The decision of the Premier Socer League (PSL) to reject AmaZulu’s R82 million bid to acquire Mpumalanga Black Aces’ status was informed by one article in the league’s constitution.
PSL CEO Brand de Villiers said Wednesday’s ruling to block the deal was based on article 30.3 of the league’s constitution, which states: “No person or legal entity may acquire shares or interest directly or indirectly in a club if he or it has had shares or an interest directly or indirectly in, or has been a registered shareholder of another club under the jurisdiction of the league or Safa in the preceding twelve (12) months.
“The records of the league and Safa will be definitive and irrefutable in determining whether a person has been a shareholder directly or indirectly of another club or not.”
De Villiers said the league’s rules were clear.
“People can still sell or buy clubs as long as it conforms with our rules. If this deal was done by an individual buying the club, maybe it could have been approved based on its merit.”
He said that Fifa’s statutes were also clear on the matter – although the PSL did not consult world football governing body Fifa on the matter.
However, Fifa’s rule 9 of the principle of promotion and relegation reads: “A club’s entitlement to take part in a domestic league championship shall depend principally on sporting merit. A club shall qualify for a domestic league championship by remaining in a certain division or by being promoted or relegated to another at the end of a season.
“Altering the legal form or company structure of a club to facilitate its qualification on sporting merit and/or its receipt of a licence for a domestic league championship, to the detriment of the integrity of a sports competition, is prohibited. This includes, for example, changing the headquarters, changing the name or transferring stakeholdings between different clubs. Prohibitive decisions must be able to be examined by the member’s body of appeal.”
The PSL’s decision means AmaZulu have no choice but to play in the National First Division next season, while Aces retain their Absa Premiership status.