As Ajax Cape Town prepare to face Baroka FC in their 28th Premier Soccer League encounter on Tuesday night, the South Gauteng High Court has dismissed their application to review the case against striker Tendai Ndoro.
The developments come as a huge blow for the Urban Warriors as the club was hoping the court would rule in their favour to have Ndoro available to play immediately.
Ajax approached the High Court for a review of the South African Football Association arbitrator's decision regarding the eligibility of the lanky forward.
Safa arbitrator Nassir Cassim ruled that the PSL’s Dispute Resolution Chambers (DRC) did not have the jurisdiction to rule on the matter, and also ordered that the player shouldn't be allowed to play.
This follows after Ndoro represented three clubs in one season, and as a result, breaching Fifa laws which state that a player can be registered by three clubs, but cannot represent a third club.
Ndoro featured for Orlando Pirates in August last year before joining and playing for Saudi Arabia’s Al Faisaly. He later signed for Ajax in December and was registered in January where he has played seven matches to date.
However, Judge Unterhalter decided that Safa arbitrator Cassim's decision that the PSL DRC did not have the jurisdiction to decide on Ndoro's eligibility was correct.
"I find that the decision that Cassim took on the decision of the DRC was correct and therefore the review cannot be signed,” said Unterhalter as he handed down the ruling.
"Therefore the order for the application of the motion is dismissed," said Unterhalter.
Unterhalter also ruled that that each party should pay their own costs as the matter over the former Chicken Inn player’s eligibility continues.
Moreover, Cassim referred the matter to Fifa for ruling, but the global football governing body's Players' Status Committee referred it back to Safa to find an arbitrator who could settle it.
The saga involving the player emanated when the matter was originally decided in favour of Ajax by the PSL DRC on January 31‚ where it ruled that the Zimbabwean attacker was eligible to play for the Mother City side.
However, the PSL appealed against that decision at a Safa arbitration on March 28‚ and the matter was referred to Fifa who referred it back to Safa.
Meanwhile, the PSL has also released a statement welcoming the Tuesday afternoon’s ruling.
“The Premier Soccer League (PSL) welcomes today’s decision of the Gauteng Local Division of the High Court, Johannesburg, in the matter between the National Soccer League, Ajax Cape Town, Mr Tendai Ndoro and Others,” said the PSL.
“Ajax Cape Town and Mr Ndoro brought an application to review the decision of Advocate Cassim SC which ruled that the Dispute Resolution Chamber had no jurisdiction to rule on the matter of Mr Ndoro,” continued the statement.
“The High Court this afternoon dismissed Mr Ndoro’s and Ajax Cape Town’s application. Consequently, Adv. Cassim’s SC ruling in favour of the League’s position stands,” concluded the statement.