Relegated Ajax Cape Town fail to interdict PSL promotion playoffs

18 May 2018 - 16:31 By Sazi Hadebe
Ajax Cape Town CEO Ari Efstathiou (L) chats to head caoch Mushin Ertugral (R) during the club's training session and press conference at Ikamva on May 09, 2018 in Cape Town, South Africa.
Ajax Cape Town CEO Ari Efstathiou (L) chats to head caoch Mushin Ertugral (R) during the club's training session and press conference at Ikamva on May 09, 2018 in Cape Town, South Africa.
Image: Ziyaad Douglas/Gallo Images

Ajax Cape Town’s urgent application to interdict the Premier Soccer League (PSL) promotion-relegation playoffs was dismissed with costs by Judge R M Keightley at the South Gauteng High Court in Johannesburg on Friday afternoon.

This was in relation to the matter of the eligibility of striker Tendai Ndoro‚ and points deducted from Ajax that saw them relegated form the PSL.

The second playoff match between Jomo Cosmos and Black Leopards at Vosloorus Stadiim on Sunday will be played as scheduled.

Ajax had gone to the High Court on Wednesday seeking to interdict the playoffs and also review and set aside arbitrator William Mokhari’s arbitration decision.

In her judgement‚ Keightley said: “I’m not satisfied that the applicants [Ajax] have established that they were justified in proceeding to seek to interdict the playoff with the degree of urgency they have adopted.”

Completing her judgement‚ Keightley made the following order:

1. The application under Part A (to interdict the playoffs) is struck for want of urgency.

2. The applicants are directed‚ jointly and severally‚ to pay the costs in respect of Part A of the second and 18th respondents‚ including the costs of two counsel where so employed.

On Ajax’s second application (Part B) in which Ajax were seeking to review and set aside advocate Mokhari’s ruling‚ the judge directed all the parties to comply with the following timelines:

a. The applicants to supplement their papers by no later than May 22

b. The respondents to file their answering papers by no later than May 25

c. The applicants to file their reply by no later than May 29

d. Parties to file heads of argument by June 1

“I agree that it [Part B] should be resolved as a matter of urgency and my order makes provision for this‚” the judge said.

“It provides timelines for the parties for the filling of affidavits and heads of argument in order that they may approach the Deputy Judge President for a special allocation for the hearing as soon as reasonably possible.”

Reacting to the judgement‚ the PSL’s legal representative‚ Dennis Sibuyi‚ said: “The judgement effectively means the playoffs will continue.

“As it stands today‚ those teams participating in the playoffs will continue and Ajax won’t take part until the review application is finalised whenever that takes place.”

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