Football a legal battlefield

The MTC Namibia Premier League (NPL) has hit back at the Fifa Normalisation Committee (NC), saying it will not reinstate Young African in the premier league. By yesterday, the two parties confirmed that they had reached an agreement at an emergency meeting held on Tuesday. This follows a decision made by the normalisation committee that the Premier League should reinstate the club until an appeal committee was in place. The committee referred to Article 53, which states that the NFA Appeal Committee is responsible for hearing appeals against decisions by the NPL Disciplinary Committee. The committee also relied on Article 54, which states that the Dispute Resolution Chamber was not in place when the club was relegated. In a letter dated 23 April, the league questioned the normalisation committee's powers to order the league to reinstate the club.It cited Article 55 (1), which states a team that is found guilty may be issued a warning, a reprimand, a fine, or the return of awards. The league further cited Article 59, which states that a member will be responsible for all acts or omissions of its officials, shareholders, members, employees, players, supporters and any other person directly or indirectly associated with it.“On 6 March 2019, you wrote a letter in parallel terms to the legal practitioners of Young African FC in support of their application in Court. “We disregarded it and dealt with the matter in court. You write this letters even though you are still a chairperson of the NPL Legal Committee (sic)” the letter reads.The NPL informed the normalisation committee that the letter written to them was from a member (Franco Cosmos) who is also on the NPL's disciplinary committee. They therefore deemed the letter as unprofessional and contradictory to the constitution of the NFA and the NPL. “We highlight the above to alert you that you have compromised yourself and now threaten to do the same with the NC. “In any event, there is no substance or merit in your letter. We take no issue with Articles 53 and 54 which you rely on. “However, we find it strange that failed to engage provisions of Article 55(1) and 59 (2), at all in your letter.“We draw your attention to Article 55 (1) and inform you that Young African FC was notified of the Disciplinary Committee's decision of 5 December 2018.” The NPL further questioned the legal knowledge of the person who wrote the letter. “Even if you strain your misconceived but hopeless contention, which we deny, Article (59) 2 serves as a clear impediment to your none-existent common law.“Lastly, kindly but urgently inform us where you or the NC derives the powers to instruct the NPL?” Last month, the High Court dismissed an application bought by Gobabis-based Young African because of technicalities. It was the second time in less than a month that the court had struck the matter from the roll.The Namibia Premier League's disciplinary committee had found Young African guilty of registering Zimbabwean player Tapiwa Simon Musekiwa with a fake identity document last season. This resulted in the club being demoted from the league and being fined N$50 000. The club is now asking to be granted full NPL status and rights while the Namibia Football Association (NFA) re-establishes its judicial structures. On 30 January, Young African lodged an appeal with the NFA appeals committee. Their appeal fell on deaf ears after former NFA secretary-general Barry Rukoro wrote a letter to Young African indicating that the NFA had no structures. He suggested that the club skip the internal remedy and lodge a direct appeal to the Court of Arbitration for Sport in Lausanne, Switzerland. It was for this reason that Young African decided to take the matter to the High Court, given the absence of judicial structures in the country's football governing body.After the court's ruling, the club held talks with the normalisation committee pleading for their reinstatement in the league until a disciplinary committee was in place. NPL CEO Harald Fuller yesterday confirmed that the two parties held a meeting on Tuesday evening to iron out the issues. “We agreed to work together to ensure that football becomes the winner. “The NPL is also not mad at the committee but we just stated facts that are in the constitution.” Promotion and relegation It was also resolved that there will be a promotion and relegation despite an earlier decision made by the normalisation committee.A task force from the NPL and NC committee will be appointed to oversee and find workable ways for the relegations and promotions to take place.

Football a legal battlefield

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Namibian Sun 2025-05-07

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Football a legal battlefield

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Namibian Sun 2025-05-07

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