SAFA has lost its appeal battle at the Court of Arbitration for Sport [CAS], with the world’s highest sports court ordering the association to pay more than R500,000 to FIFA match agent Ellen Chiwenga over Banyana Banyana’s 2024 international friendlies.
In a ruling issued in Lausanne, Switzerland, CAS overturned an earlier FIFA Football Tribunal decision, finding that while no formal written mandate had been signed, the conduct of both parties created a valid and enforceable agreement.
The court ordered SAFA to pay the London-based agent £18,941 [about R460,000], plus 5% annual interest from 20 October 2024 until the date of payment.
“The appeal filed by Ellen Chiwenga… is upheld,” the ruling states, before ordering that “The South African Football Association is ordered to pay to Ms Ellen Chiwenga the sum of GBP18,941 plus 5% interest p.a. as of 20 October 2024, until the date of effective payment.”
Responding to the judgment, SAFA told FARPost: “We accept the ruling, and we will not appeal.”
CAS REJECTS SAFA’S DEFENCE
The dispute centred on Chiwenga’s role in arranging Banyana’s October 2024 friendlies against England in Coventry and Denmark in Aalborg. Evidence before CAS showed Chiwenga initiated discussions with SAFA after receiving interest from the English FA, before facilitating negotiations, coordinating contracts and handling logistics that resulted in both fixtures being played.
SAFA accepted the matches but refused to settle Chiwenga’s invoices, arguing there was no enforceable agreement because no formal mandate had been signed. The sole arbitrator dismissed that argument.
“The Respondent cannot now take advantage of the lack of a written contract… when it has systematically refused to sign the mandate provided by the Appellant.”
CAS found there was overwhelming evidence that both parties had agreed to work together. “There are multiple conclusive acts carried out by the parties which clearly indicate a mutual agreement between them.”
The ruling noted that Chiwenga negotiated the fixtures, was listed as the match agent on FIFA Tier 1 forms and that SAFA never objected to her role while both internationals went ahead.
CAS also rejected SAFA’s reliance on its own statutes to argue that its International Affairs Committee prevented it from appointing a match agent.
“This sole arbitrator understands that the Respondent’s interpretation of Article 46 of SAFA statutes is not correct… The Respondent’s refusal to sign the mandate sent by the Appellant has no legal basis.”
SAFA WHATSAPP MESSAGE CITED AS EVIDENCE
The arbitrator further noted that SAFA never challenged either the work performed or the fees claimed.
“Neither the validity nor the amount of the fees owed to the Appellant were ever disputed or objected to by the Respondent.”
The award also referenced a WhatsApp message sent by SAFA vice-president Natascia Tschiclas to Chiwenga in November 2024, which read: “I am sure that you will get paid soon. I will also ask the CEO about it.”
CAS considered the message significant after Tschiclas, despite indicating she would attend, did not appear at the hearing.
The judgment means SAFA must now pay £18,941 plus 5% annual interest from 20 October 2024, taking the total liability to more than £20,600 [approximately R510,000].
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