2nd May 2024
Dr Simelane alleges Mosimane was in breach of his contract when he made a statement that brought the club into disrepute just a few weeks before leaving for Al Ahly in 2020.
Responding to Mosimane’s legal representative Advocate Tembeka Ngcukaitobi at the South Gauteng High Court in Johannesburg on Thursday, Dr Simelane said Mosimane’s comments after winning the league during the bio-bubble 2019/20 season were damaging to the club.
“There were people within the club that didn’t want me to win the league title,” Mosimane is reported to have said at the time.
“The club wants the coach to withdraw his comments that were made to the media after he won the 2019/2020 league title,” Dr Simelane said in court.
Sundowns have taken Mosimane’s representative MT Sports to court as they aim to recover part of the R8.6 million in agent fees paid when the coach signed a new four-year contract at the end of the 2019/2020 season.
In the court papers seen by SABC Sport, 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.”
But MT Sports argued that, “the termination of the employment relationship, on grounds which are unrelated to the conduct of the First Defendant [MT Sports] or its directors, could not result in MT Sports losing the commission, which was calculated in accordance with industry norms and standards.”
MT Sports and Mosimane are represented by Eric Mabuza Attorneys, who are instructing Adv. Ngcukaitobi, while Sundowns are represented by Bowman Gilfillan Inc.
In Thursday’s court proceedings, it was also heard that, prior to Mosimane’s departure for Egypt, relations between himself and the club had deteriorated after they won a domestic treble – the league, Telkom Knockout and Nedbank Cup.
“In a meeting of 29 September 2020, Mr Mosimane says he told the President that the situation at Sundowns, the working relations had become intolerable,” said Adv. Ngcukaitobi.
“And that, if the President doesn’t want to release them to join Al Ahly, they will abide his decision, but they would rather be on the streets.”
When asked for comment thereon, Simelane declined.
Simelane also denied that the club was discriminating against the Managing Director of MT Sports Moira Tlhagale, who is also Mosimane’s wife, because she was a woman.
This was raised when MT Sports and Mosimane’s legal team asked about contracts of other agents who deal with Sundowns and if their contracts had similar clauses.
The case is set to continue on Friday, with Tlhagale expected to take to the stand.
SABC Sport has also learnt that former Sundowns president and now CAF president Patrice Motsepe attended the court hearing earlier this week as he had been subpoenaed.
It’s expected he will return again before the case is concluded to testify on behalf of Mosimane and MT Sports.