Cape Town Spurs Eye High Court Action Over Player Ruling

Cape Town Spurs Eye High Court Action Over Player Ruling

Cape Town Spurs are contemplating a legal challenge against the decision made by SAFA arbitrator Hilton Epstein SC, which allowed Kaizer Chiefs to field attackers Asanele Velebayi and Luke Baartman as free agents.

Epstein's ruling favored Chiefs, declaring that both players were free agents after Spurs contested a PSL Dispute Resolution Chamber (DRC) decision.

The PSL DRC's initial decision also classified both players as free agents, preventing Spurs from claiming transfer fees from Chiefs, following the club's relegation from the Motsepe Foundation Championship to the ABC Motsepe Regional League—an amateur division.

Spurs maintain that both players were under valid contracts and hence entitled to transfer fees. Their attempts to overturn the decision at the SAFA Appeals Board were unsuccessful.

“There’s a suspicion that Spurs might appeal the process rather than the judgment itself. They could challenge the method Epstein used to reach his decision by taking the matter to the High Court,” a source indicated.

Despite the potential for a High Court challenge, experts suggest it would be a costly pursuit, as it would shift the case from football law to a labor dispute, which FIFA would disapprove of.

“Since both the PSL and SAFA ruled that the players are free agents, Chiefs can play them,” the source added. “Even if Spurs go to the High Court, they can’t appeal a football decision. What they can do is question the process and whether the judgment is legally valid.”

This isn't the first instance where Spurs have approached the High Court regarding a football dispute. In the 2017/18 season (when they were known as Ajax Cape Town), the club contested their relegation due to point deductions for fielding ineligible player Tendai Ndoro, who had previously played for multiple clubs within a single season.

After losing the case, Ajax Cape Town faced severe consequences, including relegation to the Motsepe Foundation Championship.