The South African Football Players Union (Safpu) is taking the South African Football Association (Safa) to the high court due to its failure to have disputes heard and resolved in employment-related cases involving players. The high court case specifically relates to eleven of Safpu’s members who have been denied access to justice.
Safpu argues that Safa has undermined its members’ constitutional right to fair administrative action and have their disputes resolved.
Safpu has also approached the International Federation of Professional Footballers (Fifpro) to intervene. In papers filed this month, Safpu highlights Safa’s refusal to recognise the union as the official representative body for professional footballers in South Africa.
According to Safpu, these members were parties to disputes before the National Soccer League Dispute Resolution Chamber (NDRC), all primarily relating to breaches of contract, outstanding remuneration and salaries, and all of which have subsequently been referred to the Safa arbitration tribunal on appeal.
“A recent example is the unresolved case of Cape Town Spurs players Luke Baartman and Asanele Velebayi. After the team’s relegation, the NDRC declared them free agents, and they were signed by Kaizer Chiefs. Yet, over a month later, Safa has failed to hear the appeal, leaving the players and their new club in limbo because the award remains suspended until the finalisation of the appeal,” said Safpu secretary general Nhlanhla Shabalala.
“Some of these cases have been pending since 2019. This isn’t a delay – it’s a deliberate and unlawful denial of justice.
Safpu argues that Safa has consistently excluded them from key decision-making processes, thus undermining players’ rights to fair representation under South African labour law.
“This is particularly the case when it comes to arbitrators. In accordance with a collective bargaining agreement (CBA) entered into between the National Soccer League and Safpu, appeals from the NDRC must be heard by an arbitrator appointed from an agreed-upon list contained in the CBA. What Safa has been doing, however, is to appoint arbitrators who do not appear on the list in the CBA, without any input or prior agreement from Safpu or the league,” said Shabalala.
“Delayed justice is no justice at all. The silence and inaction by Safa are not just administrative oversights; they are political choices that betray the players.”
Shabalala said the present situation constitutes a clear breach of the CBA, which requires arbitrators to be selected from a mutually agreed list.
“This case is about more than just procedure – it’s about protecting collective bargaining, defending the legitimacy of the union, and restoring dignity to the members Safa has sidelined,” he added.
Said Fifpro Africa secretary-general Kgosana Masaseng: “What is happening in South Africa is not unique. Fifpro Africa pledges its support to the 11 members who have been denied justice and to Safpu as the official representative of players in South Africa. If Safa denies justice, legal action is necessary for the union to protect its members and uphold accountability and fair play.” Safa CEO Lydia Monyepao had not responded to Sunday World enquiries before going to print.
