JOHANNESBURG - The 2018/19 season will start as scheduled on August 4 after Ajax Cape Town withdrew their urgent application to interdict its start.
The Urban Warriors were looking to interdict the start of the Premier Division that won’t feature them as they are technically a National First Division team after Advocate William Mokhari found them guilty of misconduct on five charges relating to the fielding of Tendai Ndoro, who was deemed ineligible.
Mokhari awarded Platinum Stars, Polokwane City and SuperSport United three points for the games against Ajax in whcih Ajax fielded the Zimbabwean, which resulted in the Cape club's automatic relegation.
Ajax fought that matter and Judge Denise Fisher set aside Mokhari’s ruling, arguing that he didn’t have the jurisdiction to rule on the matter since it included an international transfer as one of the three clubs that Ndoro played for was Saudi Arabia's Al Faisaly after starting the season at Orlando Pirates.
Judge Fisher referred the matter to the Fifa Player’s Status Committee. The PSL appealed that decision and in a marathon of court proceedings on Thursday Judge Fisher granted them leave to appeal. The appeal will be heard in front of a full bench of judges as an urgent matter.
The PSL lawyer, Denis Sibuyi, succinctly explained what happened on Thursday in the three issues that were heard by two judges at the South Gauteng High Court. Judge Mudau heard the Urban Warriors’ urgent interdict that didn’t materialise.
“We had three applications,” Sibuyi said. “The first application was an application for leave to appeal which was brought by the league. The second application is what we call Section 18 application which was brought by Ajax.
PSL Media Statement: pic.twitter.com/uDhXeC8asF
"The purpose of that section is that even if the league is successful in getting the leave to appeal, the decision of Judge Fisher should remain. In a sense that even though you have a right to appeal that decision that has been given by the judge, which is being appealed, stands. And then the third application that we had was an application brought by Ajax to interdict the commencement of the league which is due to commence on the 3 and 4 August."
Sibuyi continued: “The first matter that was called by the court was the application for leave to appeal that was brought by the PSL. The court gave the PSL the right to appeal. That application was successful. The PSL has a right to appeal to the full bench. By full bench we mean three court judges which the judge president is going to put together before the very same court.
"The second application that was meant to be argued is the interdict application where Ajax wanted to interdict the start of the league. Ajax withdrew that application which means it doesn’t exist anymore. Ajax tendered the cost for that. What does it mean? It simple means that the league will commence. The Board of Governors took a decision that the league will go ahead. It will go ahead. Ajax also withdrew the section 18 application and have tendered the wasted costs.”