Why Downs were not docked points

KickOff.com looks at what led to Advocate Joe Nalane’s rulling in the PSL Disciplinary Committee case involving Mamelodi Sundowns and Wayne Arendse.

READ: Downs escape points deduction

The League, through its prosecutor Nande Becker, called for a similar sanction to previous cases, notably that of Mamelodi Sundowns reserve team player Thabang Sibanyoni, who was an ineligible player in an MDC match that was initially won by the club in December 2016, that saw the sanction awarding the match to the opposition, Chippa United with a 3-0 scoreline.

The League also submitted reference to the case involving Ajax Cape Town and Tendai Ndoro, the outcome of which was decided by arbitration agreed to by the League and the clubs involved, that saw a similar sanction handed down.

Nalane, however, noted that although this DC “may have regard to previous awards, [it] is not bound thereby and is at large to impose whatever sanction it deems appropriate.”

He further added that, “this case was by no means a straight forward one and the respondents were justified in arguing the matter.”

Meanwhile, Sundowns argued that the opposing team was notified of and consented to the change, as well as the match commissioner and officials (referee), and submitted that a warning or reprimand would be an appropriate sanction.

Nalane, taking into account previous, similar cases, therefore judged that, “had the match commissioner been vigilant, he should have had regard to the rules, of which he is the custodian at the match, and disallowed the fielding of the Second Respondent [Arendse].

“After all, Article 21.1.2 of the constitution of the League provides that the commissioner will have authority to act on behalf of the League in relation to the Member Clubs compliance with the NSL Handbook.”

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