McCarthy v Sundowns Football Club and Others (J4373/02) [2002] ZALC 181; (2003) 24 ILJ 197 (LC); [2003] 2 BLLR 193 (LC) (30 October 2002)

McCarthy v Sundowns Football Club and Others (J4373/02) [2002] ZALC 181; (2003) 24 ILJ 197 (LC); [2003] 2 BLLR 193 (LC) (30 October 2002)

The court found that the applicant's fixed term contract with Sundowns Football Club expired on 30 September 2002 and no new written contract was concluded. The purported oral agreement for renewal was not binding under NSL regulations, which require written and signed contracts for professional registration. As the...

Source-derived case information.

Citation
[2002] ZALC 181
Parties
Applicant: Fabian McCarthy; Respondent: Sundowns Football Club; Respondent: NSL; Respondent: SAFA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 October 2002
Case Number
J4373/02
Procedural Posture
Urgent Application / First Instance
Outcome
Application granted; applicant declared a free agent and entitled to a clearance certificate.
Judges
Waglay
Legal Topics
Fixed Term Contracts, Free Agency, Clearance Certificates, Internal Remedies, Urgent Interdict
Labour Law Fixed Term Contracts Free Agency Clearance Certificates Internal Remedies Urgent Interdict

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fabian McCarthy

Applicant

Sundowns Football Club

Respondent

NSL

Respondent

SAFA

Respondent

Procedural Posture

Urgent Application / First Instance

Legal Issues

  1. 1 Whether a binding contract existed between the applicant and Sundowns Football Club after the expiry of the fixed term contract.
  2. 2 Whether the applicant is entitled to a clearance certificate as a free agent under NSL regulations.
  3. 3 Whether the matter was urgent and properly before the Labour Court despite internal NSL dispute resolution mechanisms.

Ratio Decidendi

The court found that the applicant's fixed term contract with Sundowns Football Club expired on 30 September 2002 and no new written contract was concluded. The purported oral agreement for renewal was not binding under NSL regulations, which require written and signed contracts for professional registration. As the applicant was over 23 years old and out of contract, he was a free agent entitled to a clearance certificate. The urgency was justified due to the unique circumstances of professional footballers and the imminent closure of the registration period. The existence of internal NSL remedies did not preclude the court from granting relief, as those mechanisms did not provide for...

Court Disposition

Application granted; applicant declared a free agent and entitled to a clearance certificate.

Orders

  • There is no binding contract as envisaged by the NSL between the applicant and the first respondent.
  • Applicant is a free agent and therefore free to join the professional club of his choice.