Newly formed Footballers Union of South Africa [FUSA] saved Stellenbosch FC and TS Galaxy a combined R3 million in a dispute with Kaizer Chiefs over the transfer of two players.
FUSA successfully intervened to ensure that Stellenbosch and TS Galaxy could sign Omega Mdaka and Puso Dithejane, respectively, without paying the R1.5 million training and development fee demanded by Chiefs.
Amakhosi had released the two players but stipulated that their clearances were conditional upon paying R1.5 million as a training and development fee. However, FUSA argued that this demand directly conflicted with the National Soccer League [NSL] Handbook.
FUSA asserted that Rules 46 to 49 of the NSL Handbook exclusively govern the payment of training and development compensation. They argued that Chiefs‘ attempt to impose a transfer fee-like condition on the players’ clearances was “inconsistent with the terms of the NSL Handbook and is invalid and opportunistic.”
FUSA emphasised that a transfer fee only applies to players still under contract. No transfer fee was payable since Chiefs had already released Mdaka and Dithejane.
Furthermore, FUSA highlighted that the conditional clearance certificates issued by Chiefs impeded the players’ ability to register with their new clubs, infringing their constitutional right to pursue their profession freely.
FUSA demanded that Chiefs provide unconditional clearance certificates for the players, threatening to pursue legal action if the demand was unmet. This firm stance proved successful, as Chiefs ultimately backed down in December 2023 and issued the clearances without the R1.5 million payment.
FUSA REFLECT ON MDAKA, DITHEJANE VICTORY
“This year, FUSA has made a tangible difference in the lives of numerous footballers,” Tlaelo Motloung, the secretary general of FUSA, told FARPost.
“One particularly impactful case involved our tireless efforts to secure unconditional release letters for two of the four players who were suspended by Kaizer Chiefs – Omega Mdaka, now with Stellenbosch FC, and Puso Dithejane, now with TS Galaxy.
“Initially, they were given clearances with conditions, but we intervened to protect their rights. Our dedication to player welfare is unwavering, and we will continue to fight for justice and fairness in South African football.”
In a proactive move to foster collaboration, FUSA’s leadership met SAFA president Danny Jordaan last week. The meeting served as an introduction for the newly formed union and a platform to discuss key issues such as representing amateur players, including those in women’s football, and promoting player welfare and rights.
This meeting follows a similar engagement with the PSL, demonstrating FUSA’s proactive approach to collaborating with key stakeholders in South African football.
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