News / National
Highlanders heading for constitutional crisis
26 Dec 2013 at 18:37hrs | Views
Bulawayo giants Highlander could be heading for a constitutional crisis after hiring a new law firm without the consent of the members as dictated by their constitution.
Bosso hired city law firm, Calderwood, Bryce Hendrie and Partners in their challenge against former chairman Themba Ndlela who is suing the club over a $9 000 debt that it owes him.
Ndlela took the club to the High Court demanding to be paid his money. Highlanders are opposing the claim.
Previously the club was represented by Phulu and Ncube Legal Practitioners who took over from Coglan and Welsh following the appointment of Nicholas Mathonsi as a High Court judge.
In terms of the club constitution, Highlanders paid-up members, during their traditional annual general meeting or mid-year general meeting, have to endorse the club's legal representative as well as the auditors.
However, board of directors secretary Jimmy Ncube, who are advisors to the executive quashed any fears of a constitutional crisis and conflict of interest on the part of the law firm.
"I don't think there is any constitutional crisis really. We however did not ask the executive on how they went about hiring a new firm, maybe it was at the insistence and advice of our legal representatives," said Ncube.
However, Chronicle Sport has it on good authority that the club went against the legal advice from Phulu and Ncube Legal Practitioners.
The law firm is said to have told Highlanders that there was no basis for defence in a court of law after the club signed an acknowledgment of debt to Ndlela, consenting that they owed the former chairman the said amount.
"The lawyers felt it was a waste of time to defend the case since Highlanders already acknowledged that it owed Ndlela. How then do you turn around and say you are challenging the claim?" said the source.
Calderwood, Bryce Hendrie and Partners represented former Highlanders coach Mohammed Fathi in his labour matter against the club. Bosso lost the case resulting in the team bus being attached.
Fathi had sued Highlanders demanding that he be paid his salary arrears after being sacked by the Bulawayo giants and replaced by Mkhuphali Masuku.
Bosso hired city law firm, Calderwood, Bryce Hendrie and Partners in their challenge against former chairman Themba Ndlela who is suing the club over a $9 000 debt that it owes him.
Ndlela took the club to the High Court demanding to be paid his money. Highlanders are opposing the claim.
Previously the club was represented by Phulu and Ncube Legal Practitioners who took over from Coglan and Welsh following the appointment of Nicholas Mathonsi as a High Court judge.
In terms of the club constitution, Highlanders paid-up members, during their traditional annual general meeting or mid-year general meeting, have to endorse the club's legal representative as well as the auditors.
"I don't think there is any constitutional crisis really. We however did not ask the executive on how they went about hiring a new firm, maybe it was at the insistence and advice of our legal representatives," said Ncube.
However, Chronicle Sport has it on good authority that the club went against the legal advice from Phulu and Ncube Legal Practitioners.
The law firm is said to have told Highlanders that there was no basis for defence in a court of law after the club signed an acknowledgment of debt to Ndlela, consenting that they owed the former chairman the said amount.
"The lawyers felt it was a waste of time to defend the case since Highlanders already acknowledged that it owed Ndlela. How then do you turn around and say you are challenging the claim?" said the source.
Calderwood, Bryce Hendrie and Partners represented former Highlanders coach Mohammed Fathi in his labour matter against the club. Bosso lost the case resulting in the team bus being attached.
Fathi had sued Highlanders demanding that he be paid his salary arrears after being sacked by the Bulawayo giants and replaced by Mkhuphali Masuku.
Source - Chronicle
