Royal AM’s lawyers: PSL can be in contempt of court if DC continues
Royal AM have stated their intention to ask for a postponement of their hearing in front of a disciplinary committee (DC) on Saturday‚ but Premier Soccer League (PSL) prosecutor Nande Becker says he will oppose it.
Royal’s legal representatives have sent a letter to Becker stating their opinion that the National Soccer League (NSL)‚ of which the PSL is the trading name‚ could be in contempt of court continuing with the DC.
Durban club Royal have been charged regarding four playoffs matches they did not honour in the PSL’s promotion-relegation playoffs. On Friday they sent a letter‚ which TimesLIVE has seen‚ to Becker cautioning the prosecutor not to proceed with the DC.
The letter‚ sent by Royal’s legal representative‚ Mabuza Attorneys‚ states that‚ in relation to a phone call made to Becker on Thursday afternoon:
“Mr [Eric] Mabuza requested that the disciplinary hearing scheduled for Saturday July 17 be postponed sine die due to the fact that the very charges which our client is called upon to answer form part and parcel of the matters which were argued before the Honourable Judge Windell in the urgent application heard on July 14‚ and in respect of which judgment was reserved.
“Mr Becker indicated that he was aware of the proceedings which are pending before the Honourable Judge Windell. Notwithstanding our impassionate appeal to have the hearing postponed‚ Mr Becker has indicated that the NSL intends to proceed with the disciplinary hearing on July 17.
“We submit that it would be imprudent and grossly unreasonable to continue with the disciplinary hearing in these circumstances‚ more so given the fact that our client has already sought inter alia an order to have the Acting CEO [Mato Madlala] of the NSL held in aggravated contempt of court for the very conduct of charging our client [in front of Judge Windell on Wednesday].
“To put it bluntly‚ the NSL would be continuing with the contempt of court if it were to proceed with the disciplinary hearing …‚ alternatively the NSL will be pre-empting and/or prejudging the outcome of the judgment reserved by her Ladyship‚ which in itself constitutes further contempt of court.
“The purpose of this letter is therefore to once again request you to reconsider your position and course of action given the seriousness of the issues raised in this matter.”
Becker said Royal have every right to ask for a postponement of the DC once it starts on Saturday.
“The formal response is as follows: the prosecutor has received a copy of the letter dated July 16 from Mabuza attorneys acting on behalf of Royal AM FC‚” Becker told TimesLIVE.
“This letter was sent after a telephone conversation on July 15‚ at 2.25pm yesterday [Thursday]. The letter requested a postponement.
“As indicated telephonically to Mr Mabuza the prosecutor is of the view there is no basis for a postponement and the matters are to proceed.”