A legal expert has weighed in on the latest in the court case involving Mamelodi Sundowns and the club's former coach, Pitso Mosimane.
The civil lawsuit case involving Sundowns, Mosimane and his management team led by Moira Tlhagale from MT Sports Marketing and Management has been back in court this week.
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The Brazilians are allegedly claiming a portion from over R8 million on agency fees from MT Sports and their client to be paid back emanating from the coach's previous employment with the DStv Premiership champions, as reported by local media.
Prior to leaving Chloorkop to join Egyptian giants Al Ahly in October 2020, Mosimane had signed a four-year contract extension in May of the same year.
As per SABC Sport's report, on Monday the Johannesburg High Court heard that MT Sports Management were paid in the region of R8, 632, 230 for negotiating the coach's contract, which is 10% of the four-year deal that had been signed.
In their defense, Mosimane's representatives brought into the picture the contracts of Rulani Mokwena and Manqoba Mngqithi who were former Bafana Bafana coach's assistants at the time.
It has been further reported that Tlhagale testified Mngqithi's agent Mike Makaab was paid in the region R984 000 for negotiating his client's contract in July 2020, while fellow agent Steve Kapelushnik received around R799 100 for his client's negotiations.
Speaking exclusively to the Siya crew, Kabelo Mashigo of K4 Alchemy Consult says he believes Downs are within their rights to demand to be paid back the money.
"Firstly, I must qualify my statement to say I haven't read the court papers and therefore I don't know all the details. I haven't read the clause that they are referring to exactly as to what the wording is. But for my preliminary point of view on the issue, Sundowns has every right to demand this money back. In looking at that, it's also in line with the current regulations that deal with the agents. Outside of the fact that a club can pay an agent's fee and all the likes, under the current regulations an agent is only entitled to money that you have received as a client," said Mashigo.
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"In this particular matter it would appear that they have a procurement fee which is something that also happens in the industry where a club would say for the services of you securing and ensuring that we are able to sign an employment contract with Coach A or Player A, we will pay you 10%. The problem comes if that player decides to leave one month after, while he had already been paid for the full duration of the contract," he said.
"In Pitso's case from my reading, he had a long-term contract and Sundowns elected to pay an entire amount immediately. Once there is a clawback clause it means that should there be an agreement to terminate early, you have a right to claim back the amount you paid in excess towards the service that was provided. So, if Pitso was supposed to be there for 10 years but only served for two years, then you are (Sundowns is) entitled to the eight years that he didn't serve. That's because essentially you would have paid for the services that were not rendered," concluded the legal expert.
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