Ndoro and Another v South African Football Association and Others (16/16836) [2018] ZAGPJHC 74; [2018] 3 All SA 277 (GJ); 2018 (5) SA 630 (GJ) (24 April 2018)

Ndoro and Another v South African Football Association and Others (16/16836) [2018] ZAGPJHC 74; [2018] 3 All SA 277 (GJ); 2018 (5) SA 630 (GJ) (24 April 2018)

The court held that the SAFA Arbitration Tribunal, although styled as an arbitration, exercises public regulatory powers in the context of professional football, which is a public good subject to judicial review under PAJA. However, the NSL Handbook, read in conjunction with FIFA regulations, limits the jurisdiction of the DRC over status disputes involving international transfers. The dispute concerning Mr Ndoro's eligibility to play for Ajax is governed by FIFA regulations and falls within the jurisdiction of the FIFA Players' Status Committee, not the DRC. Mr Cassim's award, finding that the DRC lacked jurisdiction, was correct in law. Consequently, the applicants' grounds for review,...

Citation
[2018] ZAGPJHC 74
Parties
Applicant: Tendai Passion Ndoro; Applicant: Ajax Cape Town Football Club; Respondent: South African Football Association; Respondent: National Soccer League; Respondent: NA Cassim SC NO; Respondent: Platinum Stars Football Club; Respondent: Orlando Pirates Football Club
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 April 2018
Case Number
16/16836
Procedural Posture
Review Application / Urgent Review of Arbitration Award by SAFA Arbitration Tribunal
Outcome
Application for review dismissed. Each party to bear its own costs.
Judges
David Unterhalter
Legal Topics
Judicial Review of Private Bodies, Promotion of Administrative Justice Act, Jurisdiction of Dispute Resolution Bodies, Fifa Regulations, Status and Transfer of Players
Administrative Law Civil Procedure Alternative Dispute Resolution Judicial Review of Private Bodies Promotion of Administrative Justice Act Jurisdiction of Dispute Resolution Bodies Fifa Regulations Status and Transfer of Players

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Parties

Tendai Passion Ndoro

Applicant

Ajax Cape Town Football Club

Applicant

South African Football Association

Respondent

National Soccer League

Respondent

NA Cassim SC NO

Respondent

Platinum Stars Football Club

Respondent

Orlando Pirates Football Club

Respondent

Procedural Posture

Review Application / Urgent Review of Arbitration Award by SAFA Arbitration Tribunal

Legal Issues

  1. 1 Is the decision of the SAFA Arbitration Tribunal, delivered by Mr Cassim, reviewable under South African law?
  2. 2 Did the Dispute Resolution Chamber (DRC) have jurisdiction to determine Mr Ndoro's eligibility to play for Ajax Cape Town?
  3. 3 Was Mr Cassim's award vitiated by an error of law regarding the jurisdiction of the DRC?

Ratio Decidendi

The court held that the SAFA Arbitration Tribunal, although styled as an arbitration, exercises public regulatory powers in the context of professional football, which is a public good subject to judicial review under PAJA. However, the NSL Handbook, read in conjunction with FIFA regulations, limits the jurisdiction of the DRC over status disputes involving international transfers. The dispute concerning Mr Ndoro's eligibility to play for Ajax is governed by FIFA regulations and falls within the jurisdiction of the FIFA Players' Status Committee, not the DRC. Mr Cassim's award, finding that the DRC lacked jurisdiction, was correct in law. Consequently, the applicants' grounds for review,...

Court Disposition

Application for review dismissed. Each party to bear its own costs.

Orders

  • The application in Part B of the Notice of Motion is dismissed.
  • Each party shall bear its own costs.