After Sekhukhune United winger Shaune Mogaila was charged and released on bail following a fatal car accident, KickOff investigates what could happen to his contract, with a legal expert weighing in.
Mogaila reportedly handed himself over to the police following a car accident that claimed the life of a 13-year-old girl and left other passengers with serious injuries.
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He appeared before the Tembisa Magistrate's Court last month for a bail application and was released on R20, 000 bail, after he was charged with alleged reckless driving, among other charges.
KickOff.com spoke to Associate Attorney and sports lawyer Tyrel Singh, of Yingke Africa SA, to find out what the consequences of such a charge relating to his professional contract at Babina Noko would be.
"Now that a criminal case has been opened and he has been formally charged, therefore, that may have an impact on his playing contract with his club," Singh said, in an exclusive interview.
"In terms of the contract, one has to look at the clauses and grounds for termination, if any, that relates to such conduct. Usually, in professional contracts, there's behavioural clauses that mandates the player to uphold the standard of the club and it makes for alternatives to be taken given a criminal charge.
"In this case, it seems the accused is charged with, inter alia, culpable homicide, reckless and negligent driving. In and of itself, a serious offense and a serious charge. The accused will have to be tried before a court of law come February the 5th, 2025. It ultimately could impact his playing contract, which could be terminated," Singh explained.
"What the club are looking for, in a sense, is the club's reputational harm that comes with this. The club will have the onus to protect the player, pending [the outcome of the trial] and because the matter is sub-judice, the club would not be at liberty to disclose any details of the case but would have some sort of protection against the player.
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"Internally, the club would have to consider the reputational harm. Most of these players sign sponsorship contracts, whether independently or with the club, so that would tie in together as well.
"In such instances, usually the club sponsors would apply pressure on the club, because they would not want to be associated with someone who is alleged to have acted in a manner that brings the organisation into disrepute," he concluded.