Kabelo Mashego, who is the lawyer of the player involved in a contractual tug-of-war, Boy Madingwane, has responded to Baroka FC chairman Khurishi Mphahlele's statement about his client.
Currently with Chippa United, Madingwane might be unable to make his Betway Premiership debut anytime soon as his matter with Baroka continues to drag on.
The versatile player joined the Gqeberha-based outfit in July under the belief his contract with the second-tier side had expired.
"Boy's contract at Baroka was for five months plus an option. What the player has been telling me and Chippa United is that they (Baroka) never exercised the option, they never gave him an option letter, and on the 1st of July, he became free to sign with any club," Mashego explains, speaking exclusively to KickOff.
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"So, when Chippa made it public that they had signed the boy, Baroka came forward claiming they had exercised the option, and they produced a document, being an option letter, saying the player signed as well.
"We filed an urgent application with the League for the player to be declared a free agent and for them to deal with the issues relating to this option, but the League was of the view that this is a matter that needs to be dealt with in the ordinary court. Meaning, it can't be on an urgent basis because it needs to be resolved on a factual basis.
"In the past few weeks, we've sent an email to Baroka requesting an original of that letter so that we can get it authenticated.
"We also asked them to tell us where that letter is because remember, they are saying they also filed that letter with the League, indicating that they have exercised the option. So, whether the one that was sent to the League was original or not, that we don't know.
"I'm not saying that's what happened. But remember, if someone has forged the document, your signature will clarify all that," he continues.
Mashego reveals that Baroka have not responded to their request to produce the said letter, adding there seemed to be uncertainty about its exact whereabouts.
"They simply told us they are not sure where the original was... Maybe it's with the league, maybe it's with their advocate. That's what they told us, they are unsure.
"My instructions now is to go to the League and request that they uplift it. That's where we are. Baroka refused to issue the clearance.
"The player is refusing to return to Baroka, saying he didn't sign the document, and he was not informed that they are exercising the option. So, he is remaining with Chippa until the issue is resolved at the DRC [Dispute Resolution Chamber].
"In the process, they've been sending letters, telling him to come back to work. But that would be admitting he exercised the option. But the issue is that the player can't file his claim until he can authenticate that document," says Mashego.
He adds that the document, when finally located, will be taken to a handwriting expert so it could be examined.
"If the handwriting expert confirms that the chairman and the player's signatures are original, that would mean the player is being untruthful.
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"But if the handwriting expert says the player's signature was forged, then that would be the end of it, we will not even need to go to the DRC.
"The sooner the club can send us that original, it's the sooner we can resolve this. But they've been silent ever since."
According to Mphahlele, the player belongs to Bakgaga, as his one-year option was triggered.
"Remember the boy Madingwane's camp took us to the DRC, under urgent complaint, and the DRC rejected it, saying there is no urgency on the matter. There is no urgency on the matter because the boy has got a contract.
"You can't say a boy must get his clearance from Baroka FC when he's still got an existing contract. So, that's why the urgency matter was thrown out of the window, and now Chippa are stuck.
"They don't want to talk to us, they don't want to make an offer, they have chosen to remain silent.
"You can't go around stealing other people's players. That won't work with us, we are a professional outfit. We are not amateurs. They must come to the table," declares Mphahlele.
A similar incident happened in 2019 when Mduduzi Mdantsane left Baroka for Cape Town City, the midfielder took the Lebowakgomo-based club to the PSL DRC to have his cessation ratified.
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The PSL didn't issue Mdantsane with a player's card up until the matter was resolved.
Because of the case, Mdantsane was only able to make his City debut in January 2020.