Marianne Merten soccer
The National Soccer League (NSL) has six months to change its regulations on player transfers to bring its rules in line with the Constitution.
The Cape High Court this week ruled as “inconsistent with the Constitution of South Africa” those NSL regulations prohibiting players from becoming free agents once their contracts with a specific club end. This effectively means South Africa has adopted the European “Bosman ruling” named after Belgian Jean-Marc Bosman, who took his case to the European Court which allows any player whose contract has expired to be a free agent to contract himself to another club.
It also means that the widespread practice among clubs to withhold clearance certificates and demand compensation before a former player can join another club is unlawful.
“It’s great. It is a big step for players’ freedoms. There are a lot of players who will benefit,” said Andre Coetzee, the 22-year-old former Cape Town Spurs midfielder who initiated the court proceedings, as he was congratulated outside the court.
Coetzee went to court after being in limbo for several months. The NSL refused to declare him a free agent in August; at the same time he could not sign a contract offered by Hellenic because Ajax Cape Town (which had bought Spurs’ franchise) refused to issue a clearance certificate and demanded compensation.
In July last year the young footballer’s initial contract with Spurs expired under the shadow of an injury. After he recovered in December last year he approached Ajax for a job. Instead Coetzee was referred to Vasco Da Gama Football Club Ajax’s close development partner where he played until May.
Coetzee was not offered a contract with Ajax. But when Hellenic offered him a position after a trial period, Ajax refused to give him a clearance certificate and demanded compensation of R50 000, later revised to R17?500.
Coetzee’s legal application was supported by the recently formed South African Players’ Union, which wants to improve players’ working conditions, poor salaries and lack of insurance for injuries and retirement.
Member of the NSL board of governors Goolam Allie said the judgement would be discussed at the regular board meeting later this month. “We have been given six months to remedy it. The board will sit and go through the judgement and pass further comment,” he said.
The Cape High Court also ordered the NSL and its management committee chair to pay all costs.