After reports emerged that Elias Mokwana could leave Tunisian giants Esperance due to breach of contract, KickOff spoke to a legal expert for insight in cases of such nature.
There has been speculation on Mokwana's future after SABC Sport reported that he had gone months without his salaries at Esperance and that the two parties could separate through a mutual termination of contract.
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Although the reports have been quelled for now, question marks linger on how a player in such a situation can solve the matter - whether playing locally or internationally.
"When contracts are terminated, there's a local and international [aspect]. With the PSL, the player will have recourse to go to the PSL, DRC," Naeem Dinat, Attorney and sports lawyer at Yingke Africa SA, told this website in an exclusive interview.
"But if it's an international dispute, the player would have to go through the appropriate channels within FIFA, where there's a specific platform dedicated to resolving disputes relating to international players. A dispute relating to unpaid salaries is a clear breach of contract. Under FIFA's Regulations on the Status of and Transfer of Players, players can terminate their contracts if they are not paid. FIFA protects players in this regard, allowing for the contact termination and compensation.
"The first recourse the player can have is to immediately terminate the contract and while doing that the player can also file the dispute at FIFA's Dispute Resolution Chamber (DRC). It's a formal and written complaint a player can submit. This is generally done online on FIFA's platform and the FIFA legal department will review the merits on a case-by-case basis and make a determination," Dinat said.
Should the two parties agree to a mutual termination, would a South African player playing internationally be a free agent?
"Yes, once a mutual termination agreement is finalised, the player can be considered an international free agent, provided that his contract is formally terminated, and his registration with the former club and its national Football Association is cancelled. The player (or their new club) can request for an International Transfer Certificate. FIFA's Regulations on the Status and Transfer of Players allow a player who is contract-free to sign with any club," he went on.
So, what is the recourse for a player playing internationally, if a settlement agreement or compensation is not fulfilled by the club?
"Once the player enters into a settlement agreement, it can be made an official order by FIFA so that it is legally binding.
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"If the club fails to honour a settlement agreement, the player can file a complaint with FIFA's DRC to enforce the terms of the agreement. The DRC can issue a binding decision, ordering the club to pay the agreed amount, often with interest or additional penalties. If the club still does not comply, FIFA can impose sanctions, such as transfer bans, fines, or even points deductions, until the obligations in the agreement are fulfilled," the sports lawyer explained.