A DStv Premiership club is in hot water with FIFA over a contractual matter involving a former player.
In July this year, the Siya crew reported that Kenyan midfielder Ovella Ochieng had taken his former club Marumo Gallants to FIFA over a contractual dispute.
Read: Marumo Gallants Could Be In Trouble Again With FIFA
Ochieng had been with the Limpopo outfit since August last year and was released in January after the club failed to register the player with the league.
It has since been confirmed by FIFA that the 22-year-old has won his case against Gallants and the club has been ordered to pay what is due to him.
FIFA confirmed the latest developments in a statement:
"On 11 August 2021, the Kenyan player, Ovella Ochieng (hereinafter: the Claimant), and the South African club, Marumo Gallants FC (hereinafter: the Respondent) signed an employment contract valid as from 1 August 2021 for a period of two years.
"Pursuant to the schedule to the contract, the Respondent undertook to pay to the Claimant, the following remuneration: a salary of (South African Rand) ZAR 30,000 per month from 1 August 2021 to 30 June 2022; a salary of ZAR 33,000 per month from 1 July 2022 to 31 June 2023 (indicated in the contract as a 10% increase).
"According to the Claimant, he commenced training on 11 August 2021 and his work permit was obtained by the Respondent on 18 August 2021 with an expiry date of 9 August 2024," reads the FIFA's statement, in part.
"Based on the foregoing, the Single Judge rejected the Respondent's argument that it would not be obliged to pay the salaries of the player due to the fact that he did not render any services to the Claimant as the registration of the player could not be timeously affected with the South African Football Association. Moreover, the Single Judge recalled that it remains undisputed that the Claimant and Respondent had effectively concluded, on 11 August 2021, a valid and binding employment contract for the period between 1 August 2021 and 30 June 2023, as such, the Single Judge deemed that it was the responsibility of the Respondent to pay the salaries to the Claimant for the aforementioned period.
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"The Single Judge mentioned that the Respondent was bound to a valid employment contract with the Claimant, and that it shall be considered that it had breached said contract, by not properly registering the Claimant and by failing to pay his monthly remuneration. On account of the abovementioned circumstances, the Single Judge concluded that the Claimant, on 21 December 2021, had unilaterally terminated the contract with just cause and that the Respondent should be held liable for the consequences thereof.
"Having stated the above, the Single Judge turned his attention to the question of the consequences of such unjustified breach of contract committed by the Respondent. The Single Judge observed that the outstanding remuneration at the time of termination, corresponds to the monthly salaries in the period between August and November 2021 in the total amount of ZAR 115,000. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the Single Judge decided that the Respondent is liable to pay to the Claimant the total amount REF FPSD-4656 Page 9 of ZAR 115,000, which was outstanding under the contract at the moment of the termination, i.e. 21 December 2021, broken down as follows: ZAR 30,000 as from 31 August 2021; ZAR 25,000 as from 31 September 2021; ZAR 30,000 as from 31 October 2021; ZAR 30,000 as from 30 November 2021," reads the statement.
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