Young African get ‘justice’

YOUNG African’s expulsion from the topflight was overturned on Tuesday because the Namibia Premier League Disciplinary Committee did not honour a plea agreement with the club, the Namibia Football Association (NFA) Appeals Committee said when making the landmark judgement.

The appeals committee ruled that the NPL DC “imposed a different sentence from that agreed to between the parties” without “clear reason nor justification”.

Young African were demoted to the first division on 21 January 2019 after the NPL disciplinary committee found the club guilty of fraudulently registering and then fielding a Zimbabwean national using a forged passport in 28 of their 30 league matches during the 2017/18 season.

The club was also hit with a N$50 000 sanction, on top of being docked all points accrued from matches in which Tapiwa Simon Musekiwa featured as Albert Mujikijera.

After purportedly serving a seven-match ban, Musekiwa went on to play for African Stars, headed by NPL chairman Patrick Kauta, in their title-winning 2018/19 campaign.

But the Gobabis-based club said “justice was served” on Tuesday after the NFA Appeals Committee reversed their banishment, replacing it with a N$100 000 fine as a condition to be under the NFA’s auspices, and warned against a repeat or similar offence.

In its judgement, the appeals body said “… although not explicitly referred to as a ‘plea bargaining agreement’ there was an agreement between the parties on the sanction to be imposed should the appellant plead guilty to the charges”.

“We are of the view that the disciplinary committee erred in not accepting the plea bargaining agreement between the parties in the circumstances. It is for this reason that this appeal is upheld and the decision and order of the disciplinary committee is replaced with the sentencing agreement between the parties,” said the NFA appeals committee.

The NPL did not respond to questions on the matter on Wednesday.

Young African owner and head coach Maleagi Ngarizemo said they were vindicated, following failed two civil court attempts to have their NPL demotion annulled.

“This is really joyful news for the Young African family. I always said there was an agenda against me and my club. People wanted us dead, but now justice has been served,” Ngarizemo said.

The appeals committee does not do the bidding of the NFA secretariat or executive, the national football mother body’s acting secretary general Franco Cosmos said yesterday when rubbishing suggestions the historic decision was tied to the ongoing war between the NFA and NPL.

The appeals committee consisted of chairperson Clement Daniels, Esmeralda Katjaerua and Peter Wilson, who oversaw the appeal hearing on 22 June.

Gilroy Kasper represented Young African with Gerson Narib, assisted by Kadhila Amoomo in the NPL’s corner.

“This is an independent judicial body. It is not the NFA that made this decision, it is the NFA Appeals Committee. Please make that clear,” said Cosmos.

The tables have turned on the NPL, which now faces possible expulsion as an NFA member on Saturday when the NFA extra-ordinary congress convenes.

The NPL’s precarious position stems from taking a football dispute to ordinary courts instead of remedial bodies as prescribed by world football governors Fifa.

The NPL was suspended in October last year for repeated insubordination and “bringing football into disrepute”.

The suspension was upheld at the NFA’s elective congress in February.

After failing to overturn the suspension at the Namibia High Court and Supreme Court, the NPL has since petitioned the Court of Arbitration for Sport (CAS).

The verdict is pending.