All as explained below.
The Scope of the Court's Intervention in the Decisions of the Association's Judicial Institutions
- Section 11 of the Sports Law, 1988 Retrial, states as follows:
"11. (a) The exclusive authority to discuss and decide matters related to activity within the framework of an association or association will be in the hands of the internal judicial institutions set out in the Articles of Association under Section 10, and in accordance with the provisions set forth in the Articles of Association under that section; The decisions of the highest internal court in disciplinary matters shall be final and shall not be appealed before a court."
- The judgment before me is that of the Supreme Court of Internal Justice, and it is a matter of discipline, and from this it is clear that it cannot be appealed to this court. The matter is clear, and the language of the section is not required for a complex interpretation, this court is not authorized to sit as an appellate court against the Association's Supreme Court, and hence, there is no room to examine the Supreme Court's judgment on grounds of intervention reserved for an appellate court.
- In this context, I will note that Hapoel Be'er Sheva's argument that the decision regarding the outcome of the game is an administrative decision and not a disciplinary decision, since it is based on the championship regulations and not on the disciplinary regulations.
The proceeding that took place in the case of Hapoel Be'er Sheva and Bnei Sakhnin is a clear disciplinary proceeding , in which the teams were accused of committing disciplinary offenses, the hearing was held as a disciplinary hearing and at the end the teams were convicted of some of the offenses and sentenced to death. The fact that for the purpose of determining the penalty, there was room to rely on the Championship Regulations as well, does not turn the disciplinary proceeding into an administrative proceeding and the determinations within it into administrative determinations. In my opinion, this is a disciplinary proceeding, in which the determination of the result of the game, a technical victory, a 0:0 result without points or a replay, is a determination of a punitive nature in the framework of a disciplinary proceeding. As stated, such a determination is not subject to appeal to the court.