Marumo Gallants have argued that their legal event hosting partnership agreement with the Polokwane Municipality was only for the 2021/22 Premier Soccer League season and insists they are within their rights to move their DStv Premiership match against Kaizer to Royal Bafokeng Stadium.
This was revealed in their answering avidavit filed to the Limpopo High Court in their legal war with the Polokwane Municipality.
The Municipality are seeking an urgent order to interdict the league match between Gallants and Chiefs set for Sunday, 11 September in Phokeng and also want that match to be declared unlawful. They accuse the club for a breach of contract.
Marumo are the first respondents on the matter, Kaizer Chiefs second, PSL and Computicket, third and fourth respondents respectively.
“In August 2021, Marumo Gallants and Polokwane Municipality (“the Parties”) 19 entered into the Agreement, in terms of which it was agreed that Polokwane Municipality would stage Marumo Gallants’ 15 home Premier Soccer League fixtures for the 2021/2022 season. This was recorded in clause 1.2 of the Agreement,” the club wrote on their avidavit seen by FARPost.
“Thereafter, Marumo Gallants played their first three home fixtures of the 2022/2023 season at the old and new Peter Mokaba stadia. The fact that these fixtures were played at the Peter Mokaba stadia did not entitle Polokwane Municipality to the exclusive right to have Marumo Gallants play the remaining home fixtures of its Premier Soccer League seasons in Polokwane.
“Realising that it was not economically viable to host the home games at the applicants stadiums, I negotiated a new arrangement with the Royal Bafokeng Stadium to host the 1st respondents home games at their stadium. This arrangement would result in the 1st respondent receiving 100% gate takings and an additional sponsor of R3.5 million from the North West department of sports arts and culture,” read the avidavit signed by club Chairman Abram Sello.
WHAT THE PSL SAYS
In a response to the Municipality Attorneys dated, Wednesday, 8 September, the Premier Soccer League explained why it would be impossible to change or postpone the fixture scheduled for Sunday and why they should not be drawn into a tussle between the Municipality and their client.
“It is not possible for the League to simply change the match venue now, for a match fixture on the 11th of September 2022 in respect of which all arrangements are in place; No provision in the NSL Handbook empowers the League to do so under these circumstances; meeting the safety and security requirements of SASREA and
the League’s own safety and security manual2 could not be dealt with timeously even if we could; and all manner of arrangements for a match of this magnitude will already be in place,” the League said through their legal counsel Michael Murphy.
“This is already a compressed season, due to the impact of the FIFA World Cup Qatar
2022. Rescheduling matches is not the simple matter that some think it is. The knock-
on effect of a postponement is difficult to exaggerate and impacts the entire fixture in
circumstances where it is already difficult to complete the season.
“The start and end dates for the professional season are fixed, they are provided to, and
approved by, SAFA and FIFA, there are only so many slots available for matches. The
notion that a match can simply be rescheduled is incorrect, with respect,” continued the PSL.
“For all of these reasons, and as we have already explained, and we say this again with
respect, it is reckless to demand that the match venue, for a match on September 2022 be changed now.”
The Municipality have also made claims that during a meeting with the club on 1 September, Marumo demanded that the Municipality pay the club an amount of R10 million in order for them to reinstate the fixture in Polokwane.
“While Marumo Gallants appeared not averse to reinstating the match to the Peter Mokaba stadium, but they imposed a condition that the Applicant pay Marumo Gallants R10 000 000 (Ten Million Rands). The unlawful R10 000 000 demand was requested by the Marumo Gallants on the backdrop of an unlawful offer of R4 000 000 (Four Million Rands) and other incentives, that Marumo Gallants claimed to have received from Kaizer Chiefs to move the game from New Peter Mokaba stadium to Royal Bafokeng Stadium. But nothing turns on this.
The proposal to pay the First Respondent R10 000 000 or any money was rejected because we have a binding contract whose terms did not involve such additional and unlawful demands,” said the Municipality.
“Altematively, and regrettably so, a postponement of the game is necessary, and we encourage PSL to support this proposition to avoid any further
confusion clouding this upcoming game. This will allow proper ventiliation of the issues between the parties. This is after all, an alternative prayer in our Notice of Motion.”
The matter is set to be heard at the Limpopo High Court at 14:00.
