With a Premier Soccer League (PSL) disciplinary committee (DC) racing against time to conclude a case against Monde Mphambaniso, whose registration is in question, his team Marumo Gallants could be counting on a precedent from three years ago to remain in the Betway Premiership.
In 2022, Lamontville Golden Arrows were found guilty of fielding a defaulter, Simo Mbhele (now known as Luthuli), but the club did not have any points deducted.
Arrows fielded Mbhele (now known as Luthuli) in seven league games despite him not having an international transfer certificate. Then PSL prosecutor Zola Majavu said docking of points “would be inappropriate”, instructing both parties to only pay for the costs of two sittings.
Marumo, who finished 10th in the Premiership last season, will hope they have similar luck, even as Cape Town City won an arbitration award on Monday that the Western Cape side hope could reinstate them in the top flight at the expense of the Bloemfontein-based team.
City alleged Gallants violated rule 31.8.9.3 of the NSL handbook, which requires a clearance certificate to be submitted to the league in cases where a player has previously been registered as a professional with a member club.
The South African Football Association arbitration ruled the PSL's disciplinary committee should investigate the eligibility of Mphambaniso, who played in 26 of Gallants' 28 league games last season.
Sports lawyer Mandla Tshabalala has cautioned the precedent set in the Arrows case might not necessarily be helpful in the Mphambaniso matter, saying all the powers rest with the DC to either impose a point forfeiture or monetary fine.
“Previous cases won't necessarily influence the PSL DC's verdict,” Tshabalala said.
“There's a rule that says it becomes a discretion of the chair of the DC to order a forfeiture of points or impose a fine. It's difficult to pre-empt what will happen, but the law allows forfeiture or a fine.”
Mphambaniso, 26, was previously with Marumo when they sold their second-tier status to Leruma United last year to buy Moroka Swallows' top-flight status. Leruma should have issued Mphambaniso with a clearance to remain with Gallants.
It is unclear when the case will be resolved but it threatens to derail the kickoff of the PSL season. The domestic season starts with MTN8 this weekend while the Premiership kickoff is next weekend, when Marumo are set to face Richards Bay FC.
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