Sundowns win lawsuit against Pitso Mosimane and MT Sports

Mamelodi Sundowns have won their civil claim against former coach Pitso Mosimane and his agency, MT Sports.

On Friday, the South Gauteng High Court ruled in favour of Sundowns, ordering the defendants to pay the club R7,912,905.00 in agents’ commission fees.

The court also ordered an annual interest of 7% on this amount, backdated to May 10, 2021, as per SABC Sport.

The lawsuit was initiated by Sundowns to recover a portion of the commission fees paid to MT Sports after Mosimane’s departure for Al Ahly in 2020, just four months into a new four-year contract with the Tshwane giants. The club’s case centred on a “clawback clause” in MT Sports’ contract.

This clause stipulated that the agency would reimburse Sundowns for the commission paid for any unserved period if the coach left the club.

The defendants, represented by lawyer Eric Mabuza and a legal team led by Advocate Tembeka Ngcukaitobi SC, challenged the case on multiple fronts. They argued that the court lacked jurisdiction and that the Premier Soccer League’s Dispute Resolution Chamber was the correct venue for the dispute. They also claimed the clawback clause was discriminatory, as they alleged it wasn’t included in contracts with “white agents” at the club.

Judge Shaanaz Mia dismissed these arguments, asserting that the court had jurisdiction. She also ruled that the clawback clause was not discriminatory and applied regardless of gender.

In her judgment, Judge Mia highlighted that Mosimane was fully aware of the clause when he signed the contract, which provided him with a significant increase in salary and benefits. “The agreement was beneficial to him, and he was aware of the consequences of signing the agreement and the rights and obligations it contained,” she stated.

In response to the judgment, Eric Mabuza confirmed that the defence team plans to appeal. “Our view is that the judgment is wrong in law and that there are prospects of success on appeal, and therefore we will be appealing,” Mabuza told SABC Sport.

Sundowns has not yet commented on the ruling or the appeal.