Court told Sundowns board member lied about contracts 

The Johannesburg High Court heard explosive evidence this week that a Mamelodi Sundowns official lied under oath about her involvement in the contract negotiations of the club coaches’ agents involving hundreds of thousands of rands. 

This was part of evidence led in the bitter legal battle between the club’s former coach Pitso Mosimane, his agent Moira Tlhagale and Sundowns. 

Tlhagale, Mosimane and Sundowns are engaged in a bitter legal battle over the club’s demand that she pay back commission in agent’s fees of about R8.6-million.  

During cross-examination by advocate Tembeka Ngcukaitobi this week, the court heard that the club’s board member Dr Rejoice Simelani, lied under oath about her involvement in the contract negotiations of Rulani Mokwena’s agent, Steve Kapeluschnik, and Mangqoba Mngqithi’s agent, Mike Makaab. 

Kapeluschnik and Makaab’s contracts were laid bare in court after Mosimane and MT Sports director Tlhagale subpoenaed Mokwena and Mngqithi’s agents to testify about their contracts with Sundowns. 

According to evidence led by Ngcukaitobi, both Kapeluschnik and Makaab’s contracts were signed by Sime-lane on behalf of Sundowns. 

The club is a plaintiff in the matter where they are demanding Mosimane and Tlhagale pay back commission in agent’s fees paid to MT Sports of about R8.6-million. 

“Dr Simelane said that she is not privy to the information regarding contractual negotiations of the other two coaches and agents, so she will accept that what counsel is saying that the contracts were not the same,” Tlhagale said during cross-examination by Ngcukaitobi. 

“She (Dr Simelane) signed both Kapeluschnik and Makaab’s contracts on behalf of Sundowns, so therefore there is no evidence that she did not know about the state of these contracts. 

“So, she lied to the court because she said that she was not privy to the contractual information, considering that she actually signed the contracts on behalf of Sundowns,” Tlhagale testified. 

After what had been an intense legal battle and emotional weeks of being interrogated by two of the most seasoned legal powerhouses in Ngcukaitobi and Vincent Maleka SC, Tlhagale had her support structure in Mosimane, who was present in court to witness the court proceedings. 

Last week, Tlhagale probably experienced her most intense court appearance since the start of the trial while under cross-examination by Sundowns’ lawyer Maleka. 

Mosimane, who did not take to the stand as expected, sat in the gallery among an intimate crowd, all suited up, as he witnessed his wife being grilled by Maleka on the issue of a controversial clawback that has since landed them in court. 

As Mosimane was seated listening to the testimony of his wife and agent, he would constantly close his eyes for a couple of minutes, as if he was taking everything in. 

There was, however, a change in his body language at times when Jingles, as Mosimane is fondly known, would pull out a smirk whenever Tlhagale delivered a compelling response to Maleka. 

MT Sports, in their defence, presented the contracts of Mokwena and Mngqithi, as well as the intermediary agreements of Kapeluschnik and Makaab with the club in court on Monday. 

The evidence highlighted that the contracts of Kapeluschnik and Makaab did not have the clawback clause, which is a key point in Tlhagale’s argument that she was discriminated against in contract negotiations because of her race and gender. 

The court heard that Makaab was paid R984 000 for negotiating Mngqithi’s contract in July 2020, which would run from July 1, 2020 to June 30, 2024. 

On the other hand, Kapeluschnik received R799 100 on or before July 15, 2003 from Sundowns, and should Mokwena still be employed at Sundowns from July 1, 2024 until June 30, 2025, Kapeluschnick is expected to be paid another commission of R763 000 by July 15, 2024, once a tax invoice has been submitted to Sundowns. 

The court was adjourned to a date of commencement that is yet to be determined by Judge Shanaaz Mia. 

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