after the matches are replayed the matter will not be moot.
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The amended fixture list will be circulated as soon as reasonably possible.
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