Whose rules rule?

The question of Mabhudi Khenyeza's eligibility to play for Mpumalanga Black Aces has thrown up an interesting legal debate in an area in which the rules are not specific and in which a judgment in a case that might be brought against the club could come down to interpretation.

The Premier Soccer League's rules on the matter seem to favour Aces and their decision to use the banned striker against Kaizer Chiefs at the weekend.

But the PSL rules are contradicted by those of the SA Football Association, so any decision on whether Khenyeza can play while his appeal against a 12-month ban is still to be heard could be judged on intent and motive and not just on a strict reading of the rules.

The PSL, by its own admission, is not sure what to do about Aces fielding Khenyeza in Friday's opening match of the season. The league must wait for Chiefs to follow up the protest they dramatically filed before the kick off of the match at Mbombela Stadium.

Chiefs had their objection to Aces fielding their new striker typed and ready for signing by the opposing captain and match officials. Khenyeza was banned in June for a year for spitting at a linesman.

But Chiefs won the match so it is not clear if they were going to proceed with the protest, which had to be lodged by last night along with a R10000 fee.

If the protest is lodged, the league will charge Aces with fielding an ineligible player and an interesting legal debate will ensue.

Chiefs could be awarded a 3-0 win if Aces are found guilty, but the PSL rules seem to be on Khenyeza's side. Rule 58 says that he can continue playing while he is appealing his sentence.

But Safa's disciplinary code contradicts the PSL's rule 58, stating that an appeal process does not suspend punishment except in the instance of a monetary fine.

Safa rules take precedence over those of the league, which warned Aces before Friday's match that its interpretation was that Khenyeza could not play.

The league, in remarks ascribed to CEO Brand de Villiers, said at the weekend: "Mpumalanga Black Aces were advised in writing prior to the kick-off that Khenyeza was under suspension and that, according to our understanding of the Safa disciplinary code, the effect of lodging an appeal does not cause the disciplinary sanction to be suspended pending the appeal.

"Once we have received the necessary reports the league will consider further steps in accordance with our constitution and rules."