Security Systems application dismissed
BG reporter
FOOTBALL
Security Systems football clubs’ dream of playing in the elite be-MOBILE premier league was shattered by the Gaborone High Court this week Wednesday. Judge Isaac Lesetedi dismissed the urgent application with costs, but indications are that Systems who were promoted to the premier league for the 2012/13 season will file an appeal at the Court of Appeal (CoA) before the premier league begins on 14th September.
If they are not successful in the appeal, the best losers in the First Division league, Notwane FC and BR Highlanders will be promoted to the be-MOBILE premier league. Delivering his ruling before a fully packed courtroom, Lesetedi was unconvinced by Systems argument that they deserved a hearing before being slapped with a de-registration letter by the football governing body.
“The gist of the applicant’s (Systems) complaint appears to be that before BFA wrote to Systems, it should have afforded them an informal hearing to listen to what they had to say,” Lesetedi contested, adding that this would have been a meaningful exercise, if Systems had anything of value to say.
Lesetedi contested that applicant’s attorney Kgosietsile Ngakaagae had earlier accepted that the provision of the BFA constitution regarding the lapse of membership is triggered by non-payment of subscriptions. In an earlier court session, Ngakaagae had tried to argue why his clients did not have a payment receipt despite allegations that they had paid their subscription at the Gaborone region.
Lesetedi contested that Systems did not posses a receipt showing that they had done so. Ngakaagae conceded that the receipt constituted proof of payment, arguing that the Gaborone region may have not put the transaction in writing. “The letter was written to save Notwane and Highlanders and there had to be a fall guy.
The truth is Notwane, a favourite had gone down and needed to be taken back,” he argued. Following the ruling, newly appointed BFA legal adviser Onkagetse Pusoentsi said the BFA constitution was clear about those who do not pay subscriptions, adding that he was happy with the ruling.
“The way forward now is that it has been communicated that those teams are no longer members of the BFA, we will see if they will appeal,” he said. Meanwhile, Systems supporters who had come in droves, with hopes of having their team returned to the premier league were dejected as they made their way out of the courtroom.
Ntwaagae consulted with Systems management before mentioning that the team had intentions to appeal. Systems will now join Police XI in limbo as their options for now might be starting over at the fourth Division.