Kaizer Chiefs’ new signing Asanele Velebayi is reportedly free to play for the club despite reports claiming he cannot do so until an appeal filed by his ex-club is heard and determined.

Valabayi signed for Chiefs last week, just a day after the PSL Disputes Resolution Chamber (DRC) declared him a free agent, following his club Cape Town Spurs’ relegation to the third tier.

Spurs had filed a case seeking to stop the player and team-mates Luke Baartman and Liam Bern from leaving on a free transfer following their relegation from the National First Division to the third tier even though the rules only recognise the PSL and second tier as the only professional leagues in the country.

“The onus is on the player, not the club, because he is the person asking to be declared a free agent,” veteran sports arbitrator Raymond Hack said on SoccerBeat.

Hack does not feel Cape Town Spurs will succeed

Kaizer Motaung Jr. and Asanele Velebayi Kaizer Chiefs — Image – Chiefs

“The club he was with cannot say; ‘you cannot be a free agent.’ If they have a dispute, then they go to the DRC and say we have a dispute but as it stands at the moment, because the club is in the third tier, the player is entitled to ask the DRC for a clearance so he can play for a club of his choice but he must take the initiative.”

Hack feels Spurs’ appeal might not go far if most of the aforementioned has not been followed.

“The club can lodge the appeal but the arbitrator will look at the rules and say these are the rules, have they been complied with? Have they been followed and if they have not been followed, then they will dismiss the case,” he added.

The sports expert then went into details over why Velebayi can play for Chiefs even with the appeal filed by his former club.

Why is Velebayi free to play for Kaizer Chiefs?

“I would say it can kick in [top play for Chiefs] because of the fact that the DRC has issued a clearance so they cannot dispute the clearance. If they [Spurs] are appealing, they can appeal against the decision of the DRC, they cannot appeal against the player,” he further explained.

“Because the DRC is the one that issued the clearance so it is between the club concerned Cape Town and the DRC.

“The player has been issued with a clearance, the league has accepted the clearance, the player is entitled to play until such time it is stopped. There is no provision that says because you have lodged an appeal everything must come to a standstill.”

Hack’s words have, however, drawn sharp criticism from Spurs, who insist Velebayi cannot play for Chiefs until their appeal is concluded.

Cape Spurs slam sports arbitrator’s legal take

“He [Hack] is gracing us with his profound insights on a case headed for appeal, despite openly admitting he hasn’t bothered to glance at any of the relevant documents,” Spurs said via a statement on the club’s website.

“According to the same rules that he refers to (rule 43) in the NSL handbook, somehow Mr Hack fails to explain in as much detail as he did with rule 43, rule – 24.4. – “An appeal against an order of the Disciplinary Committee will not suspend the operation of that order pending the finalization of any appeal or arbitration in respect of that order. An appeal against an order of the Dispute Resolution Chamber will suspend the operation of that order pending the finalization of any appeal or arbitration.”

It remains to be seen if Chiefs will field Velebayi in their next matches during the period of the appeal, starting with Tuesday’s PSL clash at home to Richards Bay.