It may have taken several months to be resolved, but coach Pitso Mosimane – for the most part – has had his day in court against his former employers Al Ahli Jeddah, who were found guilty of contravening his employment contract by world football governing body FIFA. Not only was the 59-year-old vindicated in his decision to sever ties with the Saudi club, but he was handsomely remunerated for his efforts. What was supposed to be the awakening of a sleeping giant resulted in a nasty divorce between the two parties, despite the fact that the outspoken mentor had delivered on his mandate to get the club back to Saudi Arabia's topflight in just eight months. He has enjoyed a subsequent spell with Al Wahda in the United Arab Emirates and is currently in the employ of Abha Club in Saudi Arabia, but this has been a matter of great public interest. And in a recent interview while a guest at Soccer Africa on SuperSport TV, Mosimane was asked about the issue and said sternly, 'You will pay', indirectly referring to his former side. It was a remark accompanied by a typical Pitso Mosimane smirk, and now it looks like indeed, he will be smiling all the way to the bank. In this feature, Soccer Laduma breaks down what exactly transpired.
The background story
In September 2022, Pitso Mosimane signed a lucrative, nine-month contract with then relegated Al Ahli Jeddah on the promise that he would help guide the club back to the Saudi Pro League. His initial deal would run until June 2023… although the contract stated that if the coach managed to lead the team to promotion, he would not only receive a bonus for doing so – his contract contained an option for a further year, given that he leads the side to promotion. The former Mamelodi Sundowns mentor upheld his end of the deal, not only managing to gain promotion with the club as per his mandate, but leading them to the league title with one match to spare, managing 16 wins, six draws and only two defeats in twenty-four games with the club. Al Ahli, on the other hand, failed to uphold their end of the bargain. Not only did they not pay the coach his salary for five months from January to June – but they also failed to honour the option on his contract and subsequently appointed German coach Matthias Jaissle as his replacement. As a result, the Kagiso-born man terminated his contract with the side, on the basis of non-payment and having duly served them with a notice, and reported them to FIFA. His case at the world football governing body was accepted and heard, with the ruling thereof made public.
What Pitso's camp said
• The coach's camp, headed by his agent and wife, Managing Director of MT Sports and Marketing Moira Tlhagale, alleged that his monthly salary of $139 500 (±R2.7 million) had not been paid for five months.
• They further stated that they were due bonuses of $246 000 (±R5.1 million), which had not been paid.
• For the 2023/24 season, the celebrated coach would have collected a salary of $120 000 (±R2.3 million) a month for 12 months, which amounts to $144 000 (±R27.9 million). His camp demanded that this amount also be paid.
• Part of Mosimane's recommendations to FIFA was the business class flights that would have been included in the 2023/24 season contract for himself and his technical team made up of Kabelo Rangoaga, Musi Matlaba and Kyle Solomons, which amounted to $7464 (±R144 000). This was another amount the ex-Bafana Bafana mentor had demanded to be paid.
• Having acknowledged receipt of payment in August 2023, the 59-year-old and his camp demanded that the interest on the late payments be added to their claims.
Al Ahli counter the claims…
• The club, in their defence, stated that they had made a bulk four-month payment to Mosimane in August 2023, two months after the coach had departed from the side. They had initially opted not to pay the coach his salaries, after accusing him of reneging on his promise to continue as the coach of the club and terminating his contract, despite the automatic clause it contained.
• Al Ahli Jeddah stated that they had paid for Mosimane's flights and fulfilled all their duties to the coach in that regard.
• They further stated that they had not entered into an agreement with the man fondly known as "Jingles" and his technical team over win bonuses that amounted to R112 000 per match – and this was not an amount that was stipulated in the contract between the two parties.
Independent Judge's findings
To resolve the matter amicably between the two parties, FIFA hired an independent female judge from Players' Status Chamber to make recommendations based on her findings. Amongst the findings was that Mosimane's camp abided within the law by notifying Al Ahli 15 days prior to terminating their contract that they had intended to do so due to non-payment. The initial notice was delivered to the club's management on 28 May 2023 and the coach and his technical team terminated their contracts on 12 June 2023. It was also found that they had just cause for the termination of the contract. The findings also stated that Mosimane had been paid four of his five outstanding salaries, albeit late, with the May 2023 salary the only one that was left unfulfilled by the club.
The club could not provide sufficient evidence to substantiate their claims that Mosimane was in breach of contract and reneged on his promise to coach the club upon promotion to the Saudi Arabian Pro League and therefore his salary was withheld. Given that they had paid the coach two months after his departure from the club, the Judge asserted that the bulk salaries that were paid in August 2023 had accrued a combined interest of $8218 (±R159 000), which was to be paid to the coach.
The Judge had found that Mosimane, as per his contract, was entitled to bonuses linked to winning the league that amounted to $216 000 (±R4.1 million) despite the club claiming that the coach had received these amounts. Further recommendations were that Mosimane's demand to be paid win bonuses of R112 000 per match did not contain substance and did not form part of the contract. The evidence provided by the coach's camp stating that they had an agreement in place with management was deemed insufficient and thus the claims were dismissed.
Another of Mosimane's claims that were dismissed was that of the four business class flight tickets from Saudi Arabia to South Africa. Because this had only fallen part of Mosimane's option on his contract – which at the time had not come into effect – the club were under no obligation to pay the outstanding amount. Rather, it was decided that the coach should be paid the cost of one flight ticket, which amounted to $3 395 (±R65 000)
One of the judge's final outcomes was that Mosimane was entitled to three months' salary due to the termination of his contract, provided that he terminated his contract with just cause, which in this instance he was within his right as he had not been receiving his full salary.
FIFA's final outcomes
FIFA's Players' Status Chamber ruled, for the most part, in the former Al Ahly coach's favour and found Al Ahli guilty of non-payment, amongst other things, which came at hefty monetary costs to the club. For his outstanding salaries, al Ahli were ordered to pay him $355 500 (±R6.8 million) with an additional 5% for interest accrued, which amounts to $8218, 80 (±R158 967).
For the flight ticket, Mosimane has been ordered to receive $3 394 (±R65 652,86). Given that the option in his contract would have ended in June 2024, Al Ahli were ordered to pay the coach an amount of $ 786 000 (±R15.2 million), which is a portion of the sum of $1 440 000 (R28 million) for the remainder of his would-be contract. In total, Mosimane is due an amount of $1.1 million (±R22.2 million).
Al Ahli, as is law with FIFA, have been handed a three-window transfer ban, pending the settlement of all outstanding fees to the coach and his camp. The club had also been ordered to effect the payments so within 45 days of receiving the judgment.
But there's more….
Mosimane's trusted soldiers Kabelo Rangoaga (fitness coach), Musi Matlaba (performance analyst), Kyle Solomons (performance analyst) and Maahier Davids (assistant coach) have also won their respective cases against Al Ahli at FIFA. The quartet, while not as handsomely as Mosimane, are also set to be remunerated for the following amounts in a similar case to that of head coach.
• Rangoaga $246 299 (±R4.7 million)
• Solomons $59 289 (±R1.1 million)
• Matlaba $74 543 (±R1.4 million)
• Davids $114 500 (±R2.2 million)
These amounts were listed as unpaid salaries, bonuses owed to Mosimane's members of staff and breach of contract without just cause.