MBABANE – Kobe-Ramokgadi Advanced Learning Academy has approached the court for an interdict following a ban from sports in the Southern African Development Community (SADC) region.
It is alleged that the rational behind the banning of the school from participating is alleged cheating. Through its attorneys Thabo Hlanze yesterday, Kobe filed an urgent application where it is seeking an order to have the ban uplifted. Kobe Academy banned from SADC schools sports
In the application, the school implored the court to review and set aside the decision to ban them. It is further their prayer that the court should interdict the respondent (ISASA) from continuing with any sports activities for the ISASA schools sports festivals in their absence of the applicant as participants, pending final determination of the matter.
Furthermore, Kobe wants the above prayers to operate with immediate and interim effect, granting the applicant costs of this application and also granting them any further and/or alternative relief. The respondents were not present in court and their legal representative who filed their notice to oppose the application.
Decision
They are yet to file their responding papers. Worth noting is that Kobe also mentions ISASA took the decision to ban them in their absentia and in such short notice when they had spent money preparing for the games. The first and second respondents are Jermaine Witbooi and Mathew Kamota respectively. Kobe mentioned that ISASA communicated the ban on June 30 following their June 10 alleged conduct. ISASA accused them to have fielded players who were beyond required age limit of 14 years in a soccer match and further accused them of fielding players who were not enrolled at the school. Kobe was eventually the winner of the said tournament. The procedure is that the hosting school, which was Baha’i High School, should have conducted the vetting of players’ credentials, with aggrieved school also supposed to file a complaint to them for further investigations.
Ignored
“I submit that the applicant does not have any alternative remedy but to approach this honourable court for substantial redress as the respondents have ignored ISASA’s internal procedures of dealing with grievances and ostracised the applicant from activities of the ISASA, making it impossible to discuss this issue in terms of ISASA’s rules and regulations,” submitted Hlanze.
Kobe further decried being denied a fair trial over the matter by ISASA as it alleged that there was no hearing held. It also said that some other schools which it was accused with were allegedly not banned. The applicant said it, therefore, became necessary and effective that an interdict be issued by the court preventing the continuance of the sporting festivals pending the hearing of the matter on the return date. The matter was heard by Judge John Magagula. In the meantime, ISASA’s sports festivals in the absence of Kobe are to take place today. Judge Magagula postponed the matter to next Wednesday.
