Cape Town Spurs have filed a review application with the SAFA Arbitration Tribunal following the declaration of Asanele Velebayi as a free agent. FARPost looks at what the PSL Handbook says about the Mother City club’s next steps and what it means for the 22-year-old winger.
Velebayi was announced as a Kaizer Chiefs player on Tuesday, just a day after the PSL Dispute Resolution Chamber ruled that his contract was no longer valid.
This development comes amid CT Spurs’ consecutive relegations, first from the Betway Premiership and now to the ABC Motsepe League. The player’s representatives maintain that a professional contract no longer binds him.
WHAT DOES SPURS’ NEXT MOVE MEAN FOR VELEBAYI
According to the NSL handbook’s clause 23:4:1, a party may “launch an appeal or bring a review before the SAFA Arbitration Tribunal where the Dispute Resolution Chamber has determined a dispute…”
Clause 23:4:2 further says that “rulings or awards of the Dispute Resolution Chamber are only subject to appeal or review before the SAFA Arbitration Tribunal.”
The Handbook outlines the procedures for referring and resolving disputes through the Dispute Resolution Committee [DRC]. It demands that “parties’ fundamental procedural rights are guaranteed, including the right to be heard, the right to equal treatment, the right to examine the Dispute Resolution Chamber file, have evidence taken and receive a reasoned decision.”
CT Spurs have expressed their dissatisfaction with the ruling, arguing that it was an incorrect decision and that the reasoning behind it is not legally sustainable. They believe the judgment reflects a poor understanding of both the law and how football operates.
Clause 24.4 states: “An appeal against an order of the Disciplinary Committee will not suspend the operation of that order pending the finalisation of any appeal or arbitration in respect of that order. An appeal against an order of the Dispute Resolution Chamber will suspend the operation of that order pending the finalisation of any appeal or arbitration.”
This means his contract with Amakhosi doesn’t kick in as yet while the appeal is being reviewed. The CT Spurs captain will have to wait a little longer before he makes his debut with the Soweto giants.
RELATED STORY: Kaizer Chiefs bolster squad with seventh new signing