Sekhukhune United have been declared champions in the GladAfrica Championship and promoted to the DStv Premiership, the Premier Soccer League (PSL) confirmed on Saturday.
This follows the dismissal of Polokwane City's application to the Johannesburg high court to have overturned an arbitration that deducted three points from their total and awarded three to Sekhukhune in the GladAfrica Championship.
The decision upholds the arbitration award of Hilton Epstein SC.
Legal representatives for Sekhukhune said while Polokwane could still appeal, the court's ruling meant the PSL needed to apply the three points awarded to their client's team in terms of the arbitration.
In a statement sent by the PSL yesterday, a few hours after deputy judge president Roland Sutherland released his order, the league said: "The consequences is [sic] that Sekhukhune United have automatic promotion to the Premiership for next season while Chippa United, Royal AM and Richards Bay will contest the promotion/relegation play-offs which will commence on the 15th of June 2021.
"Judge Sutherland granted the declaratory order that the league sought. Judge Sutherland also confirmed the two Safa arbitration tribunal awards handed down by advocates Epstein and Cassim SC which impacted the final standing."
A spokesperson for Royal AM, S'thembiso Hlongwane, said: "At this stage [yesterday] we can't offer any comment."
Sources told the Sunday Times that Royal AM were gutted by yesterday's decision after they thought they had gained promotion on the field of play.
Sekhukhune's attorney, Karabo Mathang-Tshabuse, said before the PSL's statement was sent out yesterday that if the PSL did not apply the three points awarded to Sekhukhune, the club would take the league to court to force them to do so.
Having heard counsel on behalf of all parties on Friday, Sutherland yesterday issued an order that the application brought by Polokwane City to review the arbitration award given by Epstein SC on May 19 2021 was dismissed.
In a short statement, Safa welcomed the judge's decision.
Sutherland's order included that costs incurred by Sekhukhune shall be borne by Polokwane and Royal AM jointly and severally, the one paying the other to be absolved. The PSL and the SA Football Association (Safa) are to bear their own costs.
"Polokwane City brought an application to review and set aside the award and this means that the award stands in law.
"The application to try and set aside [the arbitration] has been dismissed and this is a competent finding in law and Sekhukhune United must be declared GladAfrica Championship champions by the league," Mathang-Tshabuse said.
Last month Sekhukhune filed an urgent application in the Johannesburg high court for the arbitration award that saw them become the GladAfrica Championship champions to be deemed final and binding.
The NFD campaign ended a few weeks ago but the PSL was yet to crown the second-tier champions because this case was pending. This turn of events means that Sekhukhune, who were in their first season in the NFD, end higher than Royal AM.
It also means that Durban club Royal AM will have to fight for a place in the PSL in the promotion and relegation play-offs with Richards Bay and Chippa, as the PSL said in its statement yesterday.
Royal or Polokwane could appeal to either the Supreme Court of Appeal or the Court of Arbitration for Sport in Switzerland.
Chippa United finished 15th in the Premiership and will return to the top flight if they win the play-offs against Royal AM and Richards Bay.
Black Leopards were automatically relegated to the First Division last week.
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