Malawian international footballer Gabadinho Mhango and his club, Marumo Gallants, are embroiled in a bitter legal battle over his image rights, with the club issuing what is believed to be threats to expel him from the team over the matter.
Mhango is demanding more than R800 000 plus interest from the club for exploiting his image rights to promote, market and advertise the fixtures of the team on social media platforms ahead of its matches.
News of Mhango and Gallants’ image rights dispute came to the fore when the fast-footed striker took his club to the Johannesburg High Court, where he seeks an order to force the team to pay him the quantum.
Mhango said he believes the court would give him the relief he seeks after the PSL’s national dispute resolution committee refused to hear his case on February 14, saying he should take the legal route because it did not have jurisdiction to preside over the case.
In the court papers, which we have seen, the former Orlando Pirates forward said as a professional footballer, he enjoys the benefit of commercially exploiting his image and signature rights, which include the use of his name, photograph, reputation, signature, initials, nickname and voice.
He said he had granted his agency Prosport, which is owned by Michael Makaab, the exclusive and sole mandate to use, sell or otherwise trade in his image and signature rights.
He said the use of his image and signature rights by Prosport includes entering into any contracts, including, but not limited to, licensing, sponsorship and advertising contracts, as well as contracts with football clubs involving the “sell-on” of the said rights by the agency to such football clubs for value.
He said when he joined Swallows, the agency concluded a contract with the club.
Swallows, he stated, agreed to purchase the rights to use his image and signature as a footballer of the club for a total of R828 000.
Mhango said Prosport ceded his image rights to him on August 29 last year.
“Therefore, any rights of Prosport in terms of the image and signature rights contract are now for my benefit.”
He said Gallants purchased the club from Swallows as a going concern and is responsible for all obligations in respect of any contractual agreements concluded by the Dube Birds, including the image and signature rights contract.
He said that since then, Gallants have been making use of his image and signature rights.
“On December 5, 2023, the club used an image of me in club regalia to promote its fixture against Orlando Pirates Football Club.
On September 13, 2024, the club shared a video on its Instagram social media page of an interview conducted with me in which I share my views on an upcoming fixture and wearing the club’s jersey.
On March 14, 2025, the club shared an image of the team sheet, which reflects my name in the starting line-up as number 7 to promote the upcoming fixture,” he stated.
Despite exploiting his image rights for its benefit, Gallants have refused to pay him.
“Notwithstanding the aforesaid use of my image and signature rights by the club, it has breached the image and signature rights contract by not making payment of any of the instalment amounts outlined in the contract.”
In light of the club’s failure to pay the instalment amounts, the full outstanding amount of R828 000 was now due and payable. Mhango said his lawyers wrote letters of demand on January 24, 2024, for payment in the amount of R428 000. They wrote another letter of demand on September 2, 2024, for payment in the amount of R400 000.
The club, via its attorneys, Botha Massyn & Thobejane Associated Attorneys, responded with a threat. “The club merely indicates that the cession of the image and signature rights does not alter the applicant being employed as a footballer for the club, and that should the applicant fail to provide his services as a footballer, he shall bear the harsh consequences of his unlawful action”.
The club makes no mention of the money it owes in respect of the image and signature rights contract but responds by a threat relating to the football contract, which is a separate matter,” he stated.
Mhango, who is reportedly linked to a move to the struggling Kaizer Chiefs, said his lawyers, BDP Attorneys, wrote a letter on March 25 demanding payment of the outstanding amount of R828 000 from Gallants. The following day, the club responded to the letter through its attorneys, denying that it was indebted to him.
