Yasser Mugerwa, KCCA and the law: Is a contract worth the paper it’s written on?

Sporting relations, like in other forms of employment the world over, by and large, are defined by the fine print in the form of contracts. These contracts define the scope of the relationships between sportsmen and their employers, usually sports clubs or organizations, including how and when to terminate the said relationships.

Importantly, these contracts are governed by the principle of “pacta sunt servanda” also known as the “sanctity of contract”. This principle is fundamental taking into account the short shelf-life of a sportsman’s career.

The last week or so has cast one of Uganda’s most successful football clubs, KCCA, and one of its players, Yasser Mugerwa, into the spotlight in a contractual dispute, at least on the face of it.

This columnist, from the outset, must state that he has not looked at the contract between Yasser Mugerwa and KCCA but will proceed to explore the subject from a general sports/ football employment perspective without necessarily delving into who is right or wrong between the two parties.

KCCA released a statement saying it had terminated the contracts of some players including that of Mugerwa under what it termed as “mutual termination.” The player quickly ran to his social media page where he dismissed the claims as “fake news” and has since spoken in several media interviews stating that as far as he is concerned, he is still a KCCA player and if anything, the club owes him some benefits.

Employment relations between footballers and clubs are governed by Fifa’s Regulations on the Status and Transfer of Players (RSTP), which Fufa has incorporated into its own Fufa Regulations on the Status and Transfer of Players.

Sports Law has its own unique concepts under which a sports employment contract can be brought to an end, away from conventional employment law. The RSTP propounds that contractual arrangements must be respected; however, it also provides for instances of termination. The RSTP stipulates that a contract may only be terminated upon its expiration or by mutual agreement. It also further adds that they may also be terminated unilaterally by either party for “just cause” and by players for “sporting just cause.”

The jurisprudence coming out of Fifa’s Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (Cas) gives an example of what amounts to “just cause” as for instance a player not reporting for training over a prolonged period or a fundamental breach of contract. The Adrian Mutu case is a good example.

“Sporting just cause” on the other hand as stated in Fifa’s commentary on the RSTP was developed to prevent clubs from benching players or not allowing them to play for a long time without selling them. A player can unilaterally terminate their contract in such a scenario.

Mugerwa has spent more time in the sick bay than on the pitch for KCCA since his signing and it is perhaps easy to understand why KCCA now considers him surplus to requirements and also why they purported to terminate his employment under “mutual agreement” as opposed to “just cause” which would not have cut it as per the decisions from the Fifa DRC and Cas. But there seems not to have been any “mutuality” under the circumstances.

If it is not nipped in the bud, this dispute should be handled by the Fufa DRC, which has handled similar matters and made some good decisions in favour of players. It could also inadvertently pit the internal regulation against the external regulation of sport, one of this columnist’s favourite subjects.

A couple of sports employment disputes have been filed in the Industrial Court of Uganda under the Employment Act and have been entertained. Dangerous precedents and reputational hits for sports clubs/organisations if you ask me.

These mutual terminations are rife in sports and, honestly, are many a time the best route to end irreconcilable differences between player and club, but if Mugerwa-KCCA teaches us anything, they must be handled well, forgive my French, legally.

The author is a Sports Lawyer and Lecturer | [email protected]