3rd December 2024
Representing Sundowns, senior counsel Vincent Maleka, while presenting to Judge Shaanaz Mia on Tuesday morning, maintained the plaintiff’s case that MT Sports was obliged to repay the outstanding agents commission when Mosimane left Chloorkop for Al Ahly in 2020.
Sundowns are seeking to recover part of the R8.6 million in agent fees paid to MT Sports when the coach signed a new four-year contract at the end of the 2019/2020 season – just two months before he tendered his resignation in September 2020.
The Brazilians claim that, “the Head Coach Agreement makes provision for the repayment of the remaining pro-rata portion of the agent’s commission in circumstances of an early termination.”
Maleka continued to argue that had Sundowns not inserted the clawback clause, which MT Sports and Mosimane are contesting, they would not have been able to recover the outstanding agents commission when the coach left for Ahly.
“The second part of our submission that the clause is not objectively offensive is that one of the parties to the intermediary agreed and accepted the preparation of this clause the moment they accepted the conclusion of this contract with their signature.
“None of the parties suggested that they are not going to give effect to this clause, simply because it raises questions against public policy,” argued Maleka.
Advocate Tembeka Ngcukaitobi, representing Mosimane and MT Sports, is expected to respond with opposing closing remarks before a judgement is made.