Herentals have found themselves in a tight corner this time following a PSL judgement delivered on Tuesday.
The Harare club was found guilty of taking football matters to the ordinary courts in their match-fixing case and the League expelled from the top-flight and also fining them $100 000.
The Students approached the High Court after the PSL charged them for influencing the outcome of the game against Black Rhinos last season, but they later withdrew their application.
Herentals chiefs later noted it was wrong to deal with the High Court and they decided to use a different channel, the Zifa Appeals Committee, which worked in their favour.
“We have been thinking about how we reacted to the initial decision by the PSL disciplinary committee, especially our decision to file a High Court application to challenge the verdict,” Chairman Innocent Benza was quoted as saying in the media.
“We felt we took the wrong decision because the rules and regulations are very clear that football matters should be dealt with within the channels set up for such issues.”
However, they discovered that too late, and the decision to file an application at the court at first place has cost them dearly as it violated, not only PSL but also Fifa statutes.
Article 64.3 of the Fifa statutes prohibits taking football matters to ordinary courts but, instead, to the Court of Arbitration for Sport (CAS).
The Article reads: “The Associations shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the Association or disputes affecting Leagues, members of Leagues, clubs, members of clubs, Players, Officials and other Association Officials to ordinary courts of law unless the FIFA regulations or binding legal provisions specifically provide for or stipulate recourse to ordinary courts of law. Instead of recourse to ordinary courts of law, the provision shall be made for arbitration.”
This means Herentals have no one their side in this case even Fifa.
What makes the situation worse for them is the fact that they were charged on their own plea and there is little to no chance to successfully overturns the ruling.
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