As a result of a landmark ruling on Saturday by the labour court in Johannesburg, Springbok and Blue Bulls hard man Bakkies Botha will have to continue in his role as “enforcer” until 2011.
This is because his request to have his contract with the Blue Bulls Company declared null and void was denied with costs.
In other words, Botha will have to honour the remaining three years on his contract, which he extended in September 2006.
The ruling ends his ambitions of joining newly promoted French club Toulon.
Botha, who is currently on national duty with the Springboks on their away leg of the Tri-Nations, had earlier this year asked that the Blue Bulls Company release him from his contract so that he could join Bok teammate and former Bulls captain Victor Matfield at Toulon. His request was turned down.
In an ironic twist, Matfield signed a new three-year deal with the Blue Bulls Company at the beginning of May, turning his back on a lucrative contract with Toulon after only spending six months with the French club.
Another Bulls lock, Francois van Schouwenburg, who had joined Toulon at the end of last year, has also returned to the Blue Bulls for this year’s Currie Cup campaign. In February Botha intensified his attempts to sever ties with his bosses at Loftus Versfeld.
He approached the labour court to have his contract declared invalid. While Botha will be obviously disappointed at being ordered to honour his agreement, Blue Bulls Company chief executive officer Barend van Graan couldn’t contain his relief at the judgment. But he was also hopeful that no damage had been done to relations between the Blue Bulls Company and Botha.
“I heard about this telephonically so I cannot comment on the content of what the court papers say. We are relieved and I am looking forward to a constructive relationship with Bakkies in the future. I haven’t spoken to Bakkies yet,” was all Van Graan was prepared to say last night.
“The court agrees with us that the agreement we have with Bakkies is valid and legal,” said the Blue Bulls Company’s legal adviser, Wilhemien Lensing, on Friday.
Botha can appeal the judgment.
By Vata Ngobeni
o This article was originally published on page 1 of Pretoria News on June 28, 2008
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Seemed the likely outcome from the beginning. If memory serves, his main defence was that his agent wasn’t a registered one.
Problem here is will his heart be in it though for the Bulls..whilst thinking of the money and experiece he can be gaining overseas.Perhaps the Bulls could work something out and release him after a season.
doesn’t look like being a happy 3 years, now does it?
Well, Bakkies aside, its a good decision for the principle of contractual sanctity – its not good for commerce or even common decency if people can willy-nilly refuse to honour contractual obligations.
@Big Fish (Comment 4) : Agree with you 100%
@Big Fish (Comment 4) :
Agreed..had he won it would set a dangerous precedence for future players to just pack up and leave when it suited them.
Just watching Total rugby..Chster hoping to follow in PDV footsteps and coach the senior Boks..yea right
@Big Fish (Comment 1) :
yip, and also about some technicality of leave that was due and never been taken or allowed to be taken
Chabel looking he’s caveman best as always..Common France!!!
lets see how long he can stay on the pitch-lol
@MrG (Comment 9) :
5 min..so far so good 🙂
Gitieu misses an easy kick
10-6 to Oz at the break.
Wonder if Balkkies will be firing his ‘agent’. 🙄
Balkkies = Bakkies. 😳
TMO pending.
Sharpe try.
15-6 to Oz
Conversion good.
17-6 to Oz.
Lovely running from the dingos. TMO pending.
Held up.
5m scrum dingos.
Try dingos…
22-6
Very poor defense from french 12.
24-6
French in trouble.
Plenty of final warnings to French.
27-6
French have missed 13 tackles in 11min. 😯
French doing their best to butcher a try.
After about 2 million fases the French give away a penalty 5m from try line.
Mortlock intercept try.
34-6
Try France.
34-13
70min
48899 convicts in attendance.
oi
Full Time
34-13
I bet bakkies is less beat up about the decision now that he would have been a few months back, with his bum chum back in the mix.
and no, i would not call vic his bum chum to either of their faces
Butch James may be lost to Springbok rugby if attempts to lure him back to South Africa fail.
http://www.rugbyweek.com/news/article.asp?id=14083