adminSports Reporter
HERENTALS could win their bid to retain their domestic Premiership status on a technicality, thanks to the provisions of the FIFA Disciplinary Code, in the wake of the extension of the national lockdown by a further two weeks.
The country, like virtually every nation across the globe, is battling the COVID-19 outbreak and authorities have come up with measures, including a national lockdown, to try and tame the pandemic.
The domestic football season was first forced into a two-month hold, due to the nationwide lockdown, and will now have to shelve its programmes by, at least, another two weeks.
The Students took their case to the ZIFA Appeals Committee to challenge their ouster from the top-flight league, for taking football matters to ordinary courts.
Herentals were expelled from the Premiership by the Premier Soccer League disciplinary committee last month after they were accused of breaching the league’s regulations by taking football matters to ordinary courts.
The Students dragged the PSL to the High Court as they challenged the league’s disciplinary committee not to afford them a chance to have legal representation in their match-fixing case.
The team was subsequently found guilty, and had three points forfeited from their 2019 points tally, which meant they would have to drop out of the top-tier league.
The judgment was, however, overturned by the ZIFA Appeals Board which picked some gross omissions in the process to convict and punish the club.
At the beginning of the month, ZIFA communications officer, Xolisani Gwesela, revealed that “the appeal hearing will be done after the lockdown.”
This was also confirmed by ZIFA Appeals Board chairman, Harare lawyer Stead Kachere.
But, after the extension of the lockdown by another two weeks, the case could collapse on a technicality.
With domestic football’s disciplinary code not providing any timeframe, in which a case, which would have been decided by the disciplinary committee should be concluded at the Appeals Board, the guidance has to be provided by the FIFA Disciplinary Code.
The Appeals Board, unlike the primary disciplinary board, is considered to be a special organ of the judicial bodies because, in some instances — where parties decide not to take their cases to the Court of Arbitration for Sport, given the huge costs involved – their decision is final.
That’s why, according to the FIFA Disciplinary Code, the process has to be completed within a specific time frame, and once an appeal is noted, a decision has to be passed by the Appeals Committee within 30 days.
The FIFA Disciplinary Code deals with that in Article 31 which says:
(1) The chairman delivers his decision immediately.
(2) That decision is implemented immediately.
Article 132 deals with the duration of the process and says:
(1) Provisional measures may not be valid for longer than 30 days.
(2) This period may be extended only once by 20 days.’’
(3) If a sanction has been pronounced provisionally, the duration shall be offset against any final sanction
Given the expulsion of a ZIFA Member, like a Premiership club, is considered provisional, given that it has to be endorsed by the Assembly, the decision by the PSL disciplinary committee to expel Herentals from the top-flight league falls within that category.
It is, therefore, covered under the FIFA Disciplinary Code, in terms of the duration in which the hearing should be concluded.
Even if the ZIFA Disciplinary Code had a provision, which gives doesn’t provide an extended timeframe for the conclusion of such a case, once it is noted by their Appeal Board, such a provision would be declared null and void.
Associations cannot have rules and regulations which are in conflict with those used by FIFA to run world football and, in such isolated cases, the provisions of the world football governing body take precedence.
Otherwise, such a scenario would have seen associations having provisions that allow for their matches to feature 100 players, either side, and to be played for days, rather than the 90 minutes provided for by FIFA.
Herentals filed their appeal on March 27 and, with the lockdown now extended to, at least, May 3, it means more than a month would have passed before their case has been heard.
Even if the lockdown is lifted on May 3, it’s unlikely to see the issue being dealt with within a week — given the board has other issues it has to deal with first — and the 20-day allowance will also not be met.
Online Reporter