Jurisdiction of football agent disputes in spotlight at High Court

With both parties now presenting their closing arguments to Judge Shanaaz Mia, the issue of the court’s power to rule on the matter has become the focal point for the defendants. 

The plaintiff’s legal representative Senior Counsel Vincent Maleka contends the High Court has jurisdiction to listen to this matter and not the PSL Dispute Resolution Chamber.

"You will see another clause that we emphasise is 23.2.2 of the NSL Handbook, and it says the Dispute Resolution Chamber will not have jurisdiction in respect of issues or disputes that may arise as parties that are not subject the jurisdiction of the League, such as agents or intermediaries as they are now described," said Maleka.

"That is an express reference to persons such as the first defendant – the Handbook acknowledges in express terms that they are not subject to the exclusive jurisdiction of the DRC."

The latest FIFA Agents regulations introduced last year announced the Agents Chamber of the Football Tribunal will deal with any disputes regarding representation agreements entered into by a football agent and clients. 

However, this only applies to contracts entered into from 1 October 2023, with the regulation further stating all other disputes shall remain with the relevant dispute resolution bodies of Member Associations (in this case, SAFA).

Maleka argued the NSL Handbook is clear on this matter.

"On that score, My Lady, we would like to give Your Leadership the comfort that your jurisdiction is impeded by the express terms of the intermediary agreement that was concluded with and determined by arbitration before the DRC of the NSL," added Maleka.

"This in accordance with and subject to the then applicable probation of the NSL Handbook or the High Court of South Africa, should the DRC of the NSL not have jurisdiction toward the dispute or difference, or is unable to deal with the dispute or difference for any reason whatsoever."

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