With Kaizer Chiefs reportedly being cleared to play Asanele Velebayi and Luke Baartman, a law expert has spoken with emphasis on Cape Town Spurs' further recourse after appeals.
Velebayi and Baartman were declared free agents by the PSL Dispute Resolution Chamber , winning a case against Spurs, who claimed the pair’s contracts were still valid though the club was relegated to the ABC Motsepe League.
READ | Marlin: I'm surprised Chiefs signed Velebayi
Subsequently, Chiefs were able to announce the players as their new signings and legally have the green light to register them with the PSL.
Amidst question marks on whether the Soweto giants should play the winger and the teenager striker, sitting Chairman for the PSL DRC, Raymond Hack, suggested they are free to play the players in an interview on SoccerBeat YouTube Channel.
Chiefs, however, may opt for caution, as the Urban Warriors have appealed the DRC's decision to SAFA for Arbitration.
KickOff.com spoke to a law expert on how far Spurs could escalate the matter before its finality.
"They could go to the High Court and then they could go to CAS (Court of Arbitration for Sport). But what I understand is that different leagues across the world have their own set of rules," a PSL administrator said, speaking on condition of anonymity.
"If the DRC and SAFA rule in the favour of those players, it's highly unlikely they will win at CAS because CAS don't overturn local rules.
"The rule is clear: 42.1, if you are relegated as a Member club to an amateur status, a player can request his clearance.
READ | How soon can Baartman play for Chiefs?
"I also heard that in one case of the players, his lawyers proved that he was not only free because of that rule but also proved that his professional contract was not enforceable because there were aspects in that contract that are not applicable to amateur status.
"The player signed a contract as a professional player, not as an amateur," added the expert.
According to sources, Spurs would have to pay between €35, 000 (+-R716 000) and €50, 000 (+-R1 million) for each player – including Liam Bern – if they go all the way to CAS, a reality which could be discouraging, given the money they've already lost with their relegation to an 'amateur league' and are spending with their appeals locally.
Photo by Daniel Hlongwane/Gallo Images
