After TS Galaxy chairman Tim Sukazi revealed that Kaizer Chiefs had
contacted player Puso Dithejane and his father in an effort to bring him
back to the club, a legal expert has weighed in on whether this constituted
a breach of FIFA regulations.
Before his eventual move to Chicago Fire, the 21-year-old attacker was a
sought-after talent. While Mamelodi Sundowns had a formal offer rejected,
Kaizer Chiefs opted for a more direct approach—contacting Dithejane
personally and engaging his father to persuade him to rejoin Amakhosi, prior
to submitting any official bid to his club.
To clarify the legality of such actions, PSLSA consulted attorney Mpho
Nkontlha of Nkontlha Attorneys Inc., who is also a FIFA-licensed agent.
Nkontlha stated that there was no wrongdoing in this instance, provided the
club’s intention was to acquire the player through proper transfer channels.
“I don’t see anything wrong, as Chiefs were not saying ‘breach your
contract’,” Nkontlha explained. “They were merely saying, ‘speak to the boy
to choose us, we will formally acquire his services… We know that he will be
sold. We have the money and are ready to buy him.’ If that was the case,
there is no breach of statutes.”
He clarified that a breach would only occur if the club had encouraged the
player to terminate his contract to join on a free transfer—an act known as
“inducement,” which is prohibited under FIFA’s Regulations on the Status and
Transfer of Players.
“But if they intend to pay a transfer fee, they could send any person to
convince him to sign for them. A player may agree to a move or decline it,”
Nkontlha concluded.
The ruling underscores that while direct contact with a contracted player is
often contentious, it is not illegal if the pursuing club plans to follow
the formal transfer process and pay a fee.
