• September 29th, 2020

Kauta withdraws CAS appeal against NFA…seeks to transfer money to NPL

Patrick Kauta, the chairperson of the suspended Namibia Premier League (NPL), has written to the Switzerland-based Court of Arbitration for Sport (CAS) to indicate his intention to withdraw his appeal against the Namibia Football Association (NFA) and its president Ranga Haikali.
In a letter dated 27 May 2020, Kauta through his lawyers Tjitemisa & Associates wrote to CAS to inform the international court for sport matters of their decision to withdraw their appeal in the matter involving appellants Kauta, Mpasi Haingura and the two respondents NFA and Haikali.
Kauta and Haingura both petitioned CAS to contest their disqualification from February’s NFA elective congress, where they were both barred from contesting for any positions at congress, which overwhelmingly elected Haikali as president.

Kauta was according to the NFA Normalisation Committee disqualified because he is an active member of the suspended NPL and could thus not qualify to run for positions. Another reason for his disqualification, the NFA indicated at the time, was that Kauta participated in the illegal removal of a sitting president (former NFA president Frans Mbidi). 
But Kauta had initially denied all these claims. Haingura on the other hand was also disqualified for participating in the removal of a sitting president. 

Late yesterday, CAS responded to Kauta’s legal team Tjitemisa & Associates, informing them that it has noted and accepted their request to withdraw the appeal and that an official termination order will be issued by CAS president of the appeals arbitration division or her deputy in due course.

Kauta withdrew the appeal in his personal capacity as first appellant and it now remains to be seen whether or not Haingura as second appellant in the matter will still proceed with the costly appeal or throw in the towel.

Also in his letter to CAS, Kauta requested that the 10 000 Swiss Franc (which is about N$182 167.67) he paid in advance of costs when he launched the appeal be transferred to the file of the NPL, which also took another separate case to CAS protesting their suspension by the NFA. 
Kauta, in the same letter, also indicated that he already settled the additional amount of 12 000 Swiss Franc (which is about N$218 601.20) on Wednesday and that NPL lawyers will furnish CAS with proof of payment.

In responce, CAS said: “Separately, I note the appellant’s request that the amount of CHF 10 000 paid by him as advance of costs be transferred to the case CAS 2020/A/6866 and credited towards the advance of costs to be paid by the Namibia Premier League. I confirm that this would be possible, subject to confirmation by the Namibia Premier League that it accepts such payment. Kauta and the Namibia Premier League are also invited to confirm, by 1 June 2020, to whom any remaining balance shall be reimbursed at the end of the procedure CAS 2020/A/6866.”
Contacted for comment yesterday, Kauta briefly said: “It’s a developing story with CAS and I am going to inform you at the appropriate time.”

Otniel Hembapu
2020-05-29 09:18:13 | 4 months ago

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