Sports / Soccer
Dembare set for another boardroom victory as PSL goes rogue
24 Jun 2017 at 15:39hrs | Views
The Premier Soccer League (PSL) has referred the abandoned Castle Lager PSL match between Chapungu and Dynamos played at Ascot Stadium in Gweru on Sunday 18 June to the PSL Disciplinary Committee.
Chapungu have been charged for breaching the PSL rules and regulations and have been summoned to appear before the PSL Disciplinary Committee for causing the abandonment of the match due to failure to provide a replacement/reserve goal post.
In terms of Order 31 of the PSL rules and regulations, it is an act of misconduct on the part of the club where; 31.1.17: its officials cause the abandonment of a match.
The disciplinary hearing will take place at the PSL offices in the capital on the 29th of this month.
PSL communications and media liaison officer Kudzai Bare said the league will not make any further statement on the matter until it has been finalised.
The members of this committee must be named and shamed for bringing the game of football into disrepute.
The Dembare PSL Disciplinary Committee looks like they are not aware of Force Majeure. Chapungu does not own Ascot Stadium as it rents it out from the Gweru City Council, how should have Chapungu known that the goal post will collapse? Even in the case of the goal post collapsing, it is the mandate of the council to fix the post as it is council property and not Air Force property.
Force majeure or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.
Force majeure is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover:
Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations.[4]
Any result of the usual and natural consequences of external forces.
To illuminate this distinction, take the example of an outdoor public event abruptly called off.
If the cause for cancellation is ordinary predictable rain, this is most probably not force majeure.
If the cause is a flash flood that damages the venue or makes the event hazardous to attend, then this almost certainly is force majeure.
Some causes might be arguable borderline cases; these must be assessed in light of the circumstances.
Any circumstances that are specifically contemplated (included) in the contract - for example, if the contract for the outdoor event specifically permits or requires cancellation in the event of rain.
Chapungu have been charged for breaching the PSL rules and regulations and have been summoned to appear before the PSL Disciplinary Committee for causing the abandonment of the match due to failure to provide a replacement/reserve goal post.
In terms of Order 31 of the PSL rules and regulations, it is an act of misconduct on the part of the club where; 31.1.17: its officials cause the abandonment of a match.
The disciplinary hearing will take place at the PSL offices in the capital on the 29th of this month.
PSL communications and media liaison officer Kudzai Bare said the league will not make any further statement on the matter until it has been finalised.
The members of this committee must be named and shamed for bringing the game of football into disrepute.
The Dembare PSL Disciplinary Committee looks like they are not aware of Force Majeure. Chapungu does not own Ascot Stadium as it rents it out from the Gweru City Council, how should have Chapungu known that the goal post will collapse? Even in the case of the goal post collapsing, it is the mandate of the council to fix the post as it is council property and not Air Force property.
Force majeure or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.
Force majeure is generally intended to include occurrences beyond the reasonable control of a party, and therefore would not cover:
Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the ability of such party to perform its obligations.[4]
Any result of the usual and natural consequences of external forces.
To illuminate this distinction, take the example of an outdoor public event abruptly called off.
If the cause for cancellation is ordinary predictable rain, this is most probably not force majeure.
If the cause is a flash flood that damages the venue or makes the event hazardous to attend, then this almost certainly is force majeure.
Some causes might be arguable borderline cases; these must be assessed in light of the circumstances.
Any circumstances that are specifically contemplated (included) in the contract - for example, if the contract for the outdoor event specifically permits or requires cancellation in the event of rain.
Source - zbc
