22nd August 2025
Judge Shaanaz Mia at the South Gauteng High Court this week ruled the defendants shall pay R7,912,905.00 in agents’ commission fees, plus 7% interest per annum from 10 May 2021 until the date of payment.
The marathon case was brought forward by Sundowns to recover a portion of the agents’ commission fees paid to MT Sports after Mosimane left Sundowns for record 12-time African champions Al Ahly, just four months into his new four-year contract back in 2020.
The defendants challenged the case on multiple grounds, including jurisdiction, arguing that the court lacked authority and that the Premier Soccer League’s Dispute Resolution Chamber was the proper forum.
In her judgment on 19 August 2025, Judge Mia, however, found the court had jurisdiction to hear the matter.
At the core of the dispute was the clawback clause in MT Sports’ contract, which the defendants argued was against policy and unconstitutional.
The clause stipulated that Sundowns shall be reimbursed within six months for the commission paid for the remaining period when the head coach was no longer employed by the club.
MT Sports, headed by Moira Tlhagale – businesswoman and Mosimane’s wife – was paid R8,623,260.00, representing 10% of Mosimane’s last contract with Sundowns during the COVID period.
Judge Mia emphasised in her order: “At the time the contract was signed, Mr Mosimane was aware of this clawback clause and elected to sign the agreement, which afforded him an increased salary and benefits.
“The agreement was beneficial to him, and he was aware of the consequences of signing the agreement and the rights and obligations it contained.”
Another key issue in the case was an allegation of discrimination raised by MT Sports, which argued that other “white agents” working with the club did not have such clawback clauses in their contracts.
Advocate Tembeka Ngcukaitobi SC, leading the defendants’ legal team, extensively addressed this point during the marathon hearing from 29 April to 5 December 2024.
However, Judge Mia ruled in favour of Sundowns, noting: “Whilst Ms Tlhagale related the clawback clause to her gender and race, the clawback clause was applicable to both the intermediary and employment contracts where it applied irrespective of gender.”
Mosimane remains the most successful coach in The Brazilians’ history, with 11 major titles, including their first and only CAF Champions League crown from 2016.
The defendants were also ordered to pay the costs of trial.
The defence team, led by Advocates Tembeka Ngcukaitobi SC, C. Chanda, and T. Dewey, instructed by Mabuza Attorneys, has indicated plans to appeal.
“Our view is that the judgment is wrong in law and that there are prospects of success on appeal, and therefore we will be appealing,” Eric Mabuza confirmed to SABC Sport.
Sundowns’ response to this ruling will be updated when it becomes available.