NCS fails in case against NFA for promotion
Football
The High Court in Windhoek yesterday delivered a judgement which confirmed the NFA's intended top-flight clubs for the upcoming season.
After approaching the High Court with an urgent application, the Namibian Correctional Service (NCS) Football Club has failed in its challenge of the decision denying it promotion to the Namibia Premier Football League.
The NSC club argued that it should have been promoted to the top league after the 2023-2024 season. Despite winning the Namibian Football Association’s southern stream first league title, the NFA opted to promote the runner-ups, Blue Boys Football Club.
The NCS made the urgent application last month and seeked an order from the court declaring the decision unlawful and setting it aside.
The application was dismissed yesterday by judge Kobus Miller after he found that the NCS did not exhaust alternative and internal remedies before it launched the proceedings in court.
Miller noted that the Sports Act makes provision for the handling of internal disputes arising between sports clubs and governing bodies.
“The application stands to be dismissed on that basis. It is consequently not necessary to determine the remaining issues,” the judgement reads.
Miller also ordered that the NCS Football Club must pay the NFA’s legal costs for the application.
REMEDIES
The NCS Football Club alleged that it is entitled to the promotion under the promotion and relegation rules published by the NFA for the 2023-2024 season.
They argued that they and Blue Boys FC are bound by and has acceded to the rules by the NFA by their membership to the Southern Stream First Division.
The fact that Khomas Nampol also plays in the Premier League, along with the NFA’s restriction preventing more than one club under the ownership of the same ministry to compete in the NPFL prompted the association’s decision to award promotion to Swakopmund-based side Blue Boys, after they ended second behind NCS.
The NFA argued during the hearing of the matter that the NFA constitution provides that disputes within the NFA affecting the members of the NFA, leagues, members of leagues, members of clubs, players and officials may be referred to the Court of Arbitration for Sports (CAS).
The NCS Football Club thereafter set out the circumstances and facts on why it cannot approach CAS to resolve the dispute. It boiled down to the fact that the costs are not within the financial means of the club.
Although Miller conceded that the issue of costs to be incurred constitutes a valid reason in the circumstances, he found that CAS is not the only internal remedy available to the club.
“Section 35(4) of the Namibia Sports Act 13 of 2003 creates its own remedies by the establishment of an appeal committee which will have jurisdiction over disputes arising from a decision of the Commission or a national sports body,” Miller explained in his judgement.
The matter is removed from the court roll and is regarded as finalised.
The NSC club argued that it should have been promoted to the top league after the 2023-2024 season. Despite winning the Namibian Football Association’s southern stream first league title, the NFA opted to promote the runner-ups, Blue Boys Football Club.
The NCS made the urgent application last month and seeked an order from the court declaring the decision unlawful and setting it aside.
The application was dismissed yesterday by judge Kobus Miller after he found that the NCS did not exhaust alternative and internal remedies before it launched the proceedings in court.
Miller noted that the Sports Act makes provision for the handling of internal disputes arising between sports clubs and governing bodies.
“The application stands to be dismissed on that basis. It is consequently not necessary to determine the remaining issues,” the judgement reads.
Miller also ordered that the NCS Football Club must pay the NFA’s legal costs for the application.
REMEDIES
The NCS Football Club alleged that it is entitled to the promotion under the promotion and relegation rules published by the NFA for the 2023-2024 season.
They argued that they and Blue Boys FC are bound by and has acceded to the rules by the NFA by their membership to the Southern Stream First Division.
The fact that Khomas Nampol also plays in the Premier League, along with the NFA’s restriction preventing more than one club under the ownership of the same ministry to compete in the NPFL prompted the association’s decision to award promotion to Swakopmund-based side Blue Boys, after they ended second behind NCS.
The NFA argued during the hearing of the matter that the NFA constitution provides that disputes within the NFA affecting the members of the NFA, leagues, members of leagues, members of clubs, players and officials may be referred to the Court of Arbitration for Sports (CAS).
The NCS Football Club thereafter set out the circumstances and facts on why it cannot approach CAS to resolve the dispute. It boiled down to the fact that the costs are not within the financial means of the club.
Although Miller conceded that the issue of costs to be incurred constitutes a valid reason in the circumstances, he found that CAS is not the only internal remedy available to the club.
“Section 35(4) of the Namibia Sports Act 13 of 2003 creates its own remedies by the establishment of an appeal committee which will have jurisdiction over disputes arising from a decision of the Commission or a national sports body,” Miller explained in his judgement.
The matter is removed from the court roll and is regarded as finalised.
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