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Ricky Zililo, Senior Sports Reporter
THE Ministry of Sport and Recreation is prioritising the establishment of a sport and recreation arbitration and conflict resolution facility that will deal with disputes arising within associations.
Sport and Recreation Minister Makhosini Hlongwane described the setting up of a local Court of Arbitration for Sport (CAS) as vital for the growth of the sport industry.
He said the process of establishing a quasi-judicial body was in motion.
“We started the process long back before the Zifa/PSL impasse. Our view as a ministry is that the top priority is to have a sport and recreation arbitration and conflict resolution facility. This is crucial for institutional development of the sport industry. This will facilitate quick resolution of disputes,” said Hlongwane.
The Zifa/PSL relegation and promotion impasse has led to calls for the setting up of a local CAS that will ensure a smooth and quick conflict resolution.
In October 2016, Zifa councillors reneged on a 2015 resolution to relegate two PSL teams and promote two clubs from the lower divisions into the topflight.
Because of the absence of a local body responsible for resolution of sports conflicts, the PSL took their case to the Switzerland-based CAS, only to withdraw last month after clubs felt that forking out 17 000 Swiss francs to CAS was a waste of resources.
The league ended up succumbing to the Zifa councillors’ resolution, promoting four teams and in the process increasing the number of clubs in the PSL from 16 to 18.
Prohibitive costs that forced the PSL to withdraw its case from CAS can be avoided in future should the Ministry of Sport and Recreation’s move to set up a local conflict and resolution body come to fruition.
Hlongwane said there are two options in setting up the proposed conflict resolution body.
“Under the new Act that (setting up of CAS) has been provided for so that it is legally backed by legislation. Secondly, there is a group of people that have taken an initiative of having such an arm of sport.
“The group has Muchadeyi Masunda, a member of the International Court of Arbitration,” said Hlongwane.
Chronicle Sport has it on good authority that the volunteers spearheading the establishment of such a conflict and resolution body include Masunda, former Sports and Recreation Commission (SRC) director-general Charles Nhemachena and a number of lawyers with sports industry experience.
A member of the steering team said: “As volunteers we just want to help the sports industry through setting up of the conflict resolution board.
Consultations involving lawyers and sports administrators started sometime last year and it’s all being done to improve sports administration.
“From sports administrators and former sports administrators’ contributions, it was noted that people in the sports industry are distracted by focusing on wrangles while sport suffers.
“What was also suggested is that in the process of legalising this body, there is need to identify and train arbitrators. Masunda was viewed as a key resource person because of his experience as an arbitrator.”
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