Ntuthuko Maphumulo soccer
The National Soccer League (NSL) met the June 6 deadline to submit its new rules and regu-lations on player transfers to bring them in line with the Constitution. But the new system does not satisfy the South African Football Players’ Union (Safpu).
The new system came about after the Andre Coetzee judgement in the Cape High Court that ruled: “The old transfer system was a violation of players’ fundamental human rights and the NSL should review the compensation system of its rules and regulations by June 6 2001.”
The court ruling six months ago, in favour of Hellenic player Coetzee, concluded that NSL regulations prohibiting players from becoming free agents once their contracts with a specific club ended was inconsistent with the Constitution.
The NSL’s new plans, submitted to court last week, dealt with the transfer system and compensation. Players will now be involved in all discussions about their transfers; a player will be able to move to a new club without being unemployed during any period at all and without being locked into a compensation battle; if any dispute arises between the player and his club about a transfer and compensation it can be referred to an arbitrator who will have to take certain factors into account; such an arbitrator will be independent and will have the power to declare a player a free agent or that no compensation be paid to the club in a specific case; and access to the arbitrator will be guaranteed as the NSL will pay all costs.
The new system will also ensure that a player is paid his salary even when his contract has expired if the player has declared a dispute on the issue of compensation. This compensation must be paid for a period of 12 months until the player signs a new contract with his existing club or a new club signs him. Clubs will now have to discuss with the player his future six months before his contract ends. Clubs will have to justify why they need compensation for a player who leaves at the end of his contract.
The new rules will not apply to players who are still under contract under the old rules.
Safpu, which is de facto recognised by the Premier Soccer League (PSL) as a representative of professional players, has not received any form of a signed recognition from the NSL or its affiliates.
The NSL has requested that the players’ union not challenge the new rules and regulations for 12 months. Union representative Cappy Matutoane said Safpu would not agree to this request as “we do not know what the NSL board of governors submitted to the court”.
A recognition agreement between the union and the NSL, due to be signed on June 13, did not go through. PSL chief executive Robin Petersen said he hopes an agreement can be signed soon.
This has left the union with two choices: to try to deal with the matter through the courts or to embark on a lawful strike as soon as the season begins. Matutoane said the union would leave room for negotiation on the recognition agreement, but would contest the new compensation rules, which it feels are not fair to players.