The legal team of former Mamelodi Sundowns coach Pitso Mosimane has failed to attend a pre-trial conference in which a settlement could have possibly been discussed to end his legal battle with the Brazilians.
News of the legal team’s failure to attend the pre-trial conference, which was held on August 18, is contained in the pre-trial conference minutes filed at the Joburg High Court on August 23.
In the minutes, which we have seen, Mamelodi Sundowns’ law firm, Bowman Gilfillan Inc, stated that they sent Mosimane’s lawyers, Mabuza Attorneys, an e-mail on February 16 requesting suitable dates for a pre-trial conference.
They said physical copies of the pre-trial conference agenda and a request for admissions and particulars were subsequently served on Mosimane’s lawyers, who failed to reply.
After failing to reply, they sent another e-mail with similar requests on July 28.
“No response was received, and the respondents’ attorneys failed to attend the pre-trial conference. Take notice that a pre-trial conference was held [on] 18 August 2022 at 9h00 until 9h13 attended only by the plaintiff’s attorney and counsel on Teams.
“The plaintiff is prejudiced by the defendants’ failure to attend the pre-trial conference. Given the defendants’ non-attendance at the pre-trial conference, settlement could not be discussed,” read the minutes.
Given Mosimane’s lawyers’ failure to attend the pre-trial conference, said the lawyers, they will bring a compelling application to obtain the requested particulars and admissions from them.
They said they will also request Mosimane and his wife Moira Tlhagale to agree that there are no issues that can or should be referred to mediation, arbitration or for decision by a third party.
“That defendants will be requested to agree that the matter should not be referred to another court,” read the minutes.
Sundowns took Mosimane and Tlhagale’s company, Tlhagale Sports Marketing and Management, to court in 2021 demanding that they pay back over R8-million agent commission they received from the club.
The commission was linked to Mosimane’s R1.5-million salary per month he was receiving from the Brazilians before he left to coach Egyptian football giants Al Ahly.
Mosimane and Tlhagale’ company, who are first and second respondents, respectively, filed papers in the Joburg High Court opposing Sundowns’ application.
In the papers, Mosimane admitted that he had signed a contract on May 2020 for him to mentor the team until 2024. He said the relationship between him and the club deteriorated later that year and rendered their working relationship intolerable.
He also said Sundowns were responsible for the breakdown of their relationship because they sent him a letter demanding that he submit pre- and post-match reports before and after every match, instead of once a week as per his contract.
The seasoned coach added that the club sent him another letter later alleging that he had put the club into disrepute for comments he made during his post-match interview.
Though he did not explain in the papers what the club said he did that constituted bringing it into dispute, we revealed in our previous story that Sundowns were referring to an indirect jibe Mosimane made against club official Cedric Moela, who had been quarrelling with him after winning the league.
Mosimane said the club hauled him before a disciplinary hearing in 2021 and forced him to apologise for his post-match remarks. He said Tlhagale pleaded with Downs to grant him more time to consider the request for an apology, but they refused.
Mosimane said after a few meetings with (club owner Patrice) Motsepe, his contract was terminated by mutual agreement, noting that the club issued a statement later indicating that Motsepe had approved and supported his resignation.
As result, said the coach, he and his wife were not expected to pay back any portion of the commission. He added that the contract stipulated that if there were disputes arising from the contract, such should be referred to mediation.
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