Mamelodi Sundowns have maintained their stance that former coach Pitso Mosimane must repay part of the agent fees paid to him before he left the club to take over Al Ahly.
Mosimane signed a new four-year deal at the end of the 2019-20 season but resigned two months later to take over Egyptian giants Al Ahly in September 2020.
Sundowns went to court to compel Mosimane’s management MT Sports to repay part of the R8.6 million paid to him when he signed the new deal and the case has been going on at the South Gauteng High Court in Johannesburg.
During the closing arguments on Tuesday, senior counsel Vincent Maleka, representing Sundowns, told Justice Shaanaz Mia that MT Sports must pay the outstanding agents commission, saying: “the Head Coach Agreement makes provision for the repayment of the remaining pro-rata portion of the agent’s commission in circumstances of an early termination.”
What else is being contested?
As per SABC, MT Sports and Mosimane are contesting a clawback clause which Sundowns inserted in the contract but Maleka maintains that it was the right thing to do, otherwise the club would not have been able to recover the outstanding agent’s commission.
“The second part of our submission that the clause is not objectively offensive is that one of the parties to the intermediary agreed and accepted the preparation of this clause the moment they accepted the conclusion of this contract with their signature,” Maleka told Justice Mia.
“None of the parties suggested that they are not going to give effect to this clause, simply because it raises questions against public policy.”
Mosimane and MT Sports lawyer Tembeka Ngcukaitobi is set to respond to Maleka’s arguments before a judgment is made.
