25 Jan 2019 19:50pm
WINDHOEK, 25 JAN (NAMPA) Young African (YA) Football Club has, through its lawyers Murorua Kurtz Kasper (MKK) Inc., given the Namibia Premier League (NPL) up to Monday 28 January to reinstate the club into the league or face court action.
In a letter addressed to league vice chairperson, Boni Paulino on Friday, YA said they intend to appeal against the ruling and reasons delivered by the disciplinary committee (DC) which resulted in the club being relegated to the first division.
YA say as much as they are aware of what Article 59 (2) of the Namibia Football Association stipulates and cited by the DC, the club feels that the NPL Executive Committee acted prematurely.
The Exco ignored other applicable provisions which hold paramount value to conflicts and disputes within the NPL because they were not given any consideration, the letter says.
They further draw the leagues attention to the fact that internal resolutions on the matter were not exhausted, which falls foul to Article 57.1 of the manual on rules and regulations of the NPL.
Article 57.1 says penalties or orders imposed by the DC or other body of the league or the NFA will only become effective when the internal remedies available to the party/parties so sentenced have been exhausted, or when the prescribed time limit to exercise the next available internal remedy has expired.
The letter further adds that the NPL rules and regulations will be the final authority in any form of conflict or dispute that may arise and it is therefore that the preference should first be given to provision of same.
MKK said the action by the NPL Exco is one which prejudices their client, YA, while the options of internal remedies remain at hand, including the use of the NFA Appeals Committee, which is mandated to hear appeals against decisions by the NPL Disciplinary Committee.
Speaking to Nampa telephonically on Friday, YA owner and coach, Maleagi Ngarizemo said the league through its prosecutor approached them during lunch to change their plea from not guilty to guilty so as to incur a fine of between N.dollars 50 000 to N.dollars 500 000.
We took the deal because of various reasons mainly the fact that the budget was exhausted, my focus as the owner and coach of the team was diverted. The players were also confused as to what was going on. The fans were staying away from the matches and we also did not want to stop or delay the NPL action unnecessarily, hence we agreed to the deal, he explained.
He further stated that the league Exco had failed to follow its internal procedures by imposing drastic measures in their judgement.
Speaking to Nampa too on the same day, Kadhila Amoomo, the NPL prosecutor denied offering YA a deal, saying: How can I advise them to plead guilty when I was not acting on their instruction? Where was his laywer when I was advising him all this? Because Mali (Ngarizemo) had his own lawyer who represented him during the hearing. He must focus on his appeal and leave me out of his issues, he fumed.
YA was fined N.dollars 50 000 and relegated after they used a Zimbabwean footballer, Tapiwa Simon Musekwa, for NPL matches under a false identity during the 2017/18 MTC Premier League season.