Mosimane left Sundowns because they asked him for reports: Ngcukaitobi

Pitso Mosimane did not leave Mamelodi Sundowns because he already had an offer from Al Ahly in 2020, but because he felt the club had violated his contract by asking him to present pre- and post-match reports, which was not in his contract.

This was presented to the South Gauteng High Court in Johannesburg on Tuesday by advocate Tembeka Ngcukaitobi in the case before judge Shanaaz Mia also involving MT Sports MD Moira Tlhagale, the wife and agent of Mosimane, and Sundowns. 

Ngcukaitobi, who represents Mosimane and Tlhagale, told the court Sundowns director Dr Rejoice Simelane lied when she told the court it was in Mosimane's contract that he would have to present pre-and-post-match reports to the club's board. 

“Mosimane was given an instruction by Dr Simelane and that instruction includes the instruction to submit match reports before and after every match. Now we know Mosimane objected to this,” said Ngcukaitobi in his chief arguments.

The case was adjourned before Ngcukaitobi concluded on Tuesday.

“He [Mosimane] objected to it on the basis that it was unrealistic and impractical. That is the approach he took, and we know it from the evidence of Dr Simelane. But we also know that from the contemporaneous correspondence that was sent [via email to Dr Simelane] by Mosimane at the time.

“You'll find this at 011/225, where Mosimane says: 'Good morning, Dr Rejoice, I've just found your email now after finishing work preparing for the game tomorrow against Lamontville Golden Arrows.'

"'As you can see the time of my email, time is not on my side and I will try to get a few hours of sleep and respond to your letter and I will also send you my team's programme for tomorrow and you'll understand the time frame is extremely difficult to balance.'

"'The preparation for the team goes with hectic schedules and training sessions, match analysis done with the team in relation to timing of match reports that the board has asked me to submit before 5pm. I will send you today's programme.'

“You can see, he [Mosimane] is caught in between instructions but he can't carry out the instruction because he had other demands as a coach. His objections were not about the contract, it was about the impossibility of being told to submit these reports before and after the matches in the context of what else that he has to do.”

Ngcukaitobi cross-examined Simelane about this, asking why she issued this instruction.

“Her excuse to me and to the court was that it was part and parcel of the contractual obligations of Mr Mosimane.

“Mosimane tells it: 'I'm writing to you [Simelane] at 5am. I didn't sleep and I am trying to prepare the club, and I've got another game tomorrow. I don't have time for this because there are so many things I have to do.'

“And you can expect that because what he's doing is responding in a layman's fashion saying, 'This is impossible instruction you're asking.'

“That email was common cause, and I put it to Dr Simelane, it was common cause that this put difficulties to the coach which is what they had to shift and give additional time [for]. But the important thing is: was this instruction part and parcel of the contract? Or did Dr Simelane lie about claiming that it was part of the contract?

“First, your lordship, you should remember it was impossible to extract a clear answer from Dr Simelane in cross-examination about to where in the contract she places this obligation. Ultimately, she purported to place it on clause 4.1 grade 8 which is at page 001/16. 

“We went through this several times and it was clear at the end of the examination that there's no requirement to submit pre- and post-match [reports] before and after every game. And so when Mosimane objected to it on the basis that it was impossible, it was a difficult job to do, he was correct. Not for the reasons he stated but also for contractual reasons.

“So we can conclude as lawyers that Sundowns violated terms of the contract of Pitso Mosimane by placing this obligation.” 

Ngcukaitobi said this was the reason for Mosimane resigning.

“Reason No 1, which has been established from the evidence, is Sundowns breached his terms of contract and made it impossible for him to do his work because this requirement was not only unreasonable but was also not part of this contract.”

The civil lawsuit started on Tuesday morning with Sundowns' senior counsel Vincent Maleka maintaining the club's case that MT Sports was obliged to repay the outstanding agent's commission from when Mosimane left Chloorkop for Al Ahly in 2020.

Sundowns are seeking to recover part of the R8.6m in agent's fees paid to MT Sports when the coach signed a new four-year contract at the end of the 2019-20 season — just two months before he tendered his resignation in September 2020.

The case will resume on Wednesday.