Spurs Considering High Court Over SAFA Ruling On Baartman And Velebayi
Sportswire has been informed that Cape Town Spurs are considering challenging how SAFA arbitrator Hilton Epstein SC reached his decision in favour of Kaizer Chiefs, which cleared the Amakhosi to field attackers Asanele Velebayi and Luke Baartman.
Epstein ruled in Chiefs’ favour, declaring both players free agents after Spurs had appealed the PSL Dispute Resolution Chamber (DRC) decision to SAFA.
The PSL DRC had initially ruled that both players were free agents, meaning Spurs could not demand any transfer fees from Chiefs.
This ruling followed Spurs’ relegation from the Motsepe Foundation Championship to the ABC Motsepe Regional League in Cape Town — a division classified as an amateur league.
However, Spurs disputed this, insisting that both players had valid contracts and that they were therefore entitled to transfer fees.
The club then took the matter to the SAFA Appeals Board in an attempt to overturn the decision and claim what they believed was due to them. However, their appeal was unsuccessful.
“There’s a suspicion that Spurs might appeal the process rather than the judgment itself. They could challenge the method Epstein used to reach his decision by taking the matter to the High Court,” a source told Sportswire.
“They could do that, but it’s highly unlikely because it would be a very costly exercise, and it would take the matter outside the realm of football law. Once it reaches the High Court, it becomes more of a labour dispute, and FIFA would not be pleased with that.”
Even if Spurs proceed with a High Court challenge, it will not prevent Kaizer Chiefs from using the two players, as both football authorities in the country are in agreement.
“Since both the PSL and SAFA have ruled that the players are free agents, Chiefs can play them,” the source added.
“Even if Spurs go to the High Court, they can’t appeal a football decision. What they can do is question the process and whether the judgment is legally valid.”
This wouldn’t be the first time Spurs have taken a football dispute to the High Court. In the 2017/18 season, the club (then known as Ajax Cape Town) challenged their relegation after being docked points for fielding an ineligible player, the late Tendai Ndoro.
Ndoro had already played for Orlando Pirates and Saudi Arabian club Al-Faisaly FC earlier that season, breaching FIFA’s rule against representing more than two clubs in one campaign.
Following unpaid wages in Saudi Arabia, Ndoro returned to South Africa to join Ajax Cape Town — a move that led to severe sanctions, including the deduction of points from seven matches in which he featured. The punishment ultimately led to Ajax’s relegation to the Motsepe Foundation Championship.
Spurs (then Ajax) took that case to the High Court, arguing that the PSL was also at fault for registering Ndoro. However, they lost the case.
