Foreign players in the PSL, appear to have an advantage in disputes resolutions, with their cases going straight to FIFA, and the reason why has been explained.
The recent contractual saga of Samir Nurkovic and Royal AM, has went through what has become a common resolution process for internationals, of being referred straight to FIFA instead of being dealt with at the PSL, Dispute Resolution Chamber (DRC) level.
As a result of international player cases being handled by FIFA, there has been numerous and increasing club transfer bans in the PSL, mainly for alleged unlawful termination of player contracts.
However, South African players can't take their disputes straight to FIFA.
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It was initially assumed to be a requirement by FIFA but sports lawyer Evert De Bruyn, who deals with a lot of the disputes locally and intentionally, has revealed why international cases can't be heard in the PSL's DRC.
"The reason why international players can go straight to FIFA is because our national dispute resolution setup, as it were, is not complied with FIFA minimum regulations at this point in time. Within the PSL confines it's fine, it's complied," De Bruyn said in an interview on Smash Sports YouTube Channel.
"These are basics of independent tribunals. These are straightforward. It's something that can be fixed very quickly [by SAFA]. Once they've done that we will be able to see international cases being dealt with in S.A.
"It's that a good thing? Clubs would say yes, because it lands itself to a longer process. FIFA are very pro-player. In SA, we have a very much pro-clubs sentiment. The argument then is the PSL DRC inherently independent? A lot of people have complained about it. But ultimately you have to accept that the people who sit at the DRC are not affiliated with the PSL," De Bruyn stated.
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Clubs like Kaizer Chiefs could have probably avoided a transfer ban in 2020, if their case with Andriamirado "Dax" Andrianarimanana was handled in the country, as they wanted to challenge a Court of Arbitration for Sport (CAS) ruling upholding a two window transfer ban but were frustrated by bureaucratic processes contained in courts in Switzerland.
Amakhosi could also argue that they could have had a better chance to win the CAF Champions League, if they did not have a transfer ban in place, after a 3-0 defeat to Al Ahly in the final, in the season they could not register players.
