| By Whatmore Kufa,
on June 14 2008 10:00
|
Favoured : 22 |
CAPS United
chairman and player agent Shepherd Bwanya has taken Premier Soccer
League giants Highlanders to court over non-payment of part of the
commission on the sale of Ralph Mathema to South African giants
Orlando Pirates last year.
According to court documents
presented to the High Court by, Bwanya’s lawyer Stewart
Nyamushaya, Highlanders only paid a commission of US$5 000 of the
US$15 000 that had been agreed on by the two clubs.
Efforts to recover the remaining US$10 000
by Bwanya have been in vain hence Bwanya’s decision to take
the matter to court.
However, Highlanders are arguing that the
$US5 000 they gave Bwanya is the 10% that is required to be paid as
commission by the exchange control policy.
“The exchange regulatory authority
under their reference GI12958 dated 23 August 2007 have advised as
follows:
The sale of a player is regarded as an
export in terms of Exchange Control Policy, therefore the proceeds
must be treated in terms of the current control market open market
disposal of 60% 0 40% requirement.
“Under the current Exchange control
Policy selling commission should not exceed 10%.”
“In the light of the above, the club
is supposed to remit USD20 000 (40% of USD50 000 sale price) and
retain USD30 000 (60% of the sale price).
“The club can only pay selling commission up to a
maximum of USD5 000 (10% of USD50 000) which the club can now only
pay USD2 000 since a payment of USD3 000 has already been remitted
under Exchange Control reference GI 6282 dated 13 March
2007,” said a letter to Highlanders from ZB
Bank.
However, Bwanya and
Highlanders entered into an agreement that was to see Bosso paying
USD15 000 as commission.
"According to a document signed by
Highlanders, “The club shall pay Shepherd a commission of
US$15 000 on a gross transfer fee of USD50 000.”
Matema, a prolific goal-scorer during his
stay at Highlanders was sold to Pirates last year in August.
The player has struggled to command a
regular jersey in the starting line-up and is a strong candidate to
be offloaded.
During his stay at Bosso, Matema, who is
popularly known as “Banolila” in soccer circles, formed
a telepathic combination with Obadiah Tarumbwa.
Tarumbwa is now based in Belgium where he
is turning out for Cercle Brugge. |