Statement
from the South African Football Players Union (SAFPU):
"As SAFPU we
would like to put it on record and confirm that Lehlohonolo Majoro was free to
join any club and play immediately, due to the fact that he was declared a free
agent on Saturday, 22 February 2014. It is a fact that No player can be
declared a free agent by mutual agreement between him and his previous club.
Even if a club and player agree to terminate his agreement, does not entitle a
player to be a free agent.
"It is only the
Dispute Resolution Chamber of the National Soccer League ("DRC")
which does have the powers to declare a player a free agent and only on receipt
of such declaration, the player will be entitled to register outside the window
period for any club of his choice. Therefore, it is irrelevant what any parties
may agree, the DRC is the only body which may declare a player a free agent, in
which instance the DRC duly did on 22 February 2014, after it fully heard
argument from the SAFPU. Chiefs opted not to oppose the application for free
agency.
"Majoro, is
properly registered with the NSL, is entitled to play football immediately,
without any club being at risk to be "DOCKED" points. A player is
eligible to play for his club as long as his registration fully complies with
all requirements for registration in terms of the NSL Rules. The fact that
Majoro was issued a free agency declaration by the DRC, entitles him (with
reference to Rule 28.4 of the NSL Rules), that he may be registered outside the
window period.
"The statement
made by Chiefs that Majoro did not have to go to the DRC to force an end to his
contract and declare him a free agent, is INCORRECT AND MISCONCEIVED. The union
on behalf of Majoro referred the matter to the DRC due to Chiefs' conduct and
ill treatment of him as a professional player. The way Chiefs treated Majoro in
the last few months, withholding his monthly salaries etc. left the player with
no other choice other than to approach the DRC. Chiefs infringed on the
fundamental rights of Majoro, as a Professional footballer. This needs to be
reported to FIFA and FIFPRO, in order to ensure that the principle of
contractual stability is complied with. All of this would not have happened, if
Chiefs did in fact honour its agreement with Majoro.
"Despite the
right of Majoro to be declared a free agent, Majoro furthermore also had the
right to claim the balance of his agreement from Chiefs due to the fact that
Chiefs' breached his contract. However the damages claim for moneys due and
payable to Majoro and the claim for moneys due in terms of the balance of his
agreement, was indeed settled by the parties. And furthermore, this settlement
agreement in respect of these claims were in fact settled, SUBJECT TO THE
CONDITION THAT MAJORO BEING DECLARED A FREE AGENT. In other words, if Majoro
was not declared a free agent by the DRC, there would have been no agreement in
respect of payment of any moneys.
"Therefore, the
DRC, the only competent forum of the NSL, lawfully issued the free agency
declaration for Majoro, which entitles him to play immediately for any club.
