rekinek

Ladies & Gentlemen, I give you a contract


Written by (rekinek)

Posted in :Original Content, Sharks on 24 May 2010 at 08:00
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LADIES & GENTLEMEN I GIVE YOU A CONTRACT
His name is Valid

Recently the Sharks signed up Lionel Mapoe and, if some media reports are to be believed, look set for yet another court battle, this time with the mighty Free State Union. This prompted some to suggest that Sharks are unethical player poachers and the worst of all acting against “Valid”. I am somewhat surprised why legal disputes around players contracts are so frowned upon and why “Valid” is believed to be right. Let me explain…

Contracts are omnipresent in our lives. We contract all the time, buying bread and milk from a local supermarket, posting a comment at Sharksworld we contractually agree to comply with its rules and regulations. The fact that most of us go to work is due to our employment contract.

Generally, contracts do not have to be in writing to be valid (with some specific exceptions for example the agreement to sell an immovable property have to be in writing). Some contracts are concluded orally, some by mouse clicking and some through access. Yes, by hopping on a bus you actually contract with the owner of a bus.

My point is … considering the amount of contracts being concluded no wonder that there is litigation concerning them.

Let’s talk about employment contracts for a minute. Ordinarily one spends 8 hours a day at work, this is one third of our day (I know some poor sods are less lucky and this time gets stretched somewhat). Factoring in sleeping time one is justified in concluding that we spend a hell of a lot of our time working.

My point is … considering the amount of time that one spends working no wonder that there is litigation concerning it.

In fact there is plenty of it. The CCMA, a forum established to deal with employment matters is close to being bankrupt as they fail to handle ever increasing volume of cases. And this institution exists in addition to a number of bargaining councils for specific industries and labour courts.

This is the context in which one must view court cases pertaining to contracts of professional players. I am using the word “professional” here to denote a person who is being paid for services he renders. The sport of rugby entered the era of professionalism and although we still expect players to love their job and perform it with passion and commitment we also expect them to perform up to a certain level because this is what they are being paid for.

My point is … considering that professional rugby players conclude contracts for rendering their services, which in many respects are similar to the employment relation no wonder that there is litigation concerning them.

Let’s now tackle my problematic Mr Valid. One of the reasons why he caught my attention was because I do not think that many rugby journalists or administrators have much of a legal knowledge to speak of. It’s fine if they don’t because it’s not really expected of them but perhaps before sending some statements into the air it may be good to check a few things.

Mr Valid is a member of a contract family. A contract is an agreement to create obligations between contracting parties. In order for a contract to become Mr Valid there need to be an agreement between persons who have capacity to act, performance of the obligation must be possible and legal. This is it, the sum total of requirements that make Mr Valid special. Let’s note that there is no need to use of any standard templates.

Most of us remember Jacque Fourie saga. Jacque apparently did not have a valid contract with the Lions as some sort of a technical advisor. Perhaps this particular contract was invalid because it was not possible for Jacque to render such services. The fact is though that for many years he played for the Lions and received salary for it and if you ask me there was a contract, but perhaps not a written one.

My point is … existence of a valid contract does not prejudge the matter yet.

This is just the beginning, as now Mr Valid enters the real world. In this world perhaps the union X didn’t pay the player Y as much as he was promised in his Valid contract or perhaps he did not get time off for Easter. Perhaps union X is upset that the player did not score those 4 tries that he was contractually obliged to. Perhaps, perhaps…one of the hundred and one situations occurred and the party did not act in accordance with their agreement.

Perhaps the details of these situations were not revealed to the press but will be disclosed in the court proceedings should the union or the player decide to go this route. The rules of disclosure and the offence of contempt of court or perjury are there to safeguard the due process.

My point is…we do not really know so perhaps we should wait to hear what the court has to say.

So far the Sharks have not lost the case over Mapoe. They were not even taken to the court on this one.

My point is … perhaps one should cut them some slack.

Any questions?



67 Comments

  • Professional rugby has been allowed to shaft the CC, so it might as well be exploited by the Sharks.

    Everybody knows a contract is only as good as it’s first loophole.

    SA should be thanking the Sharks, luckily we’re the ones exploiting these contracts and not overseas teams. Maybe the franchises in SA will learn to have a closer look at their contracts now.

  • Comment 1, posted at 24.05.10 08:30:16 by FireTheLooser Reply
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  • Think of the player aswell, they get stuffed around, given prommeses, but dont ge the chance to play.

  • Comment 2, posted at 24.05.10 08:46:13 by Tiger Reply
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  • What’s your point?

  • Comment 3, posted at 24.05.10 09:05:01 by Morné Reply
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  • @Morné (Comment 3) : :lol: :mrgreen:

  • Comment 4, posted at 24.05.10 10:23:26 by wpw Reply
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  • @Morné (Comment 3) : :lol: :lol: :lol: :lol: :lol:

  • Comment 5, posted at 24.05.10 10:37:43 by sharks_lover Reply
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  • gm bmb :lol:

  • Comment 6, posted at 24.05.10 10:44:13 by sharks_lover Reply
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  • oh lets turn ya upright wpw
    :mrgreen:

  • Comment 7, posted at 24.05.10 10:44:50 by sharks_lover Reply
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  • @FireTheLooser (Comment 1) : We should thank the sharks :?:
    I had a break in at home the other day, cleaned me out, but I am really gratefull to the thieves, because they exposed a loophole in my security system that I am now able to close :lol:

  • Comment 8, posted at 24.05.10 10:58:27 by Greg Reply

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  • @FireTheLooser (Comment 1) : i don’t think i entirely agree. Of course it’s good to have a “watertight” contract (although I doubt something like this exists) and there are better and worse contracts.

    But what if you have this very good contract and the other side still does not act in terms of it.

  • Comment 9, posted at 24.05.10 11:24:48 by rekinek Reply
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  • @Tiger (Comment 2) : yip.

  • Comment 10, posted at 24.05.10 11:26:29 by rekinek Reply
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  • @Morné (Comment 3) : :lol:
    I will ask Rob to make it in colour, clearly bold was not sufficient :roll: ;-)

  • Comment 11, posted at 24.05.10 11:27:28 by rekinek Reply
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  • @rekinek (Comment 11) :

    Hehe,

    Nah dude I get it, whoever is right is decided by the court and until we know all the details anyone could be guilty.

    I just grates me how we do things in SA Rugby.

  • Comment 12, posted at 24.05.10 11:34:52 by Morné Reply
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  • @Morné (Comment 12) : don’t you think that’s a bit unrealistic to expect that all will be good and no disputes will ever arise.

    it may be better to have it resolved by some specialised arbitration forum, but the bottom line is it would still be a conflict.

  • Comment 13, posted at 24.05.10 11:45:12 by rekinek Reply
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  • rob , just phoned my mate in durban ex sharks player and the ruan and smitty story is BS

    smitty infact is just busy completing his move into his newly built hiuse

    ruan will not be leaving and nothing is a dont deal till 2012 season

    as for the stories re 8 players going to the lions i have no answer to

  • Comment 14, posted at 24.05.10 11:45:44 by sharks_lover Reply
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  • gm morne

    boet like i told you i will believe only when facts are available

    the press in south africa love to bull shit

    , just like the smitty and ruan story

    now there is guys running around with all kinds of rumours

    same with JdeVilliers , untill its confirmed , i wont believe a thing , there is rumours he is only gonna go to wp , then lions and sharks

    not 1 grain over evidence though of anything

  • Comment 15, posted at 24.05.10 11:49:34 by sharks_lover Reply
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  • over=of

  • Comment 16, posted at 24.05.10 11:50:11 by sharks_lover Reply
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  • @sharks_lover (Comment 14) : mate, I like you, but I’m going to take Mike Greenaway’s word over yours, k? :mrgreen:

  • Comment 17, posted at 24.05.10 11:52:59 by robdylan Reply
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  • @robdylan (Comment 17) :
    That, and the silence from the Sharks camp – of course they could all still be talking figures.

  • Comment 18, posted at 24.05.10 11:56:14 by Salmonoid Reply
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  • @robdylan (Comment 17) : lol rob , np boet , trust me this is from the horses mouth ;-)

  • Comment 19, posted at 24.05.10 11:56:56 by sharks_lover Reply
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  • anyhows i am sure itll be denied or confirmed soon in the sharks site

  • Comment 20, posted at 24.05.10 11:58:00 by sharks_lover Reply
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  • but names i wont mention here

  • Comment 21, posted at 24.05.10 11:58:22 by sharks_lover Reply
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  • btw greenway is a little pissed :lol: off at plum

  • Comment 22, posted at 24.05.10 11:59:12 by sharks_lover Reply
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  • @Salmonoid (Comment 18) : according to some press reports john signed at the start of the super 14 already

  • Comment 23, posted at 24.05.10 12:03:08 by sharks_lover Reply
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  • @sharks_lover (Comment 19) : CD?

  • Comment 24, posted at 24.05.10 12:03:09 by robdylan Reply
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  • @robdylan (Comment 17) : i prefer sharks_lover version.

  • Comment 25, posted at 24.05.10 12:03:13 by rekinek Reply
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  • its the same as the reports that the ebersohns are comming toi the sharks

    ill believe it once its confirmed and fact

  • Comment 26, posted at 24.05.10 12:04:01 by sharks_lover Reply
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  • @sharks_lover (Comment 23) : signed what?

  • Comment 27, posted at 24.05.10 12:05:15 by robdylan Reply
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  • @rekinek (Comment 25) : hey, some guy I met on a blog told me that Bakkies Botha, Schalk Burger, Fourie du Preez, Morne Steyn, Andries Bekker, Jaques Fourie and Mother Theresa signed for the Sharks

  • Comment 28, posted at 24.05.10 12:06:07 by robdylan Reply
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  • @rekinek (Comment 25) : Me too, please Ruan stay.

  • Comment 29, posted at 24.05.10 12:08:24 by Letgo Reply
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  • @robdylan (Comment 28) : There’s only two player in that group that I really want to play for the Sharks, Jacques Fourie and…Mother Theresa. The others can stay where they are, no thank you very much. I like Sykes, Botes, Ruan “who ever we’ll play at 10″, Hargreaves, enough in there positions.

  • Comment 30, posted at 24.05.10 12:11:54 by Letgo Reply
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  • I don’t like rumors, isn’t it illegal to make story’s up and then print it in a newspaper? Where has the integrity of the media gone? Everything has become gossip pieces. You can’t take anything you read serious anymore. I want to know if Ruan and John is staying!!!

    I want to know where Jdv will go. Can anyone just tell me the truth. I’m very annoyed. :x

  • Comment 31, posted at 24.05.10 12:16:51 by Letgo Reply
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  • @Letgo (Comment 31) : If it’s the professional era then fine, I get that players will leave, but can’t it all be done professionally. It’s always a mess.

  • Comment 32, posted at 24.05.10 12:18:39 by Letgo Reply
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  • I have earned my CC selection… :mrgreen:

  • Comment 33, posted at 24.05.10 12:20:15 by Letgo Reply
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  • :grin: :razz: :smile: :mrgreen:

    Just before the CC!!!

  • Comment 34, posted at 24.05.10 12:20:50 by Letgo Reply
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  • @robdylan (Comment 28) : Nope, can’t be true, Mother Theresa has signed for the Lions, the only team interested in someone that late in their career :lol:

  • Comment 35, posted at 24.05.10 12:26:48 by Greg Reply

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  • @Letgo (Comment 31) :

    JVD will be going back to WP.

    You read it here first, on Stormersworld.co.za :twisted:

  • Comment 36, posted at 24.05.10 12:28:45 by wpw Reply
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  • @wpw (Comment 36) : Why – we got the form inside centre of the competition? If he is coming back to WP – it should be for a reduced salary given he is probably going to be a bench player :twisted:

  • Comment 37, posted at 24.05.10 12:32:59 by Worcestershire Sauce Reply
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  • @Worcestershire Sauce (Comment 37) :

    Nah dude, De Jongh has been good BUT he is not as good as Jean.

    And he doesn’t like to pass!! :roll:

  • Comment 38, posted at 24.05.10 12:50:25 by wpw Reply
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  • @wpw (Comment 38) :

    ….get him in i think he could be outstanding ! ;-)

  • Comment 39, posted at 24.05.10 12:54:37 by Hertford Highlander Reply
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  • @Worcestershire Sauce (Comment 37) :

    ….maybe not the competition ! :cool:

  • Comment 40, posted at 24.05.10 12:55:02 by Hertford Highlander Reply
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  • @robdylan (Comment 24) : yes bro

  • Comment 41, posted at 24.05.10 12:58:46 by sharks_lover Reply
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  • @sharks_lover (Comment 41) : Durban is denying both stories, bru… but then again, they would!

  • Comment 42, posted at 24.05.10 13:18:15 by robdylan Reply
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  • @Hertford Highlander (Comment 40) : Care to name someone else?

  • Comment 43, posted at 24.05.10 13:26:26 by Worcestershire Sauce Reply
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  • @robdylan (Comment 28) : mother Theresa may be a good buy – she has valuable connections :mrgreen: the rest we will not need once we have her :lol:

  • Comment 44, posted at 24.05.10 13:35:28 by rekinek Reply
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  • @Worcestershire Sauce (Comment 43) :

    There must be at least 5 inside centres that have had as good a Super Season as de Jong ! :mrgreen:

  • Comment 45, posted at 24.05.10 13:36:21 by Hertford Highlander Reply
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  • @Letgo (Comment 33) : congrats :razz:

  • Comment 46, posted at 24.05.10 13:36:34 by rekinek Reply
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  • @Greg (Comment 35) : that’s more likely – she was known for working with most needy :lol:

  • Comment 47, posted at 24.05.10 13:38:23 by rekinek Reply
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  • @rekinek (Comment 47) : :lol:

  • Comment 48, posted at 24.05.10 13:48:13 by Greg Reply

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  • @Hertford Highlander (Comment 45) :

    Olivier
    Nonu
    Fruean
    Giteau

    Can’t think of any others!! :roll: :shock:

  • Comment 49, posted at 24.05.10 14:02:07 by wpw Reply
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  • @wpw (Comment 49) : Timotei is just top of an average bunch – aside from Nonu – name me one 12 who breaks the line with the regularity of De Jongh?

  • Comment 50, posted at 24.05.10 14:04:21 by Worcestershire Sauce Reply
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  • @Worcestershire Sauce (Comment 50) :

    Dude, I’m on your side here. ;-)

    I just thought I’d try to name 5 and looking at the S14 squads there’s aren’t any decent inside centres.

    Btw, Fruean is an outside centre!! :roll:

    I agree that De Jongh has been good!!

  • Comment 51, posted at 24.05.10 14:07:59 by wpw Reply
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  • @rekinek (Comment 9) : Watertight? ever tried screwing the bank? ;-)

  • Comment 52, posted at 24.05.10 14:19:43 by FireTheLooser Reply

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  • @Greg (Comment 8) : Not the security system, but the security company.

    Btw, if you left the door open, do you really think the problem is with your security? ;-)

  • Comment 53, posted at 24.05.10 14:24:18 by FireTheLooser Reply

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  • @Worcestershire Sauce (Comment 50) : I don’t think De Jongh is the best 12 YET, but as for his talent, Jean de Villiers might as well get used to wearing the black and white :grin:

  • Comment 54, posted at 24.05.10 14:27:25 by FireTheLooser Reply

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  • @FireTheLooser (Comment 52) : :lol:
    i did make A bank to change some of their contractual clauses – if this is what you ask. so it is quite doable. ;-)

  • Comment 55, posted at 24.05.10 14:35:37 by rekinek Reply
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  • @FireTheLooser (Comment 54) : Lol not best yet – i was suggesting he has been the form 12 – especially in an SA context – Olivier is one dimensional – he used to offer more on attack – and now he shovels it out or crashes.

    @wpw (Comment 51) : Goddamit get on the same page !!!! :lol:

  • Comment 56, posted at 24.05.10 14:39:27 by Worcestershire Sauce Reply
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  • @rekinek (Comment 55) : Tel me more, have you written a book yet? Where can I buy it? :lol:

  • Comment 57, posted at 24.05.10 14:45:31 by FireTheLooser Reply

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  • @FireTheLooser (Comment 53) : If I inadvertantly left the door open, I still would not thank the person who came in and stole my possesions :!:

  • Comment 58, posted at 24.05.10 14:47:59 by Greg Reply

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  • @Greg (Comment 58) : But I guarantee you won’t do it again ;-)

  • Comment 59, posted at 24.05.10 15:22:17 by FireTheLooser Reply

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  • @FireTheLooser (Comment 57) : it may be better if you do not encourage me. i may just do that and send you a copy :mrgreen:

    but seriously I told them I was unhappy with certain clauses and suggested changes. Took veeeeeeeeery long – but it was changed, thus ensuring client satisfaction :lol:

  • Comment 60, posted at 24.05.10 16:38:23 by rekinek Reply
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  • rob one thing with the sharks if a player is to leave they admit and dont fight release

    just like when muller stories came out and even steyn

    if they denying it bro , specially after what i heard today and as you know its a very good source then i believe they will be staying

    i also found it strange that smitty would even concider leaving as he is earmarked for long term stuff at the sharks , with coaching and academy

    there is an article in the daily news this afternoon to where mark andrews says he finds it hard to believe ruan would leave now just ahead of the world cup

  • Comment 61, posted at 24.05.10 17:43:52 by sharks_lover Reply
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  • @Worcestershire Sauce (Comment 56) : @Worcestershire Sauce (Comment 43) :

    I think 5 inside centres that have have a season as good as de Jong would be:

    Nonu, Olivier, Cross, Faingaa, Stanley

    But i would easily at de Jong to that list he has had a great season !

  • Comment 62, posted at 24.05.10 18:04:35 by Hertford Highlander Reply
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  • Contract or no Contract , Loophole or no loophole, I still think the way the Sharks have been going about their business is not in the spirit of things and that the biggest problem at the Sharks at the moment is the same embarrassment that occurred in Bok rugby, the paranoid underhand Streuli, who seems to have forgotten the purpose of the academy, discover young talent bring it to Durban and nurture it through to a position where it performs on the big stage and is not continually undermined by players being brought in above it , thus rendering it a useless nursery, because the players at the Academy will begin to lose hope!! Streuli should be chasing young talent, not people who are already established!! The Bulls are reaping what Meyer put in place abd have such a rich reserve they could afford to take a second string that most franchises would die for. Get rid of that idiot and return to the core values of developing young talent and you will return to the top!!

  • Comment 63, posted at 25.05.10 06:09:39 by Whindy Reply
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  • @FireTheLooser (Comment 59) : Maybe not, but that would still not mean that the original perpetrator should go unpunished

  • Comment 64, posted at 25.05.10 10:27:00 by Greg Reply

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  • @Greg (Comment 64) : if I understand FTL’s theory correctly – the perpetrator simply collected his award for exposing loopholes in your security system …

  • Comment 65, posted at 25.05.10 10:44:15 by rekinek Reply
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  • @Whindy (Comment 63) : The Bulls were also involved in some court scenary – Bakkies matter springs to mind.

    I just do not buy the idea that suddenly the Sharks are this unethical union and not Stormers, Cheetahs or Lions when they instigate the court proceedings.

  • Comment 66, posted at 25.05.10 10:46:43 by rekinek Reply
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  • @rekinek (Comment 66) :

    I agree.

    Who would say no to earning over 5 times your current salary, which in Mapoe’s case is a huge jump from 200K a year to over a million a year (which I am sure is what he will be getting) :shock:

  • Comment 67, posted at 25.05.10 10:49:41 by wpw Reply
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