The NSL's Dispute Resolution Chamber is facing increasing scrutiny due to delays in delivering verdicts on the high-profile transfer disputes involving Luke Baartman and Asanele Velebayi.
Baartman’s case was heard on July 21, while Velebayi’s was presented on Monday. The prolonged wait for a decision in the former's case raises concerns about transparency, consistency, and the potential for perceived bias within the National Soccer League’s dispute resolution process.
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The disputes centre around Kaizer Chiefs’ attempts to sign the duo as free agents following Cape Town Spurs’ relegation to ABC Motsepe League. Spurs assert that both players remain under contract, arguing that relegation does not automatically void existing agreements. The NSL DRC, which consists of a three-member panel led by a chairperson, is responsible for resolving these cases.
While the complexity of the disputes - rooted in NSL Rule 4.3.1.4 and FIFA regulations regarding player contracts post-relegation - justifies thorough deliberation, the delay in announcing a verdict for Baartman’s case, now over two weeks old, is testing the patience of all parties involved.
Each case is heard by a separate DRC panel to ensure independent evaluation, a mechanism designed to maintain impartiality. However, this approach poses a risk of inconsistency, as the Baartman and Velebayi cases revolve around nearly identical legal and contractual questions.
NSL Rule 4.3.1.4 permits players to apply for free-agent status if their club is no longer a professional member of the League. However, differing interpretations by separate panels could lead to conflicting rulings.
The longer Baartman’s verdict is delayed, the greater the chance that stakeholders will question the fairness of the process, especially if Velebayi’s ruling is delivered more quickly or differs in outcome.
These delays have repercussions that extend beyond the courtroom. With the Betway Premiership season set to begin on Saturday, Amakhosi are under pressure to finalise their squad, while Spurs are eager to prepare for the new season or transfer players to the highest bidder.
Prolonged uncertainty disrupts planning for both clubs and could leave the players in limbo, with rival clubs reportedly monitoring the situation. A lengthy process may aggravate the losing party, who might perceive the delay as evidence of bias or inefficiency, particularly if the verdicts appear inconsistent.
The NSL DRC’s opaque deliberation process, while necessary to protect sensitive contractual details, breeds suspicion in the absence of timely updates. Fans, analysts, and stakeholders are already expressing concerns on platforms like X, with some questioning whether administrative bottlenecks or external influences are at play. The delay in Baartman’s case, coupled with Velebayi’s recent hearing, heightens the risk of perceived favouritism if the outcomes differ or if one ruling is expedited over the other.
Additionally, either party may appeal the awards if dissatisfied, which could lead to further delays in resolving the issues.
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To maintain credibility, the NSL DRC must prioritize swift and transparent resolutions.
Clear communication regarding the reasons for any delays or differences in verdicts is essential to dispel doubts. While independent panels are vital for fair adjudication, they require careful coordination to ensure consistent application of NSL and FIFA rules. Failure to deliver timely rulings could erode trust in the NSL’s governance and undermine the administrative integrity of South African football.
As the football community awaits the DRC’s decisions, the stakes are high.
The NSL must act decisively to address these delays, ensuring that the Baartman and Velebayi cases are resolved promptly and fairly. The longer the wait, the greater the risk that suspicion and frustration will overshadow the merits of the verdicts, leaving all parties questioning the system's ability to deliver justice.
Photo: Ashley Vlotman/Gallo Images
