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Sharks force SARU's hand

Fri, 22 Jan 2010 14:32

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 took another intriguing twist on Friday as it moved a step closer to formal legal steps.

Determined to force the South African Rugby Union to get involved, after Christo Ferreira, the General Manager Legal Affairs at the South African Rugby Union, confirmed to rugby365.com that SARU is not interested in getting involved in the dispute, the Sharks have now named Alberts in their squad for the pre-season tri-series in Cape Town next week.

Ludik, who is still sidelined with a knee injury and won't be available till next month, was not named in the squad.

The only other glaring omission from the 28-man Sharks squad is Springbok utility back Ruan Pienaar, who is still undergoing rehab after a knee injury.

However, it is the inclusion of Alberts that is likely to dominate the headlines, rather than the array of stars named to travel to Cape Town on Sunday.

Sharks Chief Executive Brian van Zyl, who expressed his disappointment this week when it became clear that SARU is reluctant to get involved in the protracted saga, is now clearly forcing the national body's hand.

Ferreiramade it clear that SARU do not want to get involved in the dispute.

However, the Sharks are planning to play Alberts, despite the contractual wrangle over clearance certificates which are not forthcoming from the Lions. He is expected to take part in the upcoming pre-season tri-series - involving the Sharks, Western Force and Stormers - in Cape Town, 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 Alberts and Ludik don't have legal and binding contracts with the GLRU and, having already joined the Durban-based franchise, are allowed to play for them.

Ferreira on Friday confirmed that he will have to get involved and investigate the matter if somebody makes a formal complaint about Alberts taking to the field.

""Somebody first have to make a formal complaint, then I will investigate," Ferreira told rugby365.com on Friday.

And GLRU CEO Manie Reyneke is just such a person.

"The moment he [Alberts] plays, then I will make a formal complaint [to SARU]," Reyneke told rugby365.com, adding: "As I have maintained all along, they both [Alberts and Ludik] have valid contracts and are still on our books. They can't play for the Sharks."

According to the Sharks' lawyer, Erasmus, 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, Reynecke is disputing the claim that this is similar.

While the two unions continue to squabble over the clearance certificates, Ferreira confirmed that the players are not allowed to play for the Sharks until such time as clearance certificates have been issued.

"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 earlier this week.

"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."

Sharks squad: Willem Alberts, Jacques Botes, Craig Burden, Patric Cilliers, Keegan Daniel, Jean Deysel, Bismarck du Plessis, Jannie du Plessis, Monty Dumond, Alistair Hargreaves, Adrian Jacobs, Ryan Kankowski, Rory Kockott, Patrick Lambie, Charl McLeod, Gerhard Mostert, Tendai Mtawarira, Johann Muller, Waylon Murray, Lwazi Mvovo, Odwa Ndungane, JP Pietersen, John Smit (captain), Andries Strauss, Riaan Swanepoel, Steven Sykes, Stefan Terblanche, Luzuko Vulindlu.

By Jan de Koning

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