Legally, Lucas Ribeiro Costa has no leg to stand on against his employers, Mamelodi Sundowns.
This is the view of sports attorney Raymond Hack, who discussed the matter at length with media publication SoccerBeat.
For background, Ribeiro claims he has “just cause” to terminate his contract with Mamelodi Sundowns, who have been accused of driving “up the (transfer fee), again and again, in an unreasonable manner, without any regard for the player’s personal interests, which made the deal (with Qatar SC) impossible.”
Ribeiro is on the radar of Qatar SC and Brazilian club Fluminense, and believes he’s at liberty to terminate his contract with the Tshwane side.
“I believe that I have just cause to terminate my contract with Mamelodi Sundowns FC, which I will explain before the FIFA Football Tribunal,” read the statement from the PSL 2024/25 Footballer of the Season, whose legal argument is based on the Lassana Diarra ruling, which African Times has explained later in this report.
Hack, however, has insisted that Sundowns are within their rights to demand a transfer fee as Ribeiro belongs to the club on a contract until June 2028.
“Sundowns are entitled to ask for whatever they want; he’s Sundowns’ player. Sundowns have developed him, and they’ve taken him to the World Club Championship (where he caught the eye),” explained Hack, who added that Ribeiro is, technically, in breach of the contract by not reporting for duty. He’s yet to feature for the club this season.
Furthermore, Hack says Sundowns have not erred in their approach, considering Ribeiro has not claimed not to have been paid by the club, and therefore, Sundowns have, on the face of it, fulfilled their contractual obligations.
“Sundowns, at this stage, are probably as shocked as everyone else that the player has terminated the contract, and obviously, Sundowns will get their lawyers to dispute the claim that the player (has terminated their contract),” he continues.
“The player can’t just terminate and say, ‘I’m leaving tomorrow because another club wants to offer me more money,’ and if that’s the case, the (interested) club must pay Sundowns what’s due to Sundowns.
“I don’t see on what basis the player would succeed (in this matter). As good as the lawyer may be for the Bosman case, that was many, many years ago; there have been many cases since then.”
Ribeiro is represented by Belgian lawyer Jean-Louis Dupont, who is well-known for the Bosman ruling.
Dupont was part of the legal team that led to the Bosman ruling (CJEU, 15 December 1995), which forced FIFA and UEFA to end the transfer system and the nationality quota within the EU, provoking a revolution of the European sports model.
The case was an important decision on the free movement of labour and had a profound effect on the transfers of footballers—and by extension players of other professional sports—within the European Union (EU).
The decision banned restrictions on foreign EU players within national leagues and allowed players in the EU to move to another club at the end of a contract without a transfer fee being paid.
Hack is adamant that even with the best legal team at his disposal, Ribeiro would be fighting a losing battle, on the basis that Sundowns haven’t breached the contract, and the only untested allegation is that they keep raising the transfer fee.
Hack commented, “Firstly, the situation (in terms of the Lassana Diarra ruling) is that the Court of Justice for the European Union found that FIFA rules were not compatible with the treaty of the functioning of the European Union, specifically concerning workers’ freedom of movement… as a result of that, the ruling has prompted FIFA to initiate a global dialogue to review and potentially amend the regulations concerning players’ contract stability and transfers to comply with European law, okay.
“But that’s in European law; we are in South Africa, and we are governed by the rules of the Confederation of African Football (CAF). Yes, if there’s a dispute, FIFA will get involved, but at this stage, CAF would be the one… it’s a complete different ball game.”
