What the Siya crew has been told…

Following his recent arrest, it has been reported that Jali had also opened a case of assault against his wife, Nonhle Ndala.

In the case that is being investigated, it has been reported that Jali allegedly choked his wife and that his wife used an open hand to strike him. The statement has been confirmed to the Siya crew by an official at the SAPS, who emphasised that the case was still under investigation.

The Siya crew spoke to a defence attorney, who is involved in football, to shed some light on what the charges signify and what the possible outcome could be. The attorney, however, was not willing to reveal their identity due to the fact of their direct involvement in Mzansi’s local football scene.

The attorney explained all three charges that Jali is facing and what this means…

Assault Common –

“Assault is a common law crime in South Africa defined as unlawfully and intentionally applying force to the person of another, or inspiring a belief in that force is to be applied immediately to a person.

“Common Assault in South Africa carries a maximum sentence of 6 (six) months custodial (time served in prison) and/ or a fine.

“A person charged with a first offense, if it is Andile Jali’s first offense, is most likely to receive a fine rather than a custodial sentence; however, it would depend on the severity of the assault.

“The Magistrate, however, does also carry discretion on the types of sentences to be imposed after a finding of guilt, which may include absolute discharge, a suspended sentence or probation.”

Malicious Injury to Property –

“Malicious injury to property is defined as the ‘unlawful and intentional damaging of another’s property’. The ‘damage’ is caused whereby property is destroyed, lost, permanently damaged to an extent that it reasonably required repair or that its use is permanently or temporarily interfered with.

Criminal damage to property is usually categorised as a misdemeanour or in serious cases a gross misdemeanour.

Typically, this involves legal consequences such as fines. It is rare that this crime is punishable with a custodial sentence and once again in cases of first instance, if as such with Andile Jali, if found guilty would most likely be a fine.”

Drunken Driving –

“Drunken driving is defined as the unlawful operating of a vehicle while under the influence of alcohol to the extent at least in South Africa whereby your breath alcohol content is 0,24 MG per 1.000ml (on a breathalyser) or a blood alcohol limit of 0.05g per 100ml (on a blood alcohol test).

“South Africa is ranked amongst the highest in the world for road fatalities and injuries. As a consequence, the South African Police Service, combined with other State and provincial authorities, have undertaken a zero tolerance towards drinking and driving.

“If you are found guilty of drunk driving you could face up to 6 (six) years in prison as the laws surrounding drunk driving have become increasingly stringent over the years in South Africa. You could also be liable of up to R120 000 in a fine and your driver’s licence suspended.

“If found guilty you may find yourself with a criminal record which can have serious ramifications for the rest of your life.”

What this means for Jali’s mutli-million rand contract

“Andile Jali’s contract could be ‘torn up’ if he receives prison time. If he is in prison, he cannot fulfil his obligations to the contract and the club will be in a position to terminate it... but a process will have to be followed. That is his worst-case scenario, which is unlikely.

“If he receives a fine, or a suspended sentence, Andile Jali will be able to fulfil the obligations on his contract and Mamelodi Sundowns would have no reason to terminate the contract. This is line with contract law in South Africa.

“What one needs to consider too is the policy document of the football club, in this case Mamelodi Sundowns. Clubs do often add clauses into employment contracts where it’s stated that if a player brings the club’s name into disrepute, it can form grounds to terminate the contract.

“If that is the case, it’s an internal process that the club will deal with.”