Royal AM have lost their Supreme Court bid to overturn the Premier Soccer League decision to award Sekhukhune United the GladAfrica Championship title and now face the wrath of the league.
The judgement from Justice Leonie Windell of the Gauteng Division on Monday has dismissed, with costs, the application by the Durban-based club against the league, its chief executive officer Mato Madlala, Sekhukhune United and the two other clubs involved in the promotion-relegation playoffs — Chippa United and Richards Bay.
A 49-page judgement said Royal AM’s application for relief was contrary to the previous court rulings made and “is not supported by the facts or the law”.
Judge Windell found that the original decision made by Advocate Epstein to award points to Sekhukhune United from their match against Polokwane City, who used four instead of five under-23 players, was correct.
The awarding of the points from that match to Sekhukhune United put them at the top of the standings above Royal AM, and assured them of automatic promotion to the top flight, which led to the legal challenge by the club’s owner Shauwn Mkhize, led by prominent lawyer Dali Mpofu.
The court also rejected Royal AM’s bid to have Madlala charged with contempt of court for allowing the playoff to go ahead.
Royal AM applied to be reinstated at the top of the log and have Madlala sentenced to 30 days’ imprisonment.
Royal AM did not take part in the playoffs, failing to turn up for their four matches and could now be kicked out of the league.
“The Epstein award is binding and Royal AM’s application for leave against the dismissal of the review did not have the effect of suspending the Epstein award. Royal AM’s application is without merit and must be dismissed. In the result the following order is made: The application is dismissed with costs, including the costs of two counsel where so employed,” said the judgement.