Kickoff (Cape Town)
2 December 2008
A battle of a new kind has emerged in South African football, that of professional club versus junior player, and it's been taken to the highest court.
Tawfeeq Salie (17) is a rare brave player who is willing to stand up and fight for his freedom.
Court papers have been served on Santos FC, the National Soccer League and Local Football Association of Mitchells Plain with regards to Salie, a junior player seeking his clearance so he can join a new club.
Salie is a highly-rated goalkeeper who wants to join Santos' Cape rivals Ajax Cape Town's academy.
He played for Santos' Under-17 team in the LFA (Local Football Association of Mitchells Plain) in the season ending September 2007. He decided in March 2008 that he wanted to leave.
But in June this year he was subjected to a Disciplinary Hearing and suspended for the season.
Being an amateur, Salie was within his rights to resign from his club, ask for his clearance and move. But the club never gave him his clearance.
An amateur's registration lasts for a year whereafter he is entitled to a clearance save in exceptional circumstances, which, according to Salie's lawyers, do not apply in his case.
Instead Salie was called into a club DH and placed under suspension for this past season ending September on charges of failing to attend training sessions and for participating for another club without permission from Santos.
Salie's suspension was up in September 2008, and after missing a year of competitive football, he wanted to quickly get on with his development and move to Ajax. But still he was not issued his clearance, which is the key document to allow him to move clubs and register for his next team.
Now in December, some two months after the end of his suspension, Salie and his parents have asked the court to protect his fundamental sporting rights.
He seeks to protect his right to equality, dignity, freedom to choose his occupation, freedom of movement, administrative justice and protection from degradation.
Salie has appealed to the court to help save his career, as he believes every wasted moment during his teenagehood is precious development time.
In Salie's affidavit, reference is made to the Coetzee Ruling of 2001, which gave professional players the right to leave their club and move on at the end of their contract.
As an amateur, Salie believes his right to move at the end of a year has been infringed upon. He believes the Safa constitution and rules clearly state that a clearance must be given to him.
KickOff.com will continue to update readers on the case. Parents who have experienced similar predicaments are invited to send their issues to Kick Off and we will do our best to assist and direct your concerns to people who can help.
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