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Can Mogaila train after court charges? What law says…

After Sekhukhune United midfielder Mokete Mogaila was charged and released on bail, can he still report for duty, according to the law?

Mogaila is alleged to have caused a fatal car accident after he "veered" away from his lane and crashed into another vehicle, carrying a women and two children and one 13-year-old girl reportedly did not survive the accident.

The 29-year-old allegedly fled the scene and handed himself over to the police at a later stage.

READ | What court charges mean for Mogaila's contract

The speedy attacker was charged and released on R20 000 bail, after he appeared at the Thembisa magistrate's court last month.

With the case set to be heard again in early February next year, according to law, can Mogaila still be active as a player at Sekhukhune?

"As per South Africa's legal framework, which upholds the principle of 'innocent until proven guilty', he retains the liberty to continue training and participating in other activities until a court order has been handed down," Tyrel Singh, Associate Attorney and sports lawyer at Yingke Africa SA told KickOff, in an exclusive interview.

"However, the club may exercise it's right to impose a temporary suspension as part of it's disciplinary process, pending the outcome of the matter in accordance with the terms of the contract.

"This may not necessarily mean it's an automatic dismissal or termination of the contract. What will be placed under close consideration depends on the severity of the charge and the reputational harm caused to the club," Singh said.

"The club can protect such a player with alternatives that he trains away from the first team or he trains in isolation, that's how they can mitigate the situation.

"The club must balance it's legal obligations as a responsible employer with it's broader responsibilities to stakeholders and alleged victim," Singh continued.

READ | PSL star and car accident | 'I was shocked to hear...'

"While upholding the presumption of innocense, the club may opt to follow it's internal disciplinary process, ensuring any actions align with the outcome of legal proceedings.

"Additionally, the fans' expectations to see their top players on the field may be managed by allowing the player to continue training during this period, minimizing disruption while maintaining fairness and protecting their asset," Singh concluded.

Sekhukhune has not been in action since Mogaila appeared before the court.

The Limpopo outfit will resume their Betway Premiership schedule next week Tuesday when they host TS Galaxy. 

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