In a move that will give credence to claims that Mamelodi Sundowns are an animal farm where all animals are equal but some are more equal than others, the commission contracts of the agents who represented former Mamelodi Sundowns coach Rulani Mokwena and his assistant Manqoba Mngqithi did not have the clawback clause that was incorporated into Pitso Mosimane’s agent and wife Moira Tlhagale.
This was revealed in the contracts of Mngqithi’s agent, Mike Makaab and Mokwena’s agent, Steve Kapeluschnik. Kapeluschnik and Makaab submitted the contracts to the Johannesburg High Court last month after being subpoenaed to do so by Mosimane and Tlhagale’s lawyers, Mabuza Attorneys.
The lawyers subpoenaed the two to submit their contracts -after Tlhagale lamented in her defence that Sundowns discriminated against her on the basis of her race and gender when they inserted the clause in her contract because the club did not include it in Makaab and Kapeluschnik’s contracts.
According to Makaab’s contract, which we have seen, Sundowns paid him just under R1-million in commission for securing Mngqithi’s position as Mosimane’s assistant coach in 2020. This comes with no condition to refund the club in the event of Mngqithi’s premature departure from Chloorkop.
“Notwithstanding the fact that the intermediary represents, and has negotiated the employment contract on behalf of the assistant coach, Sundowns agrees and undertakes to pay the intermediary’s commission in the amount of R984 000 plus VAT, being the commission or remuneration due to the intermediary for the services rendered to the assistant coach by the intermediary, in terms of the representation agreement between the intermediary and the assistant coach, for the employment period 1 July 2020 to 30 June 2024,” reads the contract.
Kapeluschnik’s contract also indicates that he did not have the clause. The contract shows that he was supposed to be paid just under R800 000 commission for securing Mokwena’s joining the team as Mosimane’s assistant.
“Sundowns agrees and undertakes to pay the intermediary’s commission or remuneration due to the intermediary for the negotiation and conclusion of the employment contract between the assistant coach and Sundowns as follows: For the period 1 July 2020 to 30 June 2022 – an amount of R593 280, excluding VAT. The amount shall be paid to the intermediary within 14 business days into a bank account nominated by the intermediary in a valid tax invoice issued to Sundowns by the intermediary. For the period 1 July 2022 to 30 June 2023, an amount of R323 596 excluding VAT. For the period 1 July 2023 to 30 June 2024, an amount of R343 012, excluding VAT.”
However, the club did not stipulate that the agent should pay back the commission in the event Mokwena leaves the Brazilians before the end of his contract.
However, in Tlhagale’s contract, the club placed a clawback clause, which decreed that if Africa’s best coach leaves before his contract ends by the effluxion of time, she should pay back the commission they paid her. She begrudgingly put pen to paper, according to the court papers.
South Africa’s best football club paid over R8-million into Tlhagale’s entity’s account afterwards, but Mosimane left before his contract could come to an end after a fallout with the team and went to join Egyptian giants Ah Ahly.
As a result, Sundowns went to court and demanded that -Mosimane and Tlhagale pay back the commission, but the couple refused and said the clause was unconstitutional and discriminatory. The trial is still before the court.
In terms of the law, did she not sign when she wanted mosomanr to be head coach? She should have challenged this clause before signing. The two that she is referring to were assistants coach and obviously their contracts would not be the same as the responsibilities and salaries will not be the same. Why challenge the clause when you have to honor it but not before signing?
She is right it’s about principle of fairness when she signed she didn’t know about other contracts that, that clause was not included in them.
She is taking the full risk which I commend pro rata is not enough but at the end can get it so it optional.
When Africans got independence they settled for option instead of everything I am a sundowns supporter but I will like to thank tlhagale for stand for her right as a woman
Challenging the clause in the contract that you have already signed 🤔🤔🤔
If this can be proved that it was unconstitutional then she has the right not to payback the money. Sundowns will have to prove why the contract was different for other Coaches.
The Legal grounds here is Fairness: Mosimane’s team need to prove that the clause is overly restrictive, unfair. The clause in question seems to violate labour laws as it was stated on his contract and not for the other coaches. So Sundowns knew that there are high chances of losing Mosimane.
They saw it as a loophole and are taking advantage of it.Very clever
This is disingenuous from Pitso’s wife. She signed the contract and was due to receive a payment of R8 million for facilitation the extension. She nonetheless signed the contract thus making it binding between her and the club.
Now that the coach left immediately after the extension was signed, she wants to keep the R8 million when in fact the coach didn’t see through the contract. Either she feels entitled for merely sitting at the negotiating table or she is greedy because there is no way to explain her demand to keep the money.
The comparison of her contract with those of agents representing Rhulani and Manqoba is nonsensical since the amounts paid may well have been indicative of the values associated with such contracts and her willingness to sign the contract means she was aware of this very fact.
What she should be fighting for is perhaps that she keeps a pro-rata of that amount which represents work she did which is associated with the negotiations themselves rather than the suspensive condition that the coach see out the rest of his contract.
The prorata amount is much less. Remember Mosimane walked away 4 months into the new contract.
Rhulani’s contract as it says here above, the agent was entitled to claim each year of the contract for a period of 4 yrs and with Mosimane the monies were all paid at once for a 4 years contract.
I was involved in a similar dispute where my previous employer wanted me to pay all the prepaid retention bonus after serving part of the term whereas it waved the same for those who subsequently left.
Ishh we need to understand certain issues let’s don’t just say the contract is binding,the lady hear she’s got a very good winnable case,the judge have to be convinced that the clause in question on the contract is not discriminating en constitutional something that Sundowns will struggle to proof since the 2guys contract are the same these 1 is different since those 2guys agents are non black en they are males, the verdict would be contract was drafted in bad faith so Sundowns will loose these 1 since dicisions in court are not taken like these ones they made during matches.
Please can you explain what is the purpose of contract
The Law of Contract is very clear. Party A contracts with party B, and when both parties sign , it is complete, valid and binding on both parties. Negligence, misjudgements , misinterpretations and all that cannot be used to overturn the contract. The signing of these contracts are mutually exclusive, meaning that what has been in each of the three contracts has got nothing whatsoever and howsoever to do with the other contract. Bringing other contracts in the argument will be set aside.
The particular clause in her contract, is valid and binding since she signed and agreed to it.
The clause can only be argued if it contains an error in law, being unconstitutional or at error with the root of the law, NOT erroneous because it is not contained in the other contracts. I am not a lawyer but this weak and silly argument may cast a shadow on the competency of her lawyer.
8million was fully paid for pitso to work another 4years
Simple…if a builder charge u 4million to completely build u house and u agree by signing a contract n deposit that money in to his account then i it happens after buying material n startting foundation he leaves for another job he or she must return the money coz she or he did not honour agreement. So gender discrimintion etsena kae mowe?why she did not bring gender ntoni ntoni by the time she recieve 8million as woman when other men recieve 1million or less ?