KSA Shark ©

Mujati ruling in Stormers’ favour


Written by Andre Bosch (KSA Shark ©)

Posted in :Lions, Stormers on 14 May 2008 at 09:30

The Stormers have won another battle in the protracted ‘war’ with the Lions over the services of prop Brian Mujati, after a ruling on Tuesday went in their favour – a temporary success, but a victory nonetheless.

Jan de Koning writes for Rugby 365 that Mujati, who will go head-to-head with former Lions teammate Heinke van der Merwe when the Cape-Town-based franchise travel to Ellis Park for a must-win Super 14 encounter on Saturday, has been at the centre of an ugly public spat between the two teams since he moved south from Johannesburg at the end of last year.

rugby365.com can reveal that an appeal by the Lions, against an earlier ruling in favour of the Stormers, went in favour of the Stormers on Tuesday.

The South African Rugby Union (SARU) ruled in February that Mujati, who had been lured to Cape Town by new Stormers head coach Rassie Erasmus last year, did not have a valid contract with the Lions at that stage.

The Lions insisted that their contact with the front row forward was valid. They argued that Erasmus – along with Frikkie Erasmus, commercial manager of the Stormers, and the player’s agent Jason Smith – had entered into negotiations with Mujati illegally, because he was still contracted to the Lions.

The Lions’ appeal, against the ruling of advocate Jannie Lubbe, was dismissed on Tuesday.

It was found on Tuesday that appeal officer, Nick Treurnicht, don’t have jurisdiction to hear the Lions’ case.

In Tuesday’s finding it was said that according to law the complainant (the Lions) don’t have the right to appeal.

It means that for now Mujati remains a member of the Stormers squad and can legally play for them against the Lions at Ellis Park on Saturday.

It doesn’t mean that the war between the two factions is over.

It was a temporary victory, one battle, in a protracted war that could even end in the high court.

The basis of the Lions’ appeal was that Lubbe erred when he ruled in February that the Lions did not have a valid contract with Mujati and the player was thus a free agent.

This stems from the fact that Mujati, at the time of the negotiations in August last year, did not have a valid work permit – as his study visa had expired.

The Lions maintain Mujati has been playing for the Stormers unlawfully, because he has never been released from his three-year contract with them.

While, for now, Lubbe’s decision made in February stands, the Lions have other options available to them.

If they want further relief in the case they will have to head to the high court, where the court could decide that Erasmus and Smit entered into negotiations with Mujati contrary to regulations.

By implication the court will have to rule that the Lions do in fact have a valid contract with Mujati and if that’s the ruling the Lions and Stormers will have to negotiate a transfer fee. If they can’t agree to a transfer fee, the Lions don’t have to release Mujati and they would be back in the pound seats – effectively forcing the player to return to Johannesburg.

However, that is a long way off, as the Lions are studying the ruling before making a decision on their next course of action.



55 Comments

  • So what would they have done if it had gone the other way? Docked the Stormers all their log points? :evil:

    Bloody meaningless arguement, this. At least it will add a little bit more spice to this weekend’s match

  • Comment 1, posted at 14.05.08 09:33:20 by robdylan (Sharks Forever!) Reply
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  • I think we are wasting our time with this case, unless the guys are thinking that we can get some money from the visvoete as a transfer fee. I wouldn’t want to force a player to play for us if he doesn’t want to be with us…that’s stupid.

  • Comment 2, posted at 14.05.08 09:33:40 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • Just meaningless this one. Hope Mujatsi can play for the Bokke as soon as possible.

    @Walter: I know Monnas had a mean team two/three years back and was nr1 in SA. Think Walter Venter is the first one of that lot coming through. Is there anymore of that lot following in Walters foorsteps?

  • Comment 3, posted at 14.05.08 09:44:57 by PaarlBok Reply

    PaarlBokCurrie Cup player
     
  • @walter van transvaal.co.za (Comment 2) :

    visvoete :mrgreen: :mrgreen: :mrgreen:

    Must store that in the memory bank

  • Comment 4, posted at 14.05.08 09:48:02 by KSA Shark © Reply

    KSA Shark ©Head Coach
     
  • @walter van transvaal.co.za (Comment 2) : You know anyone at Loftus? :mrgreen:

  • Comment 5, posted at 14.05.08 09:49:14 by robdylan (Sharks Forever!) Reply
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  • Visvoete is way much better then Mountain Goats. :wink: The real visvoete you’ll get at Gansbaai or Saldanha. Those lot dont take prisoners. :cool:

  • Comment 6, posted at 14.05.08 09:51:15 by PaarlBok Reply

    PaarlBokCurrie Cup player
     
  • @robdylan (Sharks Forever!) (Comment 5) :

    You mean someone called Bakkies?

  • Comment 7, posted at 14.05.08 09:51:49 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @walter van transvaal.co.za (Comment 7) : That’s what I had in mind ;)

  • Comment 8, posted at 14.05.08 10:02:12 by robdylan (Sharks Forever!) Reply
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  • Mostert and Senekal aren’t bad…watch Senekal, he is going to get better and he is a physical player. But yes, Bakkies would have been welcome, I just don’t think we can afford him!

  • Comment 9, posted at 14.05.08 10:17:34 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @walter van transvaal.co.za (Comment 9) :

    wasn’t Dewald Senekal in the extended Sharks S14 squad last season?

  • Comment 10, posted at 14.05.08 10:18:38 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • @Le Requinny (Comment 10) :

    I dont know…we bought him from the Valke at the end of last year.

  • Comment 11, posted at 14.05.08 10:21:58 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • ja that’s right, I think he was loaned from the Valke last year. But then I think we released him from the squad….

    Think he started out at that forgotten province, EP though.

  • Comment 12, posted at 14.05.08 10:24:42 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • @Le Requinny (Comment 10) : Two years ago. He didn’t make the cut, then went to play for Free State.

  • Comment 13, posted at 14.05.08 10:25:14 by robdylan (Sharks Forever!) Reply
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  • Free State?

    How sure are you about that?

  • Comment 14, posted at 14.05.08 10:27:27 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • Dewald Senekal – Squads:

    2008
    Golden Lions (Vodacom Cup)
    Auto & General Lions (Vodacom Super 14)
    2007
    Valke (ABSA Currie Cup Premier Div)
    Valke (Vodacom Cup)
    Wildebeest (Vodacom Cup)
    Vodacom Cheetahs (Vodacom Super 14)
    The Sharks (Vodacom Super 14)
    2006
    Medicover Valke (ABSA Currie Cup Premier Division)
    Medicover Valke (Vodacom Cup)
    2005
    @lantic Pumas (ABSA Currie Cup First Division)
    @lantic Pumas (ABSA Currie Cup Qualifying Round)

    he also played first class cricket for SA-u19, EP & Northerns :shock: :!:

  • Comment 15, posted at 14.05.08 10:32:04 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • Sorry – so it was last year.

    Cheetahs… that’s Free State, right?

  • Comment 16, posted at 14.05.08 10:37:27 by robdylan (Sharks Forever!) Reply
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  • but yet he played Vodacom rugger for Natal & the Valke that same season :shock: :?:

  • Comment 17, posted at 14.05.08 10:44:00 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • Hopefully he’s found his home with us now…he looks like a great prospect, was carrying an injury but got it sorted when he joined us.

  • Comment 18, posted at 14.05.08 10:51:59 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @Le Requinny (Comment 17) : Not necessarily. SA Rugby just indicates that he was included in the squad, not that he actually played any games. AFAIK he was included in our Super 14 training squad, but didn’t make the cut. He then dropped down to the Wildebeest squad. Not sure if he actually ever played for them before being drafted into the Cheetas S14 squad.

  • Comment 19, posted at 14.05.08 10:53:59 by robdylan (Sharks Forever!) Reply
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  • @walter van transvaal.co.za (Comment 18) : Hoeveel hom nou oud is?

  • Comment 20, posted at 14.05.08 10:55:13 by robdylan (Sharks Forever!) Reply
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  • 25

  • Comment 21, posted at 14.05.08 10:58:46 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @PaarlBok (Comment 3) :

    I remember that…they beat every school they played against that year and mostly comfortably…

    Monnas and EG Jansen from Boksburg are in the Super 16 finals this year I heard…

  • Comment 22, posted at 14.05.08 11:20:09 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @Hmmm (Comment 22) :

    Hope EG Jansen don’t finish runners up in the 3 main school competitions again like they did a few years back…

    They were runners up against Nelspruit in the S16, Affies in the Beeld trofee and Daniel Pienaar (or something like that) in the Media 24 national schools competition…

  • Comment 23, posted at 14.05.08 11:23:12 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @walter van transvaal.co.za (Comment 21) : Wow… still young

  • Comment 24, posted at 14.05.08 11:25:57 by robdylan (Sharks Forever!) Reply
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  • @Hmmm (Comment 23) :

    Hey, Jansen already beat Monnas in the Super 16 final on Saturday..we’ve been chatting about it on my forum on my site.

  • Comment 25, posted at 14.05.08 12:05:54 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • I was in Jansen and my son is there at the moment… :lol:

  • Comment 26, posted at 14.05.08 12:07:08 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • Here is a link to the pic of the team that beat Monnas 13-10 in the Super 16 final last Saturday:

    http://www.egjansen.co.za/Rugby.html

    This has been how their season went so far this year:
    8 Maart 2008 – Klop Eldoraigne 30-15 tuis Super 16
    15 Maart 2008 – Klop Marais Viljoen 36-11 weg Super 16
    21 Maart tot 26 Maart toernooi by Oakdale landbouskool:
    Klop Punt 45-14
    Klop Marlow 20-19
    Klop Oakdale landbouskool 34-14

    19 April 2008 – Klop Merensky 41-17 tuis Super 16
    26 April 2008 – Klop Ermelo 62-21 (in Alberton) Super 16 kwart eindstryd
    1 Mei 2008 – Klop Waterkloof 34-22 (by Tuks) Super 16 half eindstryd
    10 Mei 2008 – Klop Monument 13-10 (by Tuks) Super 16 eindstryd

  • Comment 27, posted at 14.05.08 12:15:25 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • It’s a fine line between forcing a player to honour his contract and protecting the sanctity of contracting and the rules surrounding them.

    We can reach a situation where contracts are not worth the paper they are written and agents and coaches completely disregard the rules surrounding approaching players – which would be choas.

    It is difficult to judge matters like this from a distance without all the relevent facts but it would appear that Lubbe used some very technical and potentially incorrect reasoning to invalidate the contact with the Lions.

    It’s not the first time the Lions have had the contracts invalidated on a legal technical point. If I remember correctly when the Sharks contracted AJ Venter, there was something in his existing contract with the Lions long the lines of any new contract offer he had could be matched by the Lions. The Lions argued they had matched the Sharks offer but the Tribunal said no they hadn’t ….. the Sharks had offered daily ability to go the beach, something Lions couldn’t match!!!

  • Comment 28, posted at 14.05.08 12:33:58 by Dive Pass Reply

    Dive PassCurrie Cup player
     
  • @Dive Pass (Comment 28) : Curses! Outthunk again!

  • Comment 29, posted at 14.05.08 12:45:46 by robdylan (Sharks Forever!) Reply
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  • Tell you something for free – some HR tannie at Lions HQ should get shot for not procuring Mujuts a work permit.

    This whole mess stinks of the Lions management being incapable/too lazy to sort it out and now want to cry afterwards.

    They could’ve saved themselves a lot of heartache and money if they weren’t so slapgat in organising his work permit.

    Funny think is that he neevr even had a work permit – so effectively the Liosn did nothing for him!

  • Comment 30, posted at 14.05.08 15:15:57 by VinChainSaw Reply
    Author
    VinChainSawTeam captain
     
  • But surely there was also an onus on the player to inform the GLRU that his student visa had expired during the year?

    Ideally, yes, GLRU admin should be definitely proactively be checking his visa status. But you know as well as I do that it doesn’t even always happen in the UK.

    So I also think Mujati needs to take a slice of guilty pie, being an “illegal”.

    However, I agree that it has nothing to do with the Stormers & the correct ruling was probably reached.

  • Comment 31, posted at 14.05.08 15:32:57 by Le Requinny Reply
    Author
    QuinnysharkCurrie Cup player
     
  • @Le Requinny (Comment 31) : OK, so Butch apparently played a few games for Bath while not having a valid work permit.

    Is it just me, or is there a slight double standard here? If I worked here for a single split second without having a valid work permit they would kick me out and never let me back in again!

  • Comment 32, posted at 14.05.08 15:47:14 by robdylan (Sharks Forever!) Reply
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  • Pfff, the Home Office isn’t always as sharp as cottoning on as they like people to think…

  • Comment 33, posted at 14.05.08 15:53:26 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • @Le Requinny (Comment 33) : You hear what Stutters Brown had to say in parliament today? Apparently they want immigrants to contribute to some fund to keep local services running…

  • Comment 34, posted at 14.05.08 15:55:41 by robdylan (Sharks Forever!) Reply
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  • Damn foreigners! :wink:

  • Comment 35, posted at 14.05.08 15:56:56 by racheltjiedebeer Reply

    McLovinAssistant coach
     
  • @robdylan (Sharks Forever!) (Comment 34) : aaargh, what monetary contributions? There was talk a little while back of immigrants having to do charity work etc to gain extra points/fast track their permanent residency a little while back.

    The Poms have it all wrong though – its not so much the immigrants who clog up & drain the public services – rather all the unemployed Poms sitting on the dole & popping out kids to claim free housing (u18 mothers) & child benefits :roll:

  • Comment 36, posted at 14.05.08 15:59:00 by Le Requinny Reply
    Author
    QuinnysharkCurrie Cup player
     
  • But you are right about double standards… how come we have to wait all these years for that revered maroon document, whereas sportstars get fastracked based on their oumas & oupas being born there. All my mates on ancestry visas also have a bit of a wait…

  • Comment 37, posted at 14.05.08 16:00:35 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • @racheltjiedebeer (Comment 35) : You on the dole yet? :)

  • Comment 38, posted at 14.05.08 16:01:08 by robdylan (Sharks Forever!) Reply
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  • @Le Requinny (Comment 36) : will wait to see the draft bill. I’ve already mailed my MP to tell him I think it’s, quite frankly, a shyte idea.

  • Comment 39, posted at 14.05.08 16:02:42 by robdylan (Sharks Forever!) Reply
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  • @walter van transvaal.co.za (Comment 26) :

    Oh ok…so they obvioulsy have a good team again this year…and finally won a final…. :shock: LoL

    Where can one view the schools ranking…I tried checking on Supersport but they don’t give ranking out anymore?

  • Comment 40, posted at 14.05.08 16:05:48 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @robdylan (Sharks Forever!) (Comment 38) : :lol: I probably should take a sabbatical and go on the dole.

  • Comment 41, posted at 14.05.08 16:10:58 by racheltjiedebeer Reply

    McLovinAssistant coach
     
  • @Le Requinny (Comment 36) : Very true. :evil:

  • Comment 42, posted at 14.05.08 16:12:31 by racheltjiedebeer Reply

    McLovinAssistant coach
     
  • @racheltjiedebeer (Comment 42) : I forget to add that they’re always the ones who go running off to the NHS at the first sign of a runny nose… need a tissue :roll: ?

  • Comment 43, posted at 14.05.08 16:13:36 by Le Requinny Reply
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    QuinnysharkCurrie Cup player
     
  • @Hmmm (Comment 40) :

    I guess they have realised that the schools ranking is a daft idea, as most of the schools never even play each other. Jansen for instance only play against the schools from the old Transvaal province, although they went to a tour to Oakdale this year and klapped 3 schools there.

    I often watch these FNB classic clashes on SS, and I can see that the teams are ofetn way way way below the standard of the matches that Jansen are involved in.

  • Comment 44, posted at 14.05.08 16:14:19 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @walter van transvaal.co.za (Comment 44) :

    Yeh I know…I watched Jeppe and KES play in the Rugby fest the past weekend and they were all like excited asking…”did you guys see the game”…”intense” etc…

    I said it was a bore and far below first team standards…they were not very impressed but it is true…and especially the Jeppe kids were not physical enough for rugby…and you could see by how much they tired out at the end of the game…

  • Comment 45, posted at 14.05.08 16:30:42 by Hmmm Reply

    HmmmSuper Rugby player
     
  • Then the Jeppe guys wanna brag and say they play PTA boys high, Michael house etc etc and schools like that and they are up to standard…

    I told them that it does not matter of the play the All Blacks….it was a crappy game…

  • Comment 46, posted at 14.05.08 16:33:07 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @walter van transvaal.co.za (Comment 44) :

    But when the competition goes national then surely that is grounds for it?
    With the news 24 comp Jansen and Daniel Pienaar played the final a few years back…(Eastern Gauteng school vs Western Cape school)

    And why do schools like KES/Jeppe and then not play against the likes of Jansen and so forth…I mean Boksburg high plays against Oosterlig and Elspark so it cannot be about Eng and Afr like one guys suggested…LoL

  • Comment 47, posted at 14.05.08 16:37:01 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @Hmmm (Comment 47) :

    They divide the schools into strength vs strength, in the Valke region only Hans Moore, Hugenote, Jansen, Jeugland and Kempton play in the top tier (Called Makro skole)

    Elspark and Oosterlig plays in the 2nd tier called Groot skole, the 3rd tier is Medium and 4th Small/Klein.

    This is a nice schools rugby site

    http://www.skolerugby.co.za

  • Comment 48, posted at 14.05.08 16:47:59 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @Hmmm (Comment 47) : GLENWOOD HIGH SCHOOL from Durban Natal are the current “School World Cup” holders…for once a Natal school ha upstaged the Vaalies!! :mrgreen: :mrgreen: :lol: :lol:

  • Comment 49, posted at 14.05.08 16:48:37 by Me2 Reply

    Me2 aka Mama SharkCurrie Cup player
     
  • Schools in the top tier will probably kill schools one tier down, so they don’t play each other, unless a school moves up/down a tier.

  • Comment 50, posted at 14.05.08 16:50:12 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     
  • @Me2 (Comment 49) :

    Who did they play against to get that title…

    Did they beat any of Jansen/Monument/Affies/Waterkloof/etc to qualify?

    Just a question…as I never heard of them before…so not sure of the validity of that competition…

  • Comment 51, posted at 14.05.08 16:51:32 by Hmmm Reply

    HmmmSuper Rugby player
     
  • @walter van transvaal.co.za (Comment 50) :

    Ok so you get Makro schools now…..

  • Comment 52, posted at 14.05.08 17:05:35 by Hmmm Reply

    HmmmSuper Rugby player
     
  • They played in a tournament in Japan….schools from all over the World…not sure about how they qualified or whatever! maybe Walter know more about it :?:

  • Comment 53, posted at 14.05.08 17:08:04 by Me2 Reply

    Me2 aka Mama SharkCurrie Cup player
     
  • @Me2 (Comment 53) :

    Walter….you know about it? Could not find anything on that schools website you posted…

  • Comment 54, posted at 14.05.08 17:10:46 by Hmmm Reply

    HmmmSuper Rugby player
     
  • Don’t know anything about it…sounds like the World Series in the US…LOL!

  • Comment 55, posted at 14.05.08 19:32:23 by walter van transvaal.co.za Reply

    walter van Lions WorldCurrie Cup player
     

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