Sharks may be handed legal hot potato
Tue, 19 Jan 2010 12:20
Shark or a Lion?: No.8 Willem Alberts
The ongoing stand-off between the Sharks and Lions over the services of Willem Alberts and Louis Ludik may well become a legal hot potato for the Sharks.
This follows after Christo Ferreira, the General Manager Legal Affairs at the South African Rugby Union, confirmed to rugby365.com that SARU will not get involved in the dispute.
It has been reported that the Sharks are planning to play the two new recruits from the Lions, Alberts and Ludik, despite the contractual wrangle over clearance certificates which are not forthcoming from the Lions.
According to reports the pair are expected to take part in the upcoming pre-season tri-series - involving the Sharks, Western Force and Stormers - in Cape Town next week, despite the Golden Lions Rugby Union digging their heels in and refusing to issue clearance certificates.
The Sharks management, with lawyer Frikkie Erasmus acting on their behalf, remain adamant that the pair don't have legal and binding contracts with the GLRU and, having already joined the Durban-based franchise, are allowed to play for them.
According to Erasmus, and the Sharks, the situation is similar to the one which saw Springbok Jaque Fourie move to the Stormers from the Lions - when Erasmus managed to win an arbitration case against the Lions.
However, Lions Chief Executive Manie Reynecke is disputing the claim that this is similar.
And to further complicate matters SARU also refused to come to the aid of the Sharks, with Ferreira confirming that the players are not allowed to play for the Sharks until such time as clearance certificates have been issued.
"I have written back to them [the Sharks and Erasmus] to inform them that we [SARU] are not going to entertain this case," Ferreira told rugby365.com on Tuesday.
"They will have to follow another avenue - arbitration or the courts - but we are not going to get involved."
Ferreira also confirmed that the Sharks may not play the two players, as that would be in breach of SARU regulations, although there is a grey area that allows them to train with the Sharks.
"The regulations make clear reference to them not being allowed to 'play' in any match - including pre-season fixtures and tournaments outside the formal structures," Ferreira said.
"In my view, because there is a dispute over the validity of the contract the two players have with the Lions, they are not allowed to play till such time as the two parties [Sharks and Lions] have come to a legal agreement."
The Sharks, who say they are already paying the players' salaries and that all that is outstanding is the letter of clearance from the Lions, will now have to decide if they want to risk getting on the wrong side of SARU's regulations or leave the two players on the sidelines till the matter is finally resolved.
The Lions CEO, Reynecke, insists that the contracts they have with Ludik and Alberts are legal and binding.
"Those contracts are enforceable," Reynecke told rugby365.com.
"Either they [the Sharks] must have our contracts declared null and void or the players must return to us. They should be training with us, not the Sharks," he insisted.
The Lions CEO said it is now up to the Sharks to contact him to come to some agreement, if they want to have the two players released from their contracts - hinting that a hefty 'transfer fee' may be on the table.
Reynecke also insisted that these contracts are not the same as that which saw the Lions lose the Jaque Fourie arbitration case.
"Every contract is different, with each player having his own terms and conditions. That payment loophole that existed in Jaque's contract is not here, as we have already started negotiations with these players about future payments.
"At the end of the day the people who suffer the most in these disputes are the players," Reynecke added.
Erasmus told rugby365.com that he will first have to read Ferreira's reply, before he can comment further, but said he does not agree with SARU's interpretation that the regulations forbid the duo from playing.
"I will have to wait for instructions from the Sharks, after I have seen SARU's response, and then make a call on how we proceed," Erasmus said.
He repeated an earlier statement that the contracts of Ludik and Alberts are the same as that of Fourie.
"Right up to the comma, it is the same," Erasmus said.
By Jan de Koning
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