Court opens door for twist as Mosimane, MT Sports and Sundowns legal battle heads to SCA

In August 2025, Judge Shaanaz Mia ruled that MT Sports and Mosimane must repay R7.9 million to Sundowns for agent commission fees owed to the club, plus 7 per cent interest per annum, from 10 May 2021, until the date of payment. 

But in granting the leave to appeal on Tuesday, Judge Mia acknowledged that the case raises complex constitutional and contractual issues, particularly around fairness, justice, and the balance between contractual freedom and public policy.  

Crucially, the judge pointed to the possibility that another court could reach a different conclusion, noting that the issues raised, including the broader constitutional and socio-economic context, warranted further consideration.  

"Having regard to the standard the applicant must satisfy to succeed, I am persuaded that there are reasonable prospects of success that another court will come to a different conclusion."

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"In view of the structural inequality consideration rooted in the constitutional enquiry and public policy, there is a compelling reason why the appeal should be heard."

"In the result, I grant the following order: The application for leave to appeal is granted to a full court of this Division with costs to costs in the appeal,” Judge Mia concluded in yesterday's judgment seen by SABC Sport.

At the heart of the case is the enforceability of controversial “clawback clauses” in Mosimane’s employment and intermediary agreements, which required repayment of millions paid upfront when his tenure at Sundowns ended prematurely.

The club had initially paid R8.6 million upfront in agents fees to MT Sports, but later sought to recover around R7.9 million after Mosimane’s contract ended just four months into what was meant to be a 48-month agreement.

MT Sports and Mosimane, through their legal representatives, Mabuza attorneys, who are briefing South Africa’s top legal expert, Advocate Tembeka Ngcukaithobi, appealed Judge Mia’s initial ruling, arguing that it was unfair and that the court lacked jurisdiction. 

“The appellants contend that the court a quo (from which) misdirected itself.

“The court misconstrued the two-stage enquiry into reasonableness by failing to assess whether the causes were contrary to public policy on their face. 

“The court applied incorrect principles, by treating the clauses as analogous to breach-based penalty provisions.

“The court failed to properly consider material evidence relating to the circumstances of termination.  

“The court failed to give adequate reasons on decisive issues and the court lacked jurisdiction,” these were the strong arguments submitted by MT Sports and Mosimane’s legal representatives in their appeal. 

The judgment also touched on broader structural considerations, acknowledging that MT Sports Managing Director Moira Tlhagale operates within a historically male-dominated football industry. 

“The first appellant is represented by a black female intermediary, operating within a historically male-dominated and commercially powerful professional football environment. The clauses themselves are facially neutral.

 “The enquiry into fairness under in which the agreements were concluded, there is a reasonable argument to be made that enforcement would not accord with fairness and justice. 

“Despite the first appellant’s contractual autonomy, another court may conclude in the context of the above circumstances, even when the contract was freely entered, that enforcement produces an unjust outcome,” the ruling judgement further read.  

The upcoming appeal before a full bench is expected to provide greater clarity on the legality of “clawback clauses” in football contracts and could have far-reaching implications for how clubs structure agreements with coaches and agents in South Africa.

Mosimane remains Sundowns’ most successful coach with 11 trophies, including their maiden CAF Champions League title in 2016 and five national league titles, by the time he left in 2020 for Al Ahly of Egypt.

He spent eight years at Chloorkop, from 2012 and was strongly rumoured at the beginning of 2026 to be heading back to the Brazilians.