Eric Rosen takes PSL to court

Augustine Hwata Sports Reporter
THE impending Castle Lager Premier Soccer League elections could be thrown off the rails after Motor Action director Eric Rosen filed an application at the High Court yesterday, which could cripple the process.Rosen, who was an executive committee member in the Premier Soccer League, is seeking an order through the High Court, that compels the league to release minutes of the previous meetings held towards the end of last year.

The Mighty Bulls director did not attend the recent meeting where the PSL clubs were realigning their constitution to the recently adopted Zifa charter last weekend and moved to fill his position in the PSL following the relegation of his club.

But Rosen feels that there are glaring flaws in the administration at PSL since he has not had sight of some of the minutes complied during his tenure, as enshrined in the constitution.

Under case number HC 1671/14 filed with the High Court, Rosen’s move has the potential to stall the PSL elections, if his wish is not granted soon.

In his application, Rosen cited the PSL as the First Respondent while league chief executive Kenny Ndebele is the Second Respondent.
“There are certain issues that need to be addressed before the PSL board gets new people. All I want are the minutes and then I will take my next step after that,” said Rosen.

Rosen hinted that he could be forced to approach the High Court to stop the PSL elections, until the relief he has cited in the application has been provided.

“My team has been relegated but we need to know what we are getting from the PSL and what is also due to me for my tenure as an executive board member.

“All I want is to move away so that I have a new beginning outside football administration and they also go forward,” said Rosen.
Part of his affidavit reads:

“In terms of the previous constitution I was entitled, in my capacity as the board member marketing, and nominated Governor representing Motor Action Football Club to the provision of the minutes of the Executive Committee Meeting that was held on Friday 22nd November 2013 as well as the Minutes of the Board of Governors of the Special General Meeting held on Saturday 7th December 2013.

“I attended both meetings in my capacity as the Board Member Marketing in the Executive Committee. In terms of the previous constitution that is legally binding marked ‘Annexure B’ states that ‘Minutes of the Executive Committee Meeting will be circulated to the Board of Governors, within seven (7) days from the date of the meeting.’

“Articles 21.6 and 22.6 both marked ‘Annexure C’ state that ‘Minutes of every annual general or quadrennial general meeting will be available for inspection by the clubs at the offices of the League within thirty (30) days of the completion of the meeting, and must be circulated to the clubs within such time’.”

Rosen said he had made several attempts, through Ndebele, to get the minutes without success and has been left with very little option but to approach the High Court.

“Up to the present moment I have not been provided with the minutes of both meetings despite making e-mailed requests to the Chief Executive Officer of PSL on 8th January 2014, 4th February 2014, and in a letter dated 9th February 2014 which are attached and marked ‘Annexure D’.

“The e-mails and letter have not been acknowledged and I have not been provided with any reasons for failure to provide the minutes as enshrined in the constitution.

“I have indicated to the Chief Executive Officer that the minutes are required to finalise all issues pertaining to the club’s participation in the League as well as my own tenure as the Board Member Marketing. I have noted that I was not invited to the meeting that specifically dealt with the amendments to the constitution and I have not received the monthly allowance afforded to the Executive Committee from January 2014 as evidence that my position as a member in the executive committee has been terminated,” says Rosen.

The PSL clubs are expected to hold a general meeting on Wednesday ahead of their elections on March 15 where incumbent board chairman Twine Phiri of CAPS United will battle against Kenny Mubaiwa of Dynamos.