Luther Obi

Sylvian Mahuza

SA Rugby’s lenient rugby agent laws may come under the spotlight after 2 highly promising players seem to have signed for the EP Kings while they had valid contracts with the Leopards Rugby Union.

The Leopards Rugby Union are set to lay a complaint at SA Rugby and have consulted legal advice after 2 of their players – highly rated wingers Luther Obi, who played for the SA Under 20 side last year and Sylvian Mahuza, apparently signed with the Kings while still having valid contracts with the Leopards until 31 October 2015.

Now the player agent Jaco du Plessis is facing both legal action and a complaint at SA Rugby about his conduct, as the Kings have claimed they acted in good faith and knew nothing about the prior contracts the 2 players had.

The Kings claim they were told the players had no binding contracts and therefore snapped them up.

Both players were set to make their debut for the Lions in Vodacom Super Rugby this season through the agreement between the Lions and the Leopards, but then did not turn up for practice sessions as instructed to.

The Leopards Rugby Union said they have consulted legal advice on the matter.

“The Leopards Rugby Union (LRU) can confirm that 2 of its star players, Luther Obi and Sylvian Mahuza, are currently with the EP Kings in Port Elizabeth, despite having signed legitimate player contracts with the LRU until 31 October 2015,” the LRU said in a statement.

“There can be no doubt that the players are contracted with the LRU until 31 October 2015 and it is the LRU’s opinion that not only are they entitled to keep the players to their contracts but also that they intend to do so.

“The EP Kings have in fact as early as August 2014 approached the LRU to transfer these 2 players but was informed by the LRU that the players will be kept to their contracts until 31 October 2015. The EP Kings insist that they were assured by the players’ agent Jaco du Plessis that the players have no binding contracts. These allegations are currently being investigated by the LRU with the intention to lay a formal complaint with Saru in due course.”

The Leopards Rugby Union say they have taken steps to ensure the duo cannot play for the Kings until the dispute has been sorted out.

“The background is that these 2 players were part of a group of 3 young players identified as early as 2012, while they were still under 19 players with whom contracts were signed until 31 October 2015.

“Right from the outset emphasis was placed on the players’ studies and was this always a priority with the LRU and the players. The players were also provided every opportunity to develop their professional careers and since October 2014 formed part of the Lions Super Rugby squad. Sylvian Mahuza was a favourite to be included in the final squad of the Lions.

“The LRU have already consulted with senior counsel in order to enforce their rights in terms of the contracts which will include arbitration and may entail an interim interdict to prevent the players from playing for any other union than the LRU. Their attorneys have been informed accordingly.”

The LRU did say that a “commercial solution” may be found to the impasse.

“However the LRU was approached by the EP Kings to consider a commercial solution and to release the players from their LRU contracts in order to be available for the EP Kings against payment of a transfer fee. These discussions are ongoing between the president of the LRU André May and the president of the EP Kings Cheeky Watson but there are certain fundamental principles which the LRU insist to be included in any final settlement agreement.

“We are confident that the matter will be resolved but there should be no doubt that if it is not resolved, we are willing to take the legal route. We believe that all role players, including unions, players and agents should take responsibility for their actions. If the agent transgressed the Saru code of conduct for agents we intend to formally lay a charge at Saru.” May said.

In its turn the EP Kings denied they had poached the players while they had valid contracts.

“EP Rugby can confirm that both Luther Obi and Sylvian Mahuza are currently at the EP Kings,” a statement from CEO Charl Crous said.

“When EP Rugby engaged with Obi and Mahuza via their agent, Jaco du Plessis, we were told that neither player had a valid players’ contract in place. EP Rugby acted in good faith and, based on the above, offered both players an opportunity to join the Kings ahead of the Vodacom Cup competition,” he said.

Crous said after their arrival in Nelson Mandela Bay, EP Rugby had been contacted by the Leopards, who raised concerns over Obi and Mahuza’s relocation.

“Our understanding is that there are matters between the players and the Leopards that need to be resolved,” Crous said.

“While we cannot comment on the nature of the dispute, we can confirm that we are engaging with the Leopards to see how we can assist in finding an amicable solution for all parties,” he said.

SARU have a code of conduct for agents but have been loathe to clamp down on such dealings in the past.

Du Plessis did not respond to requests for his side of the story.

SuperSport