Judge Hilton Epstein has provided the main reason he declared Asanele Velebayi and Luke Baartman free agents, paving the way for the duo to kickstart their respective careers with Kaizer Chiefs.
In a 34-page ruling, which is in possession of African Times, Epstein had no trouble making a decision.
Despite being relegated to the amateur level—the ABC Motsepe League—Cape Town Spurs insisted the players had to honour their contracts, but the players were declared free agents by the Premier Soccer League (PSL) dispute resolution chamber two months ago and immediately signed up with Chiefs.
Spurs filed an appeal via the South African Football Association (SAFA), and on Wednesday, Epstein, who acted as the SAFA arbitrator, delivered the same verdict as that of the DRC.
“I find there’s no merit in the argument of the Appellant (Spurs) that all players, both professional and amateur, can play in the (ABC) Motsepe League, and ‘if there’s a dispute about this, then it’s for the custodians/administrators of that League (SAFA) to deal with that dispute.’ If a professional player were to play in the (ABC) Motsepe League, all that SAFA would deal with would be the disciplinary measures to be imposed,” noted Epstein, whose ruling essentially sets a precedent for South African football.
“I find that on a proper interpretation of the contracts, the Respondents (Velebayi and Baartman) signed up to play professional football and cannot be compelled to play as amateurs in the amateur (ABC) Motsepe League.
“I further find that the contracts have become impossible of performance,” added Epstein.
Other players that were declared free agents by the PSL DRC include Liam Bern, who joined AmaZulu, and Mervin Boji, who’s now in the books of Chippa United.
Spurs, in response, have accepted their fate, and appear to consider compensation for developing the players through their youth academy.
“While the Club is naturally disappointed with the outcome, we respect the arbitration process and will abide by the decision. We will now take the necessary time to thoroughly review the detailed award with our legal counsel to understand its full implications for the Club, our remaining players, and our long-term strategy,” said Spurs.
“This ruling raises significant questions about the structure of player contracts and the protection of clubs that invest in youth development. For three decades, the Cape Town Spurs Academy has been a cornerstone of South African football, dedicated to nurturing young talent and providing a pathway to professional careers. The potential precedent set by this award forces a moment of deep reflection on the sustainability of such models.”
However, the South African Football Players Union (SAFPU) considers the ruling a victory for local footballers.
“SAFPU welcomes the ruling in the matter concerning Asanele Velebayi and Luke Baartman. The outcome affirms the principle that players must not be bound by contracts that are no longer valid.”
