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Covid-19: Player contracts and transfer chaos

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Safa boss Gay Mokoena Picture: Sydney Mahlangu / BackpagePix
Safa boss Gay Mokoena Picture: Sydney Mahlangu / BackpagePix

While professional football leagues around the world are deliberating whether to cancel or resume the 2019/20 season in the wake of the Covid-19 coronavirus pandemic, a Fifa working group is canvassing for input from its member associations to defuse the looming chaos over contracts and the transfers of players.

On Friday, Fifa said players should stay put where they are – whether their contract expires or not!

The ruling by Fifa means that all players whose contracts expire in June must stay at the clubs until the current season is completed.

A lot of players’ contracts expire at the end of June and some have already signed pre-contracts with new clubs.

But with Covid-19 wreaking havoc on the leagues’ schedules – and the season-ending deadlines lifted – players must now stay put until the 2019/20 season ends.

This means that prominent players such as Kaizer Chiefs midfielder George Maluleka and Stellenbosch FC defender Morgan Gould, whose contracts expire at the end of June, will have to remain at their current clubs in case the delayed season is extended.

While Safa has ordered the indefinite postponement of matches at all levels, the PSL last week established its own task force to seek ways to save the season.

Maluleka is expected to join Mamelodi Sundowns next season, but if Fifa’s directive is anything to go by, he will not be able to do so until the season finishes – whenever that is.

Local football stakeholders such as Safa, player agents and the players’ union have given Fifa’s ruling the thumbs-up.

Safa acting chief executive Gay Mokoena said the Fifa ruling was a huge relief when it comes to what could have been a king-sized headache for football in the aftermath of the deadly virus.

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Mokoena said the federation would soon engage with the PSL so that it could offer its input, and would immediately pass the feedback to the Fifa council for approval.

“It’s a relief. The most important thing is that Fifa declared this a force majeure, meaning we accept that there are obligations that need to be met but can’t – and this not of our own doing,” Mokoena said.

“Fifa says we can make suggestions if we have any. So I’ll be talking with the PSL chief executive Mato Madlala to look at our situation. We have to work with the PSL to make our contribution.”

Chiefs midfielder George Maluleka. Picture: Samuel Shivambu / BackpagePix

The SA Football Players union said it had had comprehensive discussions with the league.

Union president Thulaganyo Gaoshubelwe said: “Whether the league resumes or not, we have a bargaining council agreement and, as partners of the PSL, we made our position clear when it comes to the rights of the players.”

Leading local player managers Glyn Binkin and Mike Makaab said they totally agreed with Fifa’s ruling.

“It is only right for both parties [players and clubs] to honour such obligations,” said Binkin, the Players Club Agency boss, adding that a few of his players would be affected.

One of them is veteran defender Gould: “I have a few players whose contracts end on June 30. I would advise the players to honour all their contractual obligations until such time as the revised regulations are stipulated,” Binkin said.

“Fifa has always been very strong on the concept of sanctity of contracts, and this further strengthens that concept.

"In addition, when a player and a club enter into a contractual agreement of employment, it is always the intention of the parties that such an agreement will conclude at the end of a football season, which is why the guideline is currently June 30 – that is when most leagues in the world finish up.

“I would anticipate that both parties [players and clubs] would abide by the potentially revised Fifa regulations,” said Binkin.

Makaab said he was hoping that the players representatives’ would be taken into consideration when decisions were made.

“This coronavirus matter is regarded as a force majeure. It has massive effects, but Fifa has the power to change the regulations. The difficult part is that an extended season means clubs will incur additional expenditure,” said the Prosport International chief executive.

“But I do believe that the human spirit is strong. The most important thing is for all the stakeholders to look at the situation in a selfless and objective way. My only hope is that, when stakeholders sit around the table, they include player agents.”

Glyn Binkin. Picture: Sydney Mahlangu / BackpagePix

On March 18, Fifa established a working group to review its regulations on the status of players’ contracts and transfers.

The group then formulated a number of working documents, which also touched on pressing matters such as the clubs’ responsibilities to pay their staff when leagues are suspended.

The 10-page document, titled Covid-19: Football Regulatory Issues Fifa Working Group, was distributed to all Fifa member associations.

The proposals include the following: “Clubs, players and coaches should be encouraged to work together to guarantee some form of salary payments, avoid litigation, protect contractual stability and ensure clubs do not go bankrupt considering the financial impact of Covid-19.”

Fifa said: “What must be avoided is similar circumstances for football stakeholders receiving drastically different treatment or resolution on a global basis – whether in national courts, employment tribunals or the Fifa judicial bodies.”

Fifa also made it clear that it was not the appropriate organisation to instruct its member associations or make a determination on when games should resume in each country.

While Safa has ordered the indefinite postponement of matches at all levels, the PSL last week established its own task force to seek ways to save the season. They hope the 2019/20 season will be concluded on June 30.


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