Royal AM are refusing to give up on their legal battle with the PSL to try to force through automatic promotion to the DStv Premiership, and despite Johannesburg High Court judge Leonie Windell dismissing the case, the club now plans to take it to the Constitutional Court.

On Monday, Windell dealt a massive blow to Royal Am as she not only dismissed the case to force through automatic promotion, but also dismissed the attempt by Royal to have Premier Soccer League (PSL) acting CEO Mato Madlala charged with contempt of court. They accused the PSL of being in contempt of court by not halting the promotion and relegation playoffs last month.

The club refused to take part in the playoffs with Chippa United and Richards Bay, handing their opponents walkovers, while they took their fight to the court room.

Their application, though, was dismissed with costs but the club are refusing to end the saga as Eric Mabuza, the attorney representing the club, said they willing to go as far as the Constitutional Court to appeal the decision.

“The purpose of this letter is to inform you again that indeed we hold instructions immediately to pursue appeal proceedings in the higher courts,” a letter from Royal to the PSL reads.

“In the next few hours and after reading the judgment in greater detail a decision will be taken as to whether to lodge Royal AM’s application for leave to appeal to the Supreme Court of Appeal and/or directly to the Constitutional Court given the nature and the urgency of the issue.

“In the circumstances, it should be self-evident that the NSL is not entitled to conduct itself as if the above-mentioned judgment is the final word and thereby violate or undermine Royal AM constitutional rights including its right to appeal or to have a dispute finally resolved by courts.

“This will obviate any need for any further litigation to prohibit the NSL from doing so, which will be instituted in the event of non-compliance with the duty to respect Royal AM’s rights.”

From the PSL’s perspective, it sees the case as over and has released the fixtures for the upcoming season with the campaign set to kick off with the MTN8 on 14 August, with the DStv Premiership matches to follow a week later.