More information surrounding Kaizer Chiefs’ transfer ban handed down by FIFA over the dispute with Malagasy side Fosa Juniors has since come to light.
Chiefs were handed a two-window ban, which comes into immediate effect, after they lost the case with the FIFA Dispute Resolution Chamber (DRC) relating to the signing of Madagascan midfielder Andriamirado Aro Hasina Andrianarimanana back in 2018.
KickOff.com has since obtained further information explaining details surrounding the case as presented to the FIFA DRC, and how Amakhosi ended up on the wrong side of the battle.
Fosa Juniors claim that ‘Dax’ signed a contract on 1 November 2016, “valid from date of signature until 31 October 2020”.
On 7 June 2018, Chiefs and ‘Dax’ entered into a pre-contract for the player to join the club “for a duration of 2 years plus 1 year in option”, valid from the following season starting 1 July 2018.
According to information, “On 15 and 29 June 2018, Fosa contacted Kaizer Chiefs via email, informing it that it was aware of its interest in the player’s services, but that Kaizer Chiefs should contact Fosa directly since the player had a professional contract with Fosa.”
On 29 June, Chiefs replied that “the player informed it that he was an amateur player, free of any professional contract” and “explained that ‘the premier league football in Madagascar is not a professional league and that clubs are playing with an amateur status’.”
On 4 July, Kaizer Chiefs contacted Fosa again: “After consultation with our Board of Directors and Football Manager the compensation offered to Fosa Juniors Fc is USD 25,000. Trusting you will accept our offer for which we wish to thank you in anticipation.”
However, Fosa declined this offer as it “is far below the expectation of our Board of Directors”.
Chiefs and ‘Dax’ then proceeded to sign an employment contract, as previously agreed in the pre-contract, from “1 July 2018 until 30 June 2021”.
Upon the requesting of transfer clearance by SAFA on 14 August, the Malagasy FA rejected this because “there has been no mutual agreement regarding early termination of the employment contract between the former club and the professional player”.
On 12 September 2018, “the Single Judge of the [FIFA] Players’ Status Committee passed a decision authorising the provisional registration of the player with Kaizer Chiefs”.
Fosa then “lodged a claim in front of FIFA against the player and Kaizer Chiefs for breach of contract, requesting the total amount of EUR 150,000, plus 5% interest” while also defending that the player’s status was professional.
Meanwhile, ‘Dax’ “denied having signed an employment contract with Fosa and claimed that the signature on the contract was forged”.
Chiefs further “alleged that Fosa had intimidated the player and confiscated his passport” and submitted an “expert report on the signature of the contract, which concluded that the contract was forged”.
FIFA took all of the above into consideration during their hearing on 5 December 2019, prior to handing down their final ruling on the matter on 6 February.