SAFA arbitration makes ruling on La Masia complaints
SAFA arbitrator Nazeer Cassim has made a ruling on the complaints lodged by La Masia against Motsepe Foundation Championship sides Marumo Gallants and Pretoria Callies.
As FARPost reported, La Masia, who were relegated to the SAFA ABC Motsepe League at the end of the 2023/24 season, accused the two clubs of wrongdoing and wanted PSL to take action.
The first complaint pertains to Marumo Gallants utilising Thapelo Dhludhlu, who had played for two other clubs in the same season. Dhludhlu played for Gallants, Mpumalanga Football Academy, and Mpumalanga Future United in the ABC Motsepe League.
FIFA rules stipulate that players may be registered with a maximum of three clubs during one season, but they are only eligible to play official matches for two clubs.
Dhludhlu joined Gallants in January 2024 and featured in 10 matches. According to the NSL Handbook, a complaint relating to the registration of a player must be lodged no later than 40 days after the closure of the registration period during which that registration was made or within 40 days of the date of registration if such registration took place outside the registration period.
CRUCIAL COMPLAINTS BY LA MASIA SIT BEFORE THE SAFA ARBITRATOR
La Masia lodged a formal complaint with the PSL on 24 May 2024, which was outside the 40 days prescribed.
However, Gallants was also found to be in the wrong when they removed Dhludhlu from the original starting 11 during the league match against La Masia on 12 May and replaced him with another player.
“Regrettably, Marumo Gallants did not report itself to SAFA or the NSL, and this is a strong indication that it knew what it had done was wrong and tantamount to misconduct,” said Cassim in his ruling. “Rule 55.3.12 prohibits the failure to report alleged misconduct to the NSL, and the conduct of Gallants potentially brings the NSL into disrepute.
“I think an appropriate sentence, in the circumstances, is a reprimand and that Gallants pays the costs of the arbitration as well as the legal costs incurred by La Masia, including the costs of senior counsel.”
In short, Marumo Gallants will remain in the Motsepe Foundation Championship for next season.
RULING ON THE CASE AGAINST PRETORIA CALLIES POSTPONED TO A LATER DATE
The second matter against Callies was postponed to an unknown date pending more evidence. La Masia are accusing Callies player Xolani Sithole of fraudulently changing his date of birth from 26 July 1997 to 26 July 2001. This allowed him to play as an Under-23 player in the 2023/2024 season.
“It appears to me that PC took reasonable steps to ascertain whether Xolani had fraudulently altered his birth date or not,” said Cassim.
“On 2 November 2023, the CEO of Callies wrote to the Department of Home Affairs to enquire as to the legitimacy of Xolani having obtained a new identity number. The Department confirmed in a letter dated 6 November 2023 that the Department had issued a new identity number to Xolani on 11 October 2021 based on his date of birth.
“At the hearing before me, an official from the Department gave evidence as to the procedure the Department follows by rectifying the date of birth by primarily having regard to the records of the hospital or another place where the individual was born.
“In short, if Xolani was born in 2001 and not in 1997, then there is no wrongdoing at all. This requires an investigation as to his date of birth. He can presumably procure the documentation he filed with the Department, in particular the hospital in Dundee where he was born, and those records would be determinative of this matter.”
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