Cape Town City could be facing a hard time in trying to prove why Marumo Gallants needs to be docked points and return to the Betway Premiership after their appeal for prosecution was granted.
The Citizens appealed to the SAFA Arbitration Tribunal after the PSL decided not to prosecute the matter involving Gallants not filing a clearance certificate for Monde Mphambaniso.
After Gallants bought the status of Moroka Swallows and therefore also sold their National First Division franchise to Leruma United.
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The Bloemfontein side had to obtain clearances for players they retained from the NFD before they could be registered with the PSL but in the case of Mphambaniso, they did not provide a clearance certificate before his registration, which is against the registration rules.
Even though SAFA Arbitrator Nazeer Cassim granted City their appeal to have the matter prosecuted by the League's Disciplinary Committee, Cassim conceded also that this is not a case of "ineligibility", which the Citizens would be arguing it is.
"I considered the reasoning of the Prosecutor that no purpose may be served in prosecuting Marumo or any other party for lack of the issuance of a clearance certificate," Cassim said in his award comments.
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"This may not be in the interests of the League particularly where the purpose of a clearance certificate is to ascertain whether the player has been cleared by his former club or not. From all accounts, he has been cleared and this is why his present club registered him as a player in the PSL.
"I do not think the omission to do so necessarily triggers rule 58.1 of the NSL Handbook, which provides as follows "ineligibility: If a player takes part in a match (he is on the team sheet, the field of play, or on the substitutes bench at any time) despite being ineligible, the Member Club which fielded him will be sanctioned with a forfeit of the match and a minimum fine of R100, 000. The player may also be samcfioned," Cassim said.
Cassim, however, warned in his closing remarks, that, "Whilst I conclude that there should be a prosecution, I do not prejudge as to whether there is misconduct...".
It is likely that the Mother City club could appeal to the High Court should the PSL D.C. not deem the non issuance of clearance certificate of Mphambaniso as a misconduct, a matter which could delay the restart of the league.
