Sekhukhune United have won their court case against the PSL to be declared the winners of the GladAfrica Championship.
The club was granted a declaratory order on Saturday that forces the PSL to award them the three points they were conferred in an arbitration last month.
The club was awarded maximum points and a 3-0 result by Advocate Hilton Epstein SC over Polokwane City, who failed to comply with the rule that requires five Under-23 players to be on the match-day team list, as per the PSL handbook rules.
This means Sekhukhune will move to the top of the first division with 53 points and will be promoted to the DStv Premiership.
Royal AM will move to second with 51 points and will compete in the promotion play-offs with Richards Bay and Chippa United.
Deputy Judge President Roland Sutherland ruled in favour of Babina Noko, while dismissing the application by Polokwane City to review the arbitration. The matter was heard in court on Friday.
“The application to review the arbitration award given by Epstein SC on 19 May 2021 is dismissed,” Sutherland said in his court order.
“The counterclaim for a declaratory order in these terms in granted; where a disciplinary committee or arbitrator makes a finding of misconduct in terms of the National Soccer League [NSL] handbook for which there is no express sanction specifically provided in the NSL handbook, the disciplinary committee or arbitrator has a discretion on the appropriate sanction considering all relevant circumstances and range of possible sanctions in rule 57.13 of the NSL handbook.
“The disciplinary committee or arbitrator is not obliged to apply article 22 of the Fifa disciplinary code.”
Sutherland also ordered Polokwane to bear Sekhukhune’s legal costs.
TS Sporting lost their application to review a similar arbitration by Advocate Nazeer Cassim SC.
Sporting wanted to be awarded points for their match against Jomo Cosmos, where the latter also contravened the Under-23 rule.