BOMBSHELL: PSL’s plan to review arbitrator’s ruling shocks Chiefs

Chiefs were unable to honour two league matches against Golden Arrows and Cape Town City towards the end of last year due to a widespread Covid-19 outbreak at their headquarters in Naturena. However, those games were then expected to be replayed after a key arbitration decision.

The PSL initially announced that they had rejected Chiefs’ request to postpone the games, and the disciplinary hearing was originally set to take place in the early parts of this year. However, PSL Prosecutor Zola Majavu revealed that Amakhosi had referred the matter to arbitration at the SA Football Association (Safa), and the disciplinary hearing was subsequently postponed.

ICYMI: ALL THE KEY COMMENTS IN HARRIET ROBSON, MASON GREENWOOD CASE

Advocate Nassir Cassim SC had been appointed as the arbitrator in the matter, with the DC matter postponed pending the outcome of the arbitration.

The result had initially come down in favour of Chiefs, although the decision was set to be discussed at an emergency meeting of the PSL executive committee on Tuesday, where conversations were likely to revolve around the fact that previous sanctions were handed down to clubs who did not fulfil fixtures because of Covid cases, with many having expected to see Chiefs punished through a points forfeit.

Chiefs have now released a statement confirming that they have learned that the decision will be reviewed. The statement can be found below:

Kaizer Chiefs is shocked and bewildered by the recent news reaching the Club. Despite a lack of formal communication from the League, which one would expect, the Club has been informed of the PSL Executive Committee’s resolution to review the arbitration award of Adv. Nazeer Cassim SC, which was handed down on Friday, 18 March 2022.

The arbitration award correctly decided that the interruption in the Club’s performance for the two missed December fixtures was temporarily halted by vis major (that is an overwhelming, unanticipated, and unpreventable event) created by Omicron.

Notwithstanding the fair outcome and a costs award to those affected by the organising of the two matches, it appears the League is dissatisfied with the outcome and intends to review it, with a view of setting aside the award in the High Court. This unfortunate step has taken the Club by surprise as in doing so the League is in breach of its own Constitution and Rules as well as SAFA Statutes which frown upon the Court systems for resolving football disputes. The Club will have no choice but to defend such a challenge as it is of the view that the arbitrator came to the lawful and reasonable conclusion that, it would have been negligent if not reckless for the Club to field a team for the two games, and that Kaizer Chiefs acted as a responsible employer in the circumstances.

The matter shall soon be sub-judice, and the Club shall not give any further comment in this regard. We trust that the football loving community will provide the Club with the necessary respect and support required in attending to this matter.

Recently, legal expert Piet Tibane, Director of Morakile Inc Attorneys, suggested that Cassim’s ruling is incorrect and could lead to a review.

“It’s mind boggling to really know why they decided to go to the arbitrator instead of going through the PSL DC,” he told Thabiso Mosia on SAFM Sport On, as quoted by iDiski Times.

“But as we all know, Kaizer Chiefs cannot discipline itself as it’s a member of PSL. So PSL ought to have taken an action against Kaizer Chiefs for failure to honour the match[es]. 

“Maybe it’ll help to bring the circlular that has been issued last year by the PSL, it says the following: ‘circumstances related to Covid-19 will not constitute exceptional circumstances on their application to miss a match’ and it’s binding to all members until it has been varied by the committee.

“The directive that has been given by the PSL remains binding for Kaizer Chiefs notwithstanding the fact that they approached the PSL for postponement.

“But let’s look at what Kaizer Chiefs did, instead of challenging the circular itself, they opted to challenge the decision by the PSL not to postpone their matches, which to me is incorrect…

“As a matter of fact PSL ought to have charged Kaizer Chiefs, we’ve seen in the past where there was a violation of the rules, PSL would charge the respective team and the decision will be taken, something will be imposed,” he added.

“But in this instance things happened differently, so it is correct to say PSL were slow in acting. It is my view that this decision is likely to be reviewed because it was incorrect for Cassim the way he ruled.

“The rules stated Covid-19 cannot be used as a circumstance to forfeit the match. I thought the team would challenge the circular, it doesn’t make sense to me.”

Further detail into the decision related to the missed Chiefs had recently also been provided:

“It is my view that KC [Chiefs] was justified in not fielding teams for the fixtures on December 4 and December 8, 2021. These two games must be replayed,” Cassim’s judgement read, as per Sowetan Live.

“There is much to be said that where possible games must be replayed in order to enable soccer to triumph and the best team on the day in question to be rewarded for its efforts.

“I am averse to the litigation process deciding the winner. It is better that the results of the match be determined in the field.”

Chiefs are currently third on the DStv Premiership standings, but have only played 20 games

READ | PITSO REFLECTS ON 2018 HEROICS FROM TAU: NO COACH CAN TRAIN THAT SKILL!