Africa-Press – Eswatini. BULANDZENI Youngstars has taken the Hhohho Regional Football Association to court seeking an order restricting them from accessing funds held within the executive committee’s bank accounts.
The football club and 46 others (applicants) filed an urgent application at the High Court through their lawyer Sifiso Martin Jele of S.M Jele Attorneys.
Respondents in the matter are the Hhohho Regional Football Association, Hhohho Regional Football Association Chairman Nigel Shongwe, Eswatini Football Association Executive Committee and Standard Bank Swaziland Limited.
The applicant argued that statutory provisions stipulate that the funds in questions shall not be accessed and utilised beyond the period of July 30, 2022 which has since passed.
The applicant argued that there was no lawful excuse to use the funds after the passing of the date.
“The second respondents may also deplete the funds for the new season 2022/23, which the members may have started depositing as the registration fees are now due,” part of the court papers read.
The applicant further submitted that issues of the association funds were of a sensitive nature as funds were the lifeblood of the association.
According to the court papers the second respondents were voted into office in August 2018 and were supposed to stay in office for four years from the date of their elections.
It was further stated that under the HRFA Statutes Article 70, provides that financial period of HRFA shall be one year and shall begin on August 1 and end on July 30.
These dates, it was submitted have come and gone and yet the second respondents were allegedly still utilising association funds. Allegations whose veracity is yet to be proved before court was that the second respondents were seen going around the region handing out gifts to whomsoever they wished to give in exclusion of other members.
“This therefore means that the second respondents have continued utilising the funds in complete disregard of the peremptory requirements of the statutes,” the football club submitted. It further explained that the events mentioned are those in the month of August when the statutes clearly state that the financial period shall end on July 31.
It was also submitted that should the application be refused, then the second respondents (Erstwhile Hhohho Regional Chairman) will be in a position to utilise the funds for the new season on the old mandate that has elapsed.
“They will be effectively using funds that they are not entitled to use,” the applicant submitted. The challenge, it was submitted, was that the respondents will probably deplete the resources leading to the club having difficulty continuing with association activities in the event the new executive is elected in late September.
The accuracy of the affidavit is yet to be presented before court and the HRFA is yet to file its responding affidavits together with other respondents.
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