Late payment of advance costs to CAS might jeopardise Kauta and Haingura case

The pending case between the Namibia Football Association and the Namibia Premier League's Chairman Patrick Kauta and Mpasi Haingura at the Court of Arbitration in Switzerland could soon be dismissed due to the applicants' late payment. There have been new developments in the case at the Court of Arbitration for Sports in Switzerland, in which Patrick Kauta and Mpasi Haingura are fighting their exclusions from February's NFA elective Congress. In this week's letter to the parties, CAS noted that the first appellant (name) paid his share of the advance of costs on 22nd of April and (name) second appellant filed a request for extension of the time limit to pay his advance of costs on the 23rd April, instead of the due date, which was the 20th of April. According to local legal analyst Jarukeekuro Ndorokaze, CAS rules are clear. If one does not pay on time as per article R64.2 (2) of their Code of Sports, consequences will follow. "In the event that the entire advance payment has not been received by the due date, then that application is considered as withdrawn. It re-states that position with regard to the provision of the rules" Ndorokaze said. Ndorokaze believes that although there is a possibility of reasoning available for the appellants as to why they could not meet the deadline, the invitation of the respondents to inform the CAS office before or on the 28th of April of whether the court should accept the lateness of payment and the extension of the deadline is something that might end the case early. "The respondent in this case which is the NFA and Mr Haikali are in a very powerful position. If they consent to the allowing of the extended period then the case will continue, but if they decline then that will have consequences of ending this appeal at this point" he added. Meanwhile, the Counsel for the Namibia Football Association informed Kauta and Haingura Wednesday via a leaked email that the respondents have objected to the extension of the deadline to pay their share of the advance of costs. Therefore they will request the President of CAS Appeals Arbitration Division to issue a termination letter of the case.

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Kavii Vezemburuka