Arbitrator issues ruling on La Masia v Pretoria Callies matter

SAFA arbitrator Roseline Nyman SC has made a ruling on the case by La Masia against Pretoria Callies and their player Xolani Sithole following a second hearing.

Callies and Sithole were charged with misconduct for using Sithole as an underage player in their fixtures.

The first hearing sat before Arbitrator Nazeer Cassim SC. He postponed the proceedings sine die [with no appointed date for resumption] until relevant documents were obtained. 

The matter has now sat virtually before Nyman SC. La Masia’s complaint is that Callies benefited from using Sithole as an under age unlawfully so. 

WHY LA MASIA ACCUSED PRETORIA CALLIES AND XOLANI SITHOLE OF FRAUD

This comes after the player amended his date of birth from July 1997 to July 2001. He featured in eight fixtures for the club during the last season using his new identification. He previously played for Uthongathi in the Motsepe Foundation Championship using his old identification. 

EXPLANATION GIVEN TO THE SAFA ARBITRATOR DURING THE ORAL EVIDENCE

While giving his evidence, Sithole stated that his old ID was wrong and that his grandmother who raised him reminded him to apply for the correct ID. He later obtained his birth documents that carried his 2001 birth year from Dundee Clinic in KwaZulu-Natal.

“In my view, the common cause evidence does not support allegations of fraud against Pretoria Callies,” said Nyman SC in her ruling.

“Mr Sithole’s undisputed evidence was that he had not disclosed the change in his ID to Pretoria Callies prior to his registration with the club during October 2023. Pretoria Callies had correctly complied with the registration requirements and had therefore permissibly fielded an eligible player.”

“In the result, Pretoria Callies should be found not guilty of the charge and the charge should be dismissed,” read the ruling.

“Mr Sithole had applied for his new ID in 2019. Prior to the commencement of his stint as a professional player,” said the arbitrator.

“His explanation that he had to change his ID No because Home Affairs had issued him with an ID that carried the wrong birthdate was reasonable.”

“I should, therefore, find Mr Sithole not guilty of the charge and dismiss the charge against him. In the result, the charges against the First and Second Respondents are dismissed with costs.”

Sithole is reportedly on the verge of joining DStv Premiership club Chippa United.

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