The Commission for Conciliation, Mediation and Arbitration (CCMA) has ordered Black Leopards Football Club to pay their former goalkeeper, Mashudu Mamphitha, about a quarter of a million rand. This follows after the club lost their arbitration case against the player.

The arbitration hearing was held at Makhado Traffic Station on Tuesday, November 16. Black Leopards did not attend the hearing after their request for postponement was rejected by the commissioner, Mr Khutso Elias Mpai. The relationship between Mamphitha and Black Leopards turned sour in May this year. Mamphitha testified during the hearing that he was summoned to the club’s office by the team’s general manager, Mr Samuel Khaphathe, during May. According to him, Mr Khaphathe told him that his salary would be reduced, something which Mamphithe rejected.

Although Mamphitha and Khaphathe disagreed, his June and July salary payments were cut down by about R15 000.

According to his fixed contract with the club, Mamphitha was supposed to receive a monthly salary of R20 000. He proved to the commissioner that he was only paid R5 001-63 and R5 371-66 in June and July respectively. Mamphitha further testified that he was later phoned by a journalist, enquiring about his salary reduction and he confirmed that.

That irritated his employer and Mamphitha was subsequently charged with misconduct (talking to the media without the club’s consent). He was given a notice to appear before the club’s disciplinary hearing on August 22, this year.

It was testified that Mamphitha arrived at the scheduled venue for the hearing at about 09:00 and waited there until 16:00, when he left the place. He was later told that the disciplinary hearing had proceeded on the same date, in his absence, starting at 16:30. The following morning when he attended the team’s training session, Mamphitha was referred to the club’s office by the coach. That was where he was given a letter of dismissal.

Mamphitha felt that his dismissal was unfair and took the matter up with the CCMA.

“The respondent, Black Leopards Football Club, is hereby ordered to pay the applicant, Mashudu Mamphitha, the amount of R220 000, being the equivalent of the applicant’s eleven months salary (for the remaining part of his contract). The respondent is further ordered to pay the applicant the amount of R29 626-71, being the equivalent of the money that the respondent withheld on his salary for June and July 2010. Payment of the above amounts shall be effected on the applicant on or before 23 December 2010 at 11:00” reads an extract from the arbitration award.

In an interview with Mamphitha, he indicated that he was happy that justice had been done. In the meantime, Mamphitha’s legal representative, Mr Paul Makhavhu of Nkhume Makhavhu Attorneys, said that they were waiting for Black Leopards to pay their client in terms of the CCMA’s decision, failing which they would take the club to the labour court.

The general manager of the team, Mr Samuel Khaphathe, said that they were not going to pay Mamphitha the money awarded by the CCMA. He stated that they had not been accorded an opportunity to give their side of the story as the hearing had been held in their absence. He reiterated the fact that they were going to challenge the award in a court of law. He said that it was premature for Mamphitha and his legal representative to celebrate, as the war was still far from over.