Motlakase demoted as appeal fails

THATO KALA
Correspondent | Thursday June 16, 2011 00:00

 

The club had lodged a complaint to the DC citing that their relegation was unlawful. Motlakase were challenging the implementation of a resolution made on July 31, 2010 during the Botswana Premier League (BPL) General Assembly.

At the General Assembly, BPL affiliates agreed that the bottom three teams would automatically get the chop at the end of the season. The decision was then approved by the Registrar of Societies in terms of the Society Act last December. The club, therefore, argus that the amendment should only be effected next season since it became official at the end of the first round of the season in December.

They also allege that they received a copy of the new constitution in March this year when the season was nearing the end. However, BFA legal advisor Tebogo Sebego argued that the new constitution clearly states that, 'with effect from the 2010/11 season, three bottom clubs will be automatically relegated'.

Motlakase, who were represented by Oarabile Pitso of Oarabile Pitso Attorneys, also state that since the provision was adopted in July 2010 they thought it would only come into effect during the 2011/12 season.

'We are not disputing the amendment neither are we challenging the legality of the constitution. We are challenging the effecting of the amendment,' Pitso said. Pitso also added that at the time the amendment was made, Premiership activities for the following season had already begun with the transfer market open, which means the 'next season' referred to in the constitution is the 2011/12 season.

Seeing that the stakes were against them, the club, through their legal representative, told the DC that they had no jurisdiction over the matter. However, DC chairperson, Thato Mmile said: 'We looked at the matter and it is the view of this committee that this was only a question of interpretation. Therefore, we do have the mandate because we look at how it (the amendment) was implemented.'

She then ruled that the amendment was intended for the just-ended season. Mmile also noted that Motlakase were party to the July 2010 resolution, therefore, their appeal was invalid. 'We are, therefore, satisfied that the change was to be effected during the 2010/11 season. Therefore, Motlakase's appeal has failed,' Mmile declared.

Motlakase had initially made a complaint to the BPL DC who felt they had no jurisdiction over the matter.

Motlakase lost their last game of the season 1-2 at the hands of Selebi-Phikwe side Nico United last month, and the result saw them finish in position 14. Chouka were hoping that their automatic relegation would be reversed so they could participate in the play-offs with two teams drawn from the First Division North and South regions.

Prior to the July 2010 amendment position 15 and 16 finishers automatically dropped to the First Division while number 14 was required to battle it out in a play-off to retain their topflight status.