Betway Premiership side Marumo Gallants are set to appear before the Premier Soccer League (PSL) disciplinary committee on Thursday on charges of fielding an ineligible player, midfielder Monde Mpambaniso.
Cape Town City, who have been relegated to the Motsepe Foundation Championship – the second tier of SA football, have filed a protest alleging that Mpambaniso was not properly registered by Marumo Gallants, and initially, the league declined to prosecute.
However, Cape Town City took the matter further with the SA Football Association (SAFA), whose arbitrator, Nazeer Cassim, ruled in Cape Town City’s favour that the PSL should investigate the matter.
“I considered the reasoning of the (PSL) Prosecutor that no purpose may be served in prosecuting Marumo Gallants or any other party for lack of the issuance of a clearance certificate,” said Cassim in his recent judgment.
“This may not be in the interests of the League, particularly where the purpose of a clearance certificate is to ascertain whether the player has been cleared by his former club or not. From all accounts, he has been cleared, and this is why his present club registered him as a player in the PSL,” noted Cassim.
“I do not think the omission to do so necessarily triggers rule 58.1 of the NSL Handbook, which provides as follows: ‘Ineligibility: If a player takes part in a match (he is on the team sheet, on the field of play, or on the substitutes bench at any time) despite being ineligible, the Member Club which fielded him will be sanctioned with a forfeit of the match and a minimum fine of R100,000. The player may also be sanctioned”.
“Whilst I conclude that there should be a prosecution, I do not prejudge as to whether there is misconduct,” added Cassim.
The bone of contention is that when Marumo Gallants sold their second-tier status to Leruma United last year and then acquired Moroka Swallows’ top-flight status, a new club was effectively formed.
In simple terms, Mpambaniso should have remained with Leruma United, and if he moved from Leruma United to the new Marumo Gallants (in the Betway Premiership), there needed to be a clearance issued. He also would have had to sign a new contract with the new entity.
Mpambaniso played 20 league matches for Marumo Gallants last season and was an unused substitute a further six times, which means he participated in 26 league matches.
What could be the outcome?
As per the league rules, each game in which an ineligible player is fielded results in a 3-0 forfeit and a minimum R100,000 fine. That’s potentially 26 separate charges, as explained by Kabelo Mashigo of K4 Alchemy Consult to football publication Soccer Laduma.
That could mean 26 matches forfeited, with points deducted accordingly, depending on the match outcomes, and that’s a minimum of R2.5 million in fines.
Should Marumo Gallants be docked points, that would open a can of worms for the PSL.
In that case, Marumo Gallants would finish 15th, and Cape Town City, who occupied this position and participated in the PSL Promotion/Relegation Playoffs, would then be reinstated to the big league in 14th position, which means they’d survive relegation.
The playoffs have already been decided, with Orbit College winning promotion to the top flight.
Therefore, the outcome of today’s case may have a devastating effect on the PSL, with further legal matters on the horizon.
The season kicks off on Saturday with the MTN8 Quarter-finals, and the Betway Premiership will then follow on 9 August.
