Ajax Cape Town striker Tendai Ndoro remains in limbo after his case against a PSL arbitrator decision on his eligibility was dismissed at the South Gauteng High Court yesterday.
Ndoro and Ajax had made an application to set aside the decision taken by arbitrator Nassir Cassim SC that the PSL's Dispute Resolution Chamber did not have jurisdiction over his case and so effectively barred him from playing further for the club.
The matter will now go to Safa for arbitration after Fifa referred it to them. In January the DRC had ruled in Ndoro's favour, making him eligible to play for Ajax despite having played for two other teams in one season. This is against Fifa statutes.
Judge David Unterhalter said: "Mr Cassim found that the DRC lacked jurisdiction. That conclusion cannot be faulted. Although, the interpretative route by which I have come to share that conclusion is not entirely the same as that of Mr Cassim, that can make no difference to the ultimate result of the review brought by the applicants.
"If Mr Cassim was correct in his conclusion as to the jurisdiction, as I find he was, then the applicants' review must fail because the review grounds relied upon, including mistake of law, cannot be sustained in light of this finding."
Ndoro is now set to miss the remainder of the season.