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The Zimbabwe Gazette Daily News Online

Friday
Sep 05th


Last Updated: August 15, 2008, 1:24 pm  ET

   
Home arrow Sports arrow FORMER CAP Bwanya takes Bosso to court
FORMER CAP Bwanya takes Bosso to court PDF Print E-mail
(1 vote)

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.




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