Confederation of African Football president Patrice Motsepe has been subpoenaed to appear before the Joburg High Court to testify in a civil suit involving Mamelodi Sundowns, its former coach Pitso Mosimane and the mentor’s agent, Moira Tlhagale Sports Marketing and Management.
The subpoena, which we have seen, was issued by the registrar of the court to the sheriff of Sandton South or his or her deputy on March 26. The sheriff is expected to deliver the subpoena at Motsepe’s home or his business premises in Joburg.
According to the subpoena, Motsepe is required to appear in court at the corner of Von Brandis and Pritchard streets in person on Monday, April 29, at 10am. Thereafter to remain in attendance until excused by the court.
The subpoena was applied by Mosimane’s law firm, Mabuza Attorneys. It compels the mining magnate to testify on behalf of the coach and the agency. The said agency is owned by Mosimane’s wife, Moira Tlhagale. This “in regard to all matters within his knowledge relating to an action now pending in the said court”.
Motsepe has been warned that if he fails to appear in court on the scheduled date, he will render himself liable to a fine. This or imprisonment for a period not exceeding three months.
The club, which is the plaintiff in this matter, is suing Mosimane and his wife’s company, cited as second and first respondents, respectively. This after they refused to comply with the club’s demand to pay back at least R8-million in commission they received.
Mosimane left the club before the end of his contract, following a fall-out with Motsepe in 2020.
The club said the quantum was for the 44 months that Mosimane was supposed to have spent coaching the team, but instead, he left to join Egyptian outfit Al Ahly.
The PSL outfit mentioned the clause in the contract that Mosimane signed. It stipulated that Tlhagale’s company should pay back the commission if Mosimane left the club before the lapse of his contract.
However, Mosimane and the agency argued that the clause in the contract called “head coach agreement” was unconstitutional, invalid and unenforceable.
They argued that the clause provided for the repayment of the commission paid to his wife’s company, even though Mosimane was not a party to the payment agreement.
The papers also state that Mosimane and the company challenged the clause because it required the repayment of the commission regardless of the circumstances that resulted in the termination of the agreement.
Mosimane and the entity further argued that the clause was unenforceable and unconstitutional because it made the repayment of the commission due by his wife in circumstances where he terminates his contract to which she is not a party.
Sundowns disputed Mosimane and the entity’s contention, arguing the company was the coach’s agent. “The second defendant acknowledged the commission would be paid to the first defendant on a particular basis.
“The second defendant acknowledged that the commission payable to his agent was to be paid upfront on the assumption he would serve out the term of the head coach agreement, and he voluntarily agreed to be liable for the commission in the event he failed to fulfill the term of the contract,” read the papers.
Sundowns also said there was nothing unreasonable about their demand because they had expected the contract to run to its full term.
Sunday World understands that although Motsepe has been subpoenaed to testify on behalf of Mosimane and his agent, he is likely to testify against them and in support of the club, which he owned before resigning when he was elected Caf president.
