BFA wants FDN ruling overturned
Boitumelo Khutsafalo | Friday June 19, 2020 13:51
The FDN committee members won round one when the BFA DC ruled that they return to the office since the association failed to lay charges against them for two years.
The members have been on suspension since 2018 on charges of embezzling P168,000, the accusation they denied.
The members approached the DC and asked the matter to be thrown out due to a time factor.
Although the BFA chief executive officer, Mfolo Mfolo could not confirm nor deny that they have appealed, it has since emerged that the association has filed with the Appeals Committee requesting for the ruling to be overturned. Mfolo said the matter was subjudice and therefore would not comment. In its appeal, the association argues that the DC chairperson, Martin Dingake made an error in determining a dispute between the two parties and purporting to order a dismissal of the charges on account of delay when he has no jurisdiction to do so.
It also argues that the period of bringing disciplinary proceedings is limitless and therefore the chairperson misdirected himself in finding that the delay was unreasonable.
According to the BFA’s appeal arguments, the DC chairperson did not consider the committee members’ admission of guilt.
The BFA has now requested that the matter be referred back to the DC for continuation of the investigations and any envisaged proceedings. In the meantime the association wants the suspension of the FDN committee members to be in operation until investigations and proceedings are concluded.
However, the members have since responded and maintain that the mother body failed to bring charges in time.
They argue that a complete handover by the interim committee will cure any perceived gap as claimed by the association.
Through their lawyers, the committee members have argued that it should not come as a surprise to the association that the interim committee could be removed anytime, as the office was not theirs substantively.
“In the like manner that the appellant (BFA) worries about the appeal succeeding, the respondents (FDN committee members) stand to suffer prejudice in the event the appeal is dismissed in that they would have been denied opportunity to meet and elect delegates for the BFA general assembly meeting,” they stated.
After their reinstatement last week, FDN chairperson, Mpenzeni Sambandawe who was amongst those suspended said all was now in the past. He said they do not hold any grudges and are willing to work with everyone for the development of football.