SOCCER — FOLLOWING the verdict that found Mbabane Highlanders guilty of inciting chaos, the capital city giants have officially launched a legal counter-offensive.
The Black Bull have formally appealed the Eswatini Football Association (EFA) Disciplinary Committee (DC) ruling which saw the club slapped with a hefty E50 000 fine for scenes of mayhem at the Mavuso Sports Centre.
Represented by lawyer Nkosingivile Dlamini of Dynasty INC. Attorneys, the club filed an urgent notice of appeal to the EFA Appeals Board. This move seeks to overturn the ex-tempore orders handed down by the Thulani Sibandze-led DC at Sigwaca House on Tuesday evening.
While the club was initially convicted on three counts which are pitch invasion, assaulting a referee and the throwing of missiles—which led to the abandonment of their Ingwenyama Cup last 16 clash against Nsingizini Hotspurs, the legal team is now challenging the very foundations of that judgment.
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The club’s primary contention begins with the validity of the evidence used against them. Highlanders argue that the Disciplinary Committee acted improperly by accepting match reports as definitive proof when those documents lacked the necessary signatures and were not properly verified by their creators.
As stated in the notice of appeal:
“The Disciplinary Committee erred in fact and law in holding that the match officials were authentic and conclusive regardless of the fact that some were never signed by the authors thereof, neither tendered as evidence by the authors thereof.”
Furthermore, the legal team asserts that the DC ignored clear procedural mandates regarding the testimony of officials. They maintain that the rules explicitly require referees to be present during such hearings, a protocol they claim was bypassed in this instance.
“The DC erred in law and in fact by holding that referees do not appear before the DC when the rules clearly provide the same,” the appeal notes.
In a direct challenge to the merits of the conviction, the club argues that the guilty verdict was reached despite a total lack of supporting evidence presented during the hearing. They contend that the decision was essentially baseless.
“The DC erred in fact and in law by finding Mbabane Highlanders FC guilty when there was no evidence presented in support of the verdict.”
Perhaps the most explosive element of the appeal involves allegations of a conflict of interest.
Highlanders claim to have discovered that the DC chairperson was an active participant in a WhatsApp group where the details of the case were being discussed prior to the ruling.
Involvement
The club argues that this social media involvement should have led to an immediate recusal to ensure impartiality.
“The DC erred in law by allowing the chairperson of the DC to proceed to chair the DC even in the face of his conflict of interest in the matter. The chairperson ought to have recused himself in the matter even mero-motu.”
Finally, the club is contesting the financial penalty itself, asserting that the E50 000 fine is unjustified as no evidence was produced to link the club directly to the offences committed.
The appeal concludes on this point:
“The DC erred in law and in fact by ordering that the team Mbabane Highlanders should pay a sum of E50 000 regardless of the fact that there was no evidence linking the team to the commission of the offences.”
Looking ahead, Highlanders have requested permission to supplement their appeal once they receive the full written ruling from the Disciplinary Committee.
The ultimate goal for Landers is to have the current judgment completely set aside, charges dismissed and a replay of the abandoned match against Nsingizini Hotspurs ordered.
