After Mamelodi Sundowns' Lucas Ribeiro Costa presented a legal argument based on a European Union ruling to terminate his deal, a law expert explains why he has misjudged the situation.
In a bid to terminate his contract without consequences, amidst a transfer saga with Sundowns, Ribeiro stated he would rely on a Diarra ruling, made by the EU (which over-ruled FIFA), to obtain his international clearance from the FIFA Football Tribunal.
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"Jurisdiction and sovereignty are two interlinked concepts in international law. A foreign law cannot find its application within the parameters of an independent nation.
"Diarra's judgment concerns European competition law. The European Union, a 26-member-state multilateral organisation, promulgates its own laws that permeate into national laws within Europe," Nkontlha, who is also a FIFA-accredited agent, argued.
"One fundamental principle of the EU legal system is the supremacy of EU law over national laws within the EU member states.
"This means that if there is a conflict between EU law and national law, EU law prevails. The doctrine of
supremacy ensures uniformity and consistency in the application of EU law across all member states, fostering the harmonisation of legal standards.
"It follows that FIFA RSTP (Regulations on the Status and Transfer of Players) cannot be seen to be inconsistent with EU laws. This is their position that must be respected.
"It is my submission that this position should not be imported into transfers that do not involve EU football clubs.
"FIFA does not report to EU and continues to be an autonomous body," he added.
Nkontlha went on to highlight notable nations that are not part of the EU in Europe, poking holes on the sovereignty of the union to independent countries, especially outside Europe.
"The United Kingdom is not part of the European Union owing to Brexit. As it stands legally, the English Premier League clubs should not be bound by the European Court of Justice rulings.
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"Turkey, a great footballing nation, does not fall under EU as yet, notwithstanding that they are in the process of accession into the Union."
Photo: Lefty Shivambu/Gallo Images
