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.
