“Players can easily go to the DRC to request that they be declared as free agents,” he said.
Respected sports lawyer Mandla Tshabalala has weighed in on the legal dilemma facing Cape Town Spurs following their relegation from the Motsepe Foundation Championship.
Having dropped to the ABC Motsepe League, Spurs are now regarded as an amateur club. This status means their players are free to leave without transfer fees, effectively making them free agents.
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Asenele Velebayi and Luke Baartman are reportedly close to joining Kaizer Chiefs, while Liam Bern has been linked with AmaZulu FC.
Spurs, however, released a statement voicing concern over the manner in which some of their players are being approached by top-flight clubs.
“We are actively addressing this matter through appropriate channels and will deal with it in a professional and resolute manner,” the club said in a carefully worded statement.
‘Cape Town Spurs has ceased to exist’
Speaking on Radio 2000, Tshabalala explained that the club’s demotion has stripped them of their professional status and, with it, any legal ground to demand transfer fees for their players.
“Right now, the membership of Cape Town Spurs has ceased to exist because they are no longer a member of the PSL. So, what happens is that the players can easily go to the DRC to request that they be declared as free agents,” he said.
“With that order, they can go and register for a club of their own choice. We are talking about something that we have not seen and what their contracts say and whether their contracts deal with what happens if the club gets relegated.
“Most clubs in the NSL have a standardised contract that they use, but clubs are also permitted to draft their own contracts that will suit their own terms and conditions that they will have reached with a player. So we don’t know exactly what is contained.
“I suspect there must be something that Cape Town Spurs have, because I don’t think they would issue such a bold statement or demand without anything that covers them. I really suspect that there’s something in the contract that they are positive will go in their favour.”
Will Spurs rely on relegation clause?
When asked whether Spurs could rely on a relegation clause to retain any legal authority over player movements, Tshabalala remained doubtful.
“I would still say no because remember you can only sell a player from one professional team to another professional team,” he concluded.
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“That’s the usual transfer, but if you are no longer a member of the league, the rules empower the league through the DRC to release the player as a free agent without the club claiming any compensation.”
