Key to Chiefs’ argument at CAS D-Day for Chiefs

How FIFA ban verdict could shape new season!

Kaizer Chiefs’ appeal against their two-window transfer ban by world football governing body FIFA will finally be heard today (Wednesday)! In February this year, the Glamour Boys were severely punished when the international body confirmed a sanction that put a major stumbling block in any of their plans to register new players for the entire duration of the 2020/21 season. Chiefs’ crime: FIFA ruled that the club had failed to tick all the legal boxes in their recruitment of Andriamirado ‘Dax’ Andrianarimanana from Fosa Juniors FC in Madagascar - a verdict Amakhosi have decided to fight. According to Siya sources, Chiefs have appointed a lawyer understood to be well-versed in dealing with cases at the Court of Arbitration for Sport, who hold the club’s future on potential new arrivals in their hands. With the upcoming campaign now just over a month away, the Siya crew unpacks how the FIFA ban – whether overturned or upheld – will shape the campaign at Naturena!

Why Chiefs got banned…

Although midfielder ‘Dax’ had already been released by Kaizer Chiefs to Black Leopards when FIFA delivered the shock blow, the international body’s Dispute Resolution Chamber found the Soweto giants guilty!

In a 15-page document seen by the Siya crew, at the time, the committee argued and concluded that the player had a binding contract with Fosa Juniors FC when he agreed to move to the Premier Soccer League in July of 2018.

It was a lucrative step up for Andrianarimanana, who was being paid R6 000 a month in his native country.

Of course, the opportunity to move from rags to riches would have been hard to resist as his two-year contract at Chiefs meant that he received a substantial pay increase of R60 000 a month in the first year and an increment of R10 000 the following season, plus R10 000 for accommodation.

For Dax’s image rights, the figure for the duration of the contract was R960 000, which included a season-long option.

By FIFA statutes, a player with no written contract is considered amateur and can join a team of his choice without any compensation being required. Chiefs have always insisted that Dax had no binding agreement with Fosa, which is why they claim they have argued their approach of the player was done legitimately.

Fosa, however, claimed that the midfielder had agreed to a new deal with the club from 1 November 2016 to 31 October 2020, as they disputed that he was a free agent when he was initially approached by Chiefs – and they provided FIFA with the necessary paper trail to all but make their case watertight.

The ruling from FIFA pointed out that Amakhosi did offer Fosa compensation of R400 000, which the latter rejected, and considered it recognition from Chiefs of Andrianarimanana’s status as a professional.

FIFA’s sanction for a two-window ban, which effectively meant that the Soweto giants would only be able to register new players in July next year, also ordered Chiefs to pay Fosa a little over R633 000 as compensation.

While ‘Dax’ has long moved on from Naturena and has also served his full punishment (a four-month ban from football), his former employers are still facing an uncertain future ahead of the 2020/21 season.

He is expected to testify that he never signed the new contract Fosa claim – and FIFA rubberstamped by banning Chiefs – was loaded on the Transfer Matching System to effectively render him a professional footballer.

What will be at the centre of the Amakhosi appeal at the CAS hearing from today is their assertion – and presumably that of ‘Dax’, who has insisted in numerous local interviews he never put pen to paper on any document – that the signature on the new Fosa contract was fake and a hand expert proved it.

The alleged forged signature may very well be their trump card when the Amakhosi legal team argue their case.

The FIFA DRC made it clear that it was not within its jurisdiction to pronounce on whether the handwriting on the piece of paper presented as a new contract belonged to Andrianarimanana or not, hence the judgement handed down.

In its findings, the DRC also acknowledged that the single judge of the Players’ Status Committee “passed a decision authorising the provisional registration of the player with Kaizer Chiefs”… Expect Chiefs to use that in their appeal.

It’s no wonder Amakhosi believed they were in the clear to use the player in any of their official games despite the claim from Fosa that he remained under contract and that there was a case pending in Zurich.

Could a ruling that threw their plans for the upcoming season into disarray long before it began finally be coming to an end?

Legal view on possible outcome

The Siya crew asked Evert De Bruyn, an authority in sports law, for his opinion – not legal advice – on the CAS hearing and the FIFA ruling that has long been in the public domain.

“The FIFA DRC reached this conclusion without hearing any evidence from either Fosa or the player. It relied solely on the written statements submitted by the parties during the proceedings. Also, the FIFA DRC disregarded the expert report presented by the player and Chiefs that the signature of the player on the alleged employment contract was forged. Although it is not apparent from the ruling, it has been suggested that the disputed employment contract was only presented at a very late stage of the proceedings. If this is the case, Chiefs could also present further argument as to the credibility of the disputed employment contract. If Chiefs are to successfully appeal the FIFA DRC ruling, they would have to convince CAS that the FIFA DRC’s approach in evaluating the available evidence, which included the written statements of the parties, as well as the expert report to which no rebuttal was presented, was legally unsound. In other words, if CAS finds the FIFA DRC’s evaluation of the evidence was incorrect, and that on a balance of probabilities there was no contract between the player and Fosa, then there could be no breach of contract. The player would be considered a free agent, and the appeal should succeed. The player and Chiefs also argued before the FIFA DRC that the player was an amateur, as the contract which was alleged by Fosa to have been signed made provision for payment of no more than the expenses incurred by the player in playing for the team. In determining whether a player is an amateur or professional, the underlying test is not whether the player has a written employment contract, but whether the player receives an amount in excess of what expenses he incurs to attend training and play for the team. The FIFA DRC rejected the player and Chiefs argument that the player was an amateur player as the player himself referred to the amount he received in terms of the contract as a salary. It was therefore found that the player was a professional football player. If Chiefs are going to succeed with their appeal, they would have to persuade CAS that the amount received by the player could not be considered as a salary as it did not make provision for anything more than the basic expenses the player would incur to play for the team. Chiefs’ case on appeal hinges on their ability to convince CAS that the FIFA DRC made conclusions that were not supported by the facts, and that their version is more probable than the one presented by Fosa. Only time will tell if they are able to do so; however, they will hope that CAS renders its decision quickly as the transfer window has been shortened due to the COVID-19 pandemic.”

Chiefs have been recruiting players…

Despite this cloud of uncertainty that remains hanging over the club, Amakhosi have been hedging their bets and engaging in talks with potential targets, according to several Siya sources.

The latest information that’s reached the Siya crew’s desk is that Chiefs have identified at least 13 new players for next season and hope to land a few of them for next season - pending the outcome of the hearing at CAS.

And they’ve already made some significant progress in a few discussions, with insiders suggesting that Chiefs are favourites in the race with Soweto rivals Orlando Pirates to land Bidvest Wits left back Sifiso Hlanti, while they have shown a keen interest in his teammates Thabang Monare and Cole Alexander.

With most clubs raiding The Clever Boys following the sale and pending relocation of the club to Venda, the Glamour Boys didn’t want to be left behind!

Siya sources also revealed that Buhle Mkhwanazi was another player on Chiefs’ radar, although it appears they might have to wait another year before having him on their books because the defender is said to be holding on a R3 million salary package with one year left on his Wits contract.

Chiefs have put several more potential deals on ice, the feeling at the club being that they can’t move to confirm any new arrivals until their fate is known – the likes of Xola Mlambo (Orlando Pirates), Mokete Mogaila (Highlands Park), Bongi Ntuli (AmaZulu FC), Moeketsi Makhanya (JDR Stars), Thabo Rakhale (free agent), Bongokuhle Hlongwane, Phumlani Ntshangase (both Maritzburg United), Thabiso Mokoena (Black Leopards) and Chawanangwa Kaonga (TS Sporting) are all players recently linked with moves to Naturena, but it is understood there’s been very little movement for now.

The risk, however, is that Chiefs could be pipped to their signatures with the domestic transfer window opening from September 22.

PSL chairman Irvin Khoza confirmed plans last month to allow clubs to register players from that date until November 17, an announcement considered a boost for Amakhosi if they are able to have the FIFA ban overturned.

Usually the international body CAS takes anything between weeks and months to deliver verdicts, meaning if a ruling is handed out early, that could still work to Chiefs’ advantage to be able to sign players while the window is open.

The stumbling block, however, is the fact that some of their targets will want to have their futures secured before the new season gets underway in mid-October – waiting for Chiefs to know which way the ruling will go could test their patience, especially if they have other suitors lined up.

A loophole is to possibly sign a short-term deal elsewhere, while the club is serving the ban, and then join Chiefs.

Possible exits

There were several expected departures at Chiefs earlier this year before the FIFA shock, with the likes of Siphelele Ntshangase, Philani Zulu and Leonardo Castro on the list of possible exits.

But the decision to stop them from bringing in fresh faces over the next two windows had an immediate impact on those plans and all three players will still be at Naturena next season after the club exercised its options on Ntshangase and Zulu, while Castro was offered a new two-year deal.

Recently, the Siya crew broke the news that Kearyn Baccus could request to have his current deal terminated early for him to return to his adopted country of Australia just one year since he joined Chiefs.

While he already has suitors, the final decision could all depend on the outcome of the hearing because Amakhosi will need to know they can replace him should they allow him to depart when he still has two more years on his contract.

The same rule probably applies for defender Ramahlwe Mphahlele, who has attracted interest from Mamelodi Sundowns, but is a senior figure with experience, though he had become a fringe player under Ernst Middendorp’s tenure.

A decision on his future was always dependent on whether the German mentor stays on at Naturena, but indications are that there’s a slim chance the coach will remain at the helm for another season.

Like Baccus, right back Mphahlele still also has a contract until June 2021, with an option to have it extended for another year.

His lack of game-time is a huge factor on a potential exit, although with Middendorp leaving, that could force the player to stay and prove himself to the new coach, but the final call rests with the club as he still has a contract for another two seasons at least.

Hunt’s anticipated arrival

Chiefs, according to reliable Siya sources, have become favourites to lure serial title-winning coach Gavin Hunt to Naturena next season.

Should the 56-year-old opt for Amakhosi instead of Pirates, who are also thought to be contemplating a coaching change, then you can expect the now former Bidvest Wits mentor to have a say on who makes up his squad.

Hunt will want a team that can fit to his playing style that has proven to be successful over the years, winning him an impressive four league titles at SuperSport United and with the Clever Boys as well as numerous other domestic trophies.

If the ban is overturned, then his influence becomes even more crucial as Amakhosi will want to move quickly to make signings, but it will be difficult to have to only rely on the current squad without being able to refresh it.

Hunt will also have a big pull in convincing some of the Wits players not expected to relocate to Venda to make the switch to Naturena – that usually sways talks in a club’s favour if the coach can have a hand in discussions.