SUNDOWNS TAKE K.CHIEFS PLAYERS TO DISCIPLINARY COMMITTEE
This post was created on April 15, 2003.
SUNDOWNS FOOTBALL CLUB APPELLANT
NATIONAL SOCCER LEAGUE FIRST RESPONDENT
FABIAN McCARTHY SECOND RESPONDENT
KAIZER CHIEFS FOOTBALL CLUB THIRD RESPONDENT
- APPEAL PANEL:
1.1 MR P NKAISENG – CHAIRMAN
1.2 MR T MALAZA – SECRETARY
1.3 MR M P RAMOTSHEOA – MEMBER
- HEARINGS AND REPRESENTATIONS
2.1 The appellant was represented by Mr Jose Ferreira of J Ferreira Attorney at Law.
2.2 Mr Fabian McCarthy (“McCarthy”) and Kaizer Chiefs Football Club (“Chiefs”) were represented by Mr B Mbha of B H MBHA Attorneys.
2.3 The National Soccer League (“the League”), although invited to the hearing, was not represented;
2.4 The appeal hearing was initially set down for hearing on 16 March 2003 when it was postponed to the 6th April 2003 on account of non-attendance of Kaizer Chiefs, McCarthy and the League.
2.5 Pursuant to the non-attendance of the parties referred to in paragraph 2.4 hereinabove, a ruling was made that proper notices be dispatched to McCarthy, Chiefs and the League; advising them that the hearing would be held on the 6th April 2003.
2.6 The matter proceeded as scheduled on the 6th April 2003.
- AT ISSUE
3.1 Whether the Disciplinary Committee of the League acted correctly in making the following findings:
3.1.1 “the protests lodged by Sundowns F.C. on the 11th December 2002 and 11th January 2003 are invalid and hereby dismissed;”
3.1.2 “the registration of Mr Fabian McCarthy by Kaizer Chiefs on the 30th October 2002 was proper,”
- ISSUES IMPACTING ON THE DISCIPLINARY COMMITTEE’S DECISION
4.1 In an effort to address the crisp issues at hand, we were asked to consider the following aspects that were traversed during the disciplinary proceedings:
4.1.1 whether the League acted correctly in registering McCarthy on or about 30 October 2002 without a Clearance Certificate from Sundowns F.C.;
4.1.2 whether the Labour Court Order issued on 30 October 2002 by Judge Waglay was suspended by lodgement of application for leave to appeal;
4.1.3 whether the subsequent clearance issued by the League on 4 November 2002 validated the registration of McCarthy;
4.1.4 whether the League’s Working Committee has powers to issue clearance certificates;
If so, whether the Working Committee was properly constituted;
4.1.5 whether the Disciplinary Committee erred and misdirected itself in refusing Sundowns’ application to have
Mr L Taunyane called as a witness.