Pitso Mosimane loses R7.9 million court battle against Mamelodi Sundowns

This week, Judge Shaanaz Mia of the South Gauteng High Court ordered the defendants to pay R7,912,905 in agent commission fees, plus 7% annual interest calculated from May 10, 2021, until the payment is settled.

The protracted case was initiated by Sundowns to reclaim a portion of the agent's commission paid to MT Sports after Mosimane departed for Egyptian giants Al Ahly in 2020, just four months into a new four-year contract with the South African club.

The defendants contested the case on several grounds, including jurisdiction. They argued that the High Court was not the appropriate forum and that the matter should have been heard by the Premier Soccer League’s Dispute Resolution Chamber.

However, in her judgment delivered on August 19, 2025, Judge Mia affirmed that the court did have the authority to preside over the matter.

Central to the dispute was a “clawback clause” in the contract with MT Sports, which the defendants claimed was against public policy and unconstitutional.

What was being contested between the two parties?

This clause required that Sundowns be reimbursed for the commission covering the remaining period of the contract if the head coach left the club prematurely.

MT Sports, which is led by Mosimane’s wife, businesswoman Moira Tlhagale, had received R8,623,260, representing 10% of Mosimane’s final contract with Sundowns, which was signed during the COVID-19 pandemic.

In her ruling s reported by SABC, Judge Mia highlighted: “At the time the contract was signed, Mr. Mosimane was aware of this clawback clause and elected to sign the agreement, which afforded him an increased salary and benefits.”

She added, “The agreement was beneficial to him, and he was aware of the consequences of signing the agreement and the rights and obligations it contained.”

Another significant point raised by the defence was an allegation of discrimination. MT Sports argued that other “white agents” who worked with the club did not have similar clawback clauses in their agreements.

Judge sides with Mamelodi Sundowns in her ruling

Advocate Tembeka Ngcukaitobi SC, who led the defendants' legal team, focused heavily on this issue during the lengthy hearing, which ran from April 29 to December 5, 2024.

Judge Mia, however, sided with Sundowns, stating: “Whilst Ms. Tlhagale related the clawback clause to her gender and race, the clawback clause was applicable to both the intermediary and employment contracts where it applied irrespective of gender.”

Mosimane remains the most decorated coach in the history of Sundowns, having won 11 major trophies, including the club's first and only CAF Champions League title in 2016. The defendants were also ordered to cover the costs of the trial.

The defence team, instructed by Mabuza Attorneys and led by Advocates Tembeka Ngcukaitobi SC, C. Chanda, and T. Dewey, has stated its intention to appeal the ruling.

“Our view is that the judgment is wrong in law and that there are prospects of success on appeal, and therefore we will be appealing,” Eric Mabuza confirmed to SABC Sport.

A response from Mamelodi Sundowns regarding the judgment is still pending.