Top PSL club Sundowns accused of gender, race discrimination

Celebrated coach Pitso Mosimane’s agent Moira Tlhagale who is also his wife has told the Johannesburg High Court that Mamelodi Sundowns management undermined her in their dealings because of her gender, race, and relations with the coach.

Mosimane and Sundowns are engaged in a bitter legal battle over the club’s demand that he pay back commission in agent’s fees in the region of R8.6
million.


In her testimony, Tlhagale emphasised that Sundowns undermined her position as a black female agent.

She testified that Sundowns discriminated and overlooked her role as an agent and negotiated directly with her client Mosimane.

She also said she did not receive her agent commission from the first two contracts that she negotiated in 2012 and 2016.

 Tlhagale also said Sundowns also inserted a clawback clause which was, according to her, not in other agents’ contracts.

She said other agents, Mike Makaab, who represents Manqoba Mngqithi, and Steve Kapeluschnik, who is the agent of Rulani Mokwena and the agent of Johan Neeskens, whom Mosimane succeeded in 2012 did not have this clause in their contracts.

 “I don’t think a contract of this nature could have come if I was not the coach’s wife and if there was another agent,” Tlhagale testified on Friday.

“At that time before I signed his contract, which I think was unfair, I did ask the coach maybe he needs to fire me and get another agent because I do believe that other agents that have worked with Sundowns did not have a clause like that.

“So, my challenge in the whole process was having to deal with Sundowns, where they sometimes speak to the coach about me or send a letter to the coach about my work.

“There was always a problem about separating Moira Tlhagale the wife and Moira Tlhagale the professional which I think is unfortunate because we do find families across the world where parents, brothers or spouses being agents of their family member,” she said.

“But in this case, it seemed like, to me, that the salary that Sundowns gave to coach Pitso in their view was enough and therefore, in their view, because while I am the agent and wife, regardless of the negotiations that had been done, they just saw me as Pitso’s wife and that to me was one of the biggest problems.

I felt undermined and disrespected as an agent.”

Before Tlhagale could testify in the long-awaited legal battle, club board member Dr Rejoice Simelani, took the stand and testified on behalf of Sundowns, who are a plaintiff in the matter.

She was cross-examined by Mosimane and Tlhagale’s lawyer Tembeka Ngcukaitobi on the controversial clawback that was included in Mosimane’s last contract with Sundowns in 2020.

“The contract clearly stated that if you take this money, in the event that something happens, we will claw back the balance that was not part of the term period not served,” Simelani said.

This was in response to Ngcukaitobi’s question on what Tlhagale was supposed to do to ensure that Mosimane did not leave the club and subsequently secure the amount she was already paid by the club in agent fees.

The club wants Tlhagale to pay for the 44 months that Mosimane was supposed to have spent as Sundowns head coach before he left to join Egyptian giants Al Ahly in 2020 on a lucrative R2.5-million deal.

Mosimane left Sundowns before the end of his contract following allegations he had fallen out with certain club officials, including former club president Patrice Motsepe.

 “According to the clause in the contract, if the coach leaves before serving his full term, it is simple and straightforward to repay the portions that are related to the months or years not served,” Simelani confirmed.

The case was adjourned until 3 June when Mosimane is expected to testify as his four-month contract with Saudi Arabia Pro League side Abha FC would have come to an end.

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