Biased Harare fines Bosso US$5 000, given up to 17 October to pay

HIGHLANDERS have been fined US$5 000 by the Premier Soccer League disciplinary committee with US$500 being suspended for the rest of the season and have up to October 17 to pay the effective US$4 500.
The sanction was imposed by a three person disciplinary committee of Doreen Gapare who was the chairperson, Wellington Magaya and one Ralph Tsivama during a hearing that was held on September 26 in Harare where the Bulawayo giants were represented by the vice chairperson Sifiso Siziba and Oppah Mpofu.

Bosso were being charged with Contravening Order 31 of the Castle Lager PSL Rules and Regulations which states that it is an Act of Misconduct where: 31.1.13 Its supporters misbehave in any manner whatsoever, inside or outside a ground, before, during or after a match, no matter on which ground the match is played. Without derogating from the generality of what constitutes misbehaviors on the part of supporters, the following are specifically declared to be acts of misbehaviors:- 31.1.13.2 Causing the abandonment or attempting to cause the abandonment of a match; 31.1.13.8 Maliciously damaging or attempting to damage any property at the ground.

Allegations were that on the 10th of September 2023 at Barbourfields Stadium during a League match between Highlanders FC and Dynamos FC, there was a stoppage on the 36th minute to allow a Highlanders FC Player number 14 (Mushore Mckinnon) to be attended as he was down. The fans at the Southern stand (swimming pool area wearing black and white regalia, started throwing missiles protesting for a foul and after about 5 minutes of missile throwing fans then invaded the pitch. The teams left the pitch to the dressing rooms and after 41 minutes of stoppage the match was called off due to persistent crowd trouble as it was no longer safe to continue.

The club pleaded guilty on both charges and were subsequently found as charge by the disciplinary committee.

Before the start of the hearing, Highlanders sought the recusal of Magaya on the grounds that he on the panel of arbitrators for the Court of Arbitration for Sport (CAS), an international body established in 1984 to settle sport related disputes. However the committee refused to accede to the request by Highlanders.

"In our view, a perception that CAS is trying the accused would have no legal or factual basis as this is a hearing initiated by the PSL and presided over by a disciplinary committee appointed by PSL, with no mention whatsoever, or reference, to CAS. Any such perception would therefore be based on speculation and conjecture. It betrays a lack of appreciation of the rules governing CAS in appeal proceedings," reads the contention by the disciplinary committee.

The disciplinary committed noted, as part of Highlanders' mitigation, that it was important to note that the club made oral submissions in mitigation and then tendered written submissions in reply to PSL aggravation, which submissions dated 26th September 2023 but received on the 2d of October 2023. These submissions were withdrawn on the basis that they had been mistakenly filed and served.

"We received further submissions on the 3rd of October 2023 – they are dated the 28th of September 2023.

The club states in its submission that the home team failed to provide adequate security. They stated that the security was inadequate in light of the fact that the police did not provide an adequate number of details to cater for the size of the crowd.

They further submit that they have invested in social media and awareness campaigns against hooliganism. They have trained stewards to assist with security on match days," said the disciplinary committee.