Still one throw of the NPL dice left
The NPL was yesterday dealt a bitter blow following the Court of Arbitration’s decision to dismiss the league’s suspension appeal.
JESSE JACKSON KAURAISA
WINDHOEK
The Namibia Premier League (NPL) says it is hopeful of keeping its status, even after the Court of Arbitration (CAS) ruled in favour of the Namibia Football Association.
In statement yesterday, the NPL executive cited the application to acquire their professional licence as their last resort.
“Thus, its decision to incorporate in terms of section 21 of the Companies Act 28 of 2004 and subsequent application for a professional license pursuant to section 26 of Namibia Sports Act 12 of 2003, to the Sports Commission of Namibia.
“This application process remains pending with the Appeals Committee. A hearing of the Appeals Committee is schedule for 26 June 2021,” the statement reads.
Big blow
The NPL issued the statement after its efforts to seek reinstatement were dashed by CAS.
The sports court dismissed the case between the expelled Namibia Premier League (NPL) and Namibia Football Association (NFA), court documents revealed yesterday.
The NPL has been seeking relief from CAS after it was suspended as a member of the NFA, following a lengthy standoff between the two parties.
The CAS arbitrator, Luingi Famagali, however, awarded the case to the NPL given that the NPL did not fight the expulsion but a suspension which had already lapsed.
It is for this reasons that CAS did not find any legitimacy or something at stake for the NPL given that it had been already expelled.
“The sole arbitrator notes that according to the settled CAS jurisprudence a party has standing to appeal if it can show sufficient legal interest in the matter being appealed.
“In respect this appealing party must show that it is aggrieved by the appeal decision.
“The questions is not whether the challenged decisions were unlawful or not: the questions regards the current position of the appellant with respect to those challenged decisions whether the appellant is ‘entitled’ to challenge them in order to defend a direct, personal, actual and legally protectible interest,” court documents read.
As a result of the expulsion from the NFA, the court found that the NPL no longer had an actual interest in obtaining a declaration of invalidity and the setting at the 28 ordinary NFA congress.
“From a legal point of view, the appellant in its current position, would derive no actual effective advantage by setting aside of the challenged decisions,” the court reads.
The Namibia Premier League (NPL) acknowledged that it has received the letter of CAS arbitral award.
“The CAS arbitral award was forwarded to counsel for advice on possible appeal to the Swiss court’s with respect to the finding that any declaratory relief is ‘academic’. Pending that, we make no further comments herein,” the NPL wrote.
WINDHOEK
The Namibia Premier League (NPL) says it is hopeful of keeping its status, even after the Court of Arbitration (CAS) ruled in favour of the Namibia Football Association.
In statement yesterday, the NPL executive cited the application to acquire their professional licence as their last resort.
“Thus, its decision to incorporate in terms of section 21 of the Companies Act 28 of 2004 and subsequent application for a professional license pursuant to section 26 of Namibia Sports Act 12 of 2003, to the Sports Commission of Namibia.
“This application process remains pending with the Appeals Committee. A hearing of the Appeals Committee is schedule for 26 June 2021,” the statement reads.
Big blow
The NPL issued the statement after its efforts to seek reinstatement were dashed by CAS.
The sports court dismissed the case between the expelled Namibia Premier League (NPL) and Namibia Football Association (NFA), court documents revealed yesterday.
The NPL has been seeking relief from CAS after it was suspended as a member of the NFA, following a lengthy standoff between the two parties.
The CAS arbitrator, Luingi Famagali, however, awarded the case to the NPL given that the NPL did not fight the expulsion but a suspension which had already lapsed.
It is for this reasons that CAS did not find any legitimacy or something at stake for the NPL given that it had been already expelled.
“The sole arbitrator notes that according to the settled CAS jurisprudence a party has standing to appeal if it can show sufficient legal interest in the matter being appealed.
“In respect this appealing party must show that it is aggrieved by the appeal decision.
“The questions is not whether the challenged decisions were unlawful or not: the questions regards the current position of the appellant with respect to those challenged decisions whether the appellant is ‘entitled’ to challenge them in order to defend a direct, personal, actual and legally protectible interest,” court documents read.
As a result of the expulsion from the NFA, the court found that the NPL no longer had an actual interest in obtaining a declaration of invalidity and the setting at the 28 ordinary NFA congress.
“From a legal point of view, the appellant in its current position, would derive no actual effective advantage by setting aside of the challenged decisions,” the court reads.
The Namibia Premier League (NPL) acknowledged that it has received the letter of CAS arbitral award.
“The CAS arbitral award was forwarded to counsel for advice on possible appeal to the Swiss court’s with respect to the finding that any declaratory relief is ‘academic’. Pending that, we make no further comments herein,” the NPL wrote.
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