NCS appeals High Court decision
The Namibia Correctional Service (NCS) football team has lodged an appeal against a judgment by the High Court regarding its case against the Namibia Football Association (NFA).
The matter is based on technicalities that denied the NCS team the right to gain promotion to the country's top-tier league after the 2023-2024 season.
The NCS made the urgent application last month and sought an order declaring the NFA’s decision unlawful, and setting it aside. The application was dismissed on 19 September by Judge Kobus Miller after he found that the NCS did not exhaust alternative and internal remedies before it launched the proceedings in court.
Miller noted that the Namibia Sports Act makes provision for the handling of internal disputes arising between sports clubs and governing bodies.
Judge ‘erred’
The NCS took NFA to court after the football body promoted Southern Stream runners-up Blue Boys to the top-tier league because the champions, NCS, were ineligible for promotion, given that Khomas Nampol FC - which is under the same ownership as NCS - is still in the premiership.
Through its legal representatives, NCS said its appeal of Miller's decision is based on four grounds. It claimed that Miller erred when he failed to consider whether Section 35 of the Act “constitutes an ouster of the jurisdiction of the High Court to hear the appellant’s application”.
Its lawyers further argued that the judge could have erred in law in the event that the court came to a conclusion that Section 35 of the Act constitutes ouster of the jurisdiction of the High Court to hear the appellant’s application.
The matter is based on technicalities that denied the NCS team the right to gain promotion to the country's top-tier league after the 2023-2024 season.
The NCS made the urgent application last month and sought an order declaring the NFA’s decision unlawful, and setting it aside. The application was dismissed on 19 September by Judge Kobus Miller after he found that the NCS did not exhaust alternative and internal remedies before it launched the proceedings in court.
Miller noted that the Namibia Sports Act makes provision for the handling of internal disputes arising between sports clubs and governing bodies.
Judge ‘erred’
The NCS took NFA to court after the football body promoted Southern Stream runners-up Blue Boys to the top-tier league because the champions, NCS, were ineligible for promotion, given that Khomas Nampol FC - which is under the same ownership as NCS - is still in the premiership.
Through its legal representatives, NCS said its appeal of Miller's decision is based on four grounds. It claimed that Miller erred when he failed to consider whether Section 35 of the Act “constitutes an ouster of the jurisdiction of the High Court to hear the appellant’s application”.
Its lawyers further argued that the judge could have erred in law in the event that the court came to a conclusion that Section 35 of the Act constitutes ouster of the jurisdiction of the High Court to hear the appellant’s application.
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Namibian Sun
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