Botha’s contractual bungle set to explode
1 Apr 2008
Bakkies Botha’s transfer saga continues to get more twisted, with both the Bulls and Toulon laying claim to him.
Botha is one of a number of elite players targeted by the French second division club, who already own Botha’s Springbok lock partner Victor Matfield, legendary Australia scrumhalf George Gregan, All Blacks Anton Oliver and Andrew Mehrtens, while All Blacks great Tana Umaga coaches the galaxy of stars.
When keo.co.za spoke to millionaire Toulon president Mourad Boudjellal on a recent visit to the club, he explained that Botha had signed a pre-contract with them, and would join on 1 April. He said the document indicated Botha’s intent to sign an official contract but explained that Botha was now legally obligated to join the club.
The Bulls, however, refused to release the player, despite his request, citing the fact that he was bound to the franchise by a four year contract he signed in late 2007.
This website has learned that Boudjellal last week showed the Toulon media the contract with Botha’s signature on the dotted line. Boudjellal insisted that they would secure Botha’s services irrespective of the Bulls’ assertions to the contrary.
If Botha failed to arrive on the specified date, Boudjellal said the club would proceed with legal action against the player. As it stands Botha is with the Bulls in Perth preparing for their Super 14 match against the Force. Unless the lock has developed a supernatural ability to teleport himself across the world, he is unlikely to show up for work in the south of France.
Toulon claim they have sent a copy of the signed contract to the South African Rugby Union [Saru]. However, Saru general manager of policy and regulations, Christo Ferreira, insists he has not received anything of the sort – but explained that manager of national teams Andy Marinos may be in possession of the document. Marinos asked to be contacted later on Tuesday, but would neither confirm or deny having received the contract.
“If the two parties are looking for mediation on the matter, the IRB usually deals with that. But Saru may intervene if they are requested to [by the IRB] although that hasn’t been the case to date,” Ferreira told keo.co.za.
Botha’s agent, Bernie Habana, failed to respond to questions around where the process stood, while Bulls CEO Barend van Graan was vehemently opposed to discussing the matter. “Please don’t ask me about Bakkies. I’m not talking about that. No comment,” Van Graan barked.
As it stands both the Bulls and Toulon have a contract with Botha, and Toulon will feel they have a watertight case should they opt to take legal action. The Bulls won’t relent on their position that the player has committed to them for the next four years, so the battle could get even messier in the coming weeks.
How Botha got himself into this situation is perplexing. He has no escape clause in his Bulls contract. In fact, he requested a long-term contract from the Bulls so that he would have financial security. Yet he, or his agent acting on his behalf, felt it appropriate to sign a legally bonding document with Toulon and he now finds himself in the middle of a brutal battle.
By Ryan Vrede
441 Comments
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1 Apr 2008, 16:42 pm
i am outta here cheers all!
1 Apr 2008, 16:42 pm
GBS
Won’t be surprised if he is granted asylum in SA…
Probably be bestowed with a doctorate or two, like that other mad dog from Haiiti.
We spent R10m for Thabo to go see him that time in Port Whatever, I recall…
1 Apr 2008, 16:43 pm
Pietman
If we ever meet up or if there is drastic change in Zim…I will tell you of the encounter I had with him and some of his henchmen.
1 Apr 2008, 16:43 pm
Cheers Ranger
Let’s chill a while and see what happens in the morning.
1 Apr 2008, 16:44 pm
Walla,
Did you pee on the wrong bush in Zim?
Hehehehe
1 Apr 2008, 16:46 pm
Walla
yeah, I gathered as much over the past two years, that you had some dealings there in Zim.
Well, perhaps in September, instead of CT we can go to the Falls, would be nice.
But then Bob has to go, I don’t trust myself near that ape.
1 Apr 2008, 16:47 pm
Off to gym boys…..I leave you with my final thought for the day….I AM A STORMER…AND BOB MUGABE MUST BE EXTERMINATED….Have a good evening all.
1 Apr 2008, 16:49 pm
GBS
I crapped on the wrong toes….it was a huge dump!
1 Apr 2008, 16:52 pm
bed time
cheers Pietman, gbs and da boys and girls.
1 Apr 2008, 16:52 pm
Walla,
Did the henchmen manhandle you, jail you, throw you out of Zim?
You’re lucky you did not just vanish like so many others….
1 Apr 2008, 16:53 pm
AB
Jameson raid wasnt the English, it was Rhodes and his henchmen, Rhodes was Prime Minister of the Cape at that stage. Granted it was a subterfuge that was supported by the English, which ultimately led to the end of the ZAR after the war. So Saffas had no particular love for the Rhodesians (well a certain section anyway). The fact is, South Africa has stood by and watched the country to the north of us go down the tubes twice. I dont agree with it, just stating facts.
1 Apr 2008, 16:54 pm
GBS/Walla
Yes, I also have to be out now.
Will reccee the situation again at daybreak.
Mooi loop.
1 Apr 2008, 16:56 pm
Pieta,
Hou daai N-Koreane in check…. laat hulle hulle gedra !
1 Apr 2008, 16:57 pm
marlinspike
So the Prime Minister of the British Colony is not representing them?
So you call Zimbabwe becoming a democratic country going down the tubes? Mugabe only lost it much later!
1 Apr 2008, 16:57 pm
GBS
Faaaaaaaark, ek het nou so baie plekke waar ek moet check, moet nog n paar pennies ook maak so tussen alles deur!
Sien jou.
1 Apr 2008, 17:09 pm
Piet, GBS and manne
I picked this up and I am reading other stories that seem to back this up…..
”
Mugabe is negotiating with Tsvangirai, amid signs that he maybe prepared to resign, according to the New York Times.
Mugabe has opted for a possible transfer of power because he regards a run-off as demeaning, a diplomatic source told the paper.
If true this would be a “stunning turnabout”, as the paper says.
“Hurray for Zimbabwe!! Best news in a long time”, says EBain on Twitter (thanks for the tip).
The NYT quotes local insider John Makumbe saying: “The chiefs of staff are talking to Morgan and are trying to put into place transitional structures.”
It should be pointed out that Makumbe has suggested before that Mugabe is on his way out. In 2006 he told the New Yorker that Mugabe had run out of solutions. “
1 Apr 2008, 17:12 pm
#414 AB
My comment was a philosophical one. the same thing has happened twice to the same country while its neighbour stood by and watched. Rhodes was acting for the BSA company, as the country which became known as Rhodesia had been given to the British South Africa company to run by decree (first time in history by the way, the Dutch East India co was slightly different, as they ran Holland aswell). I am not sure in my own mind whether democracy is the best way forward, maybe it is, but their is no accounting for evil men of which Mugabe is one. Classic case of absolute power corrupts absolutely. the man started political life as a minister of the church, who used Marxist Russia, professing to be a Marxist, to ultimatly set up a dictatorship. It is arguable the in this case should the minority have remained in power it probably would have been better for the country ultimately. I have no doubt in my mind that the true culprit is Imperial Britain, which abandoned its policies of Imperialism and left most of the colonies in chaos. i doubt anyone would win a court case against them in Geneva though, besides the fact that money would have to be found and most of the maligned people are now geriatrics.
1 Apr 2008, 17:15 pm
marlinspike
1 Apr 2008, 17:15 pm
#416 Wallabie
Interesting news.
The Generals are yet to have their say….I say watch for the coup, its a strong possibility.
1 Apr 2008, 17:22 pm
This Zim thing is balancing on a knife-edge…
Hope this thing is peacefully resolved with the MDC taking over…
1 Apr 2008, 17:29 pm
My vraag: hoekom het die big US of A of Brittanje of Frankryk of wie ookal nie lankal Zim ingeval nie … is dit dalk omdat hy ‘black en beautiful’ is, en nie ‘wit en lelik’ is nie ?
Of is daar nie genoeg olie in Zim om ‘n ‘heilige oorlog’ te verklaar daarteen, soos teen Irak nie ?
1 Apr 2008, 17:29 pm
If Bothas’ contract does explode, does he have to clean up the mess?
1 Apr 2008, 17:30 pm
OCO, dit is 1 April
1 Apr 2008, 17:32 pm
#421 Alf
Its the lack of oil in my opinion.
Although some press in the UK has been saying that the USA were about to intervene in Zim. Maybe this is why Mugabe is ready to stand down.
1 Apr 2008, 17:32 pm
Alf,
Good to see ya. The Us of A is only interested if there is an economic benefit. In other words, if the equation (monetary benefits – cost of invasion) is positive then the dumb yanks will intervene.
1 Apr 2008, 17:34 pm
Alf #423,
I was an hour ahead of you on that! Mind you, every day here in the ME is 1st April!
1 Apr 2008, 17:36 pm
marlin
It is becoming less of that.
Some security officials are concerned that the vote against Mugabe was too big that a popular uprising is inevitable if Mugabe announced victory.
Mugabe has been persuaded at least to delay this or not to do it at all.
The delay in results I believe is that Mugabe is in negotiation with MDC and to prevent party factions from fighting..this is why we are seeing even results being announced.
I have hope for Zimbabwe…I hope this all pans out according to what media reports are saying.
MDC has kept there lines of communication open with moderate zanu pf party members and more importantly the most influential man to the defence…Solomon Mujuru.
Solomon headed up the army whilst fighting in the liberation war and so has immense respect from the military.
Morgan approached him so he could open up communication with the military which is a direct indication that support for Mugabe is severely waning and Mugabe is beginning to realise this.
1 Apr 2008, 17:40 pm
#427 Wallabie
From your lips to Gods ears.
1 Apr 2008, 17:42 pm
Signing off.
Enjoy your evening morning etc wherever you may be, its a bright sunny day in London today, and the Sharks are going to kick arse this weekend.
1 Apr 2008, 17:59 pm
Could this article be about trying to embarrass Bernie Habana and thereby boost a player-agency based in the Cape?
In fairness though – this does sound like bit of a ****-up.
1 Apr 2008, 18:10 pm
Train,
I doubt whether “the Player Agency” in Cape Town has anything to do with this….. Bernie is his own worst enemy, not having been accredited as Player Agent with SARU yet.
I think nothing will come from the threats of Toulon…..
1 Apr 2008, 19:16 pm
Wallabie,
RM is still investigating whether he would be elligible to run for president in SA – first choice – or the cost of being put into suspended animation to await his next ‘coming’.
1 Apr 2008, 19:44 pm
Bakkies is overrated anyway. a world class player does NOT ONLY shine when the team is winning and dominating….ala Bakkies. They show there class when the team is doing poorly too. Somneone like Latham always shows his class and his danger…always. Vic shows his class. Breyton used to in his 1999 to 2002 era and Andre Joubert etc … when they got the ball you just felt like atleast they would do the best thing or get the team on the front foot again.
Bakkies just disappears ! Far too often.How many lineout steals this S14 ?
1 Apr 2008, 20:11 pm
Thanks GBS – do you know how many players Bernie looks after?
1 Apr 2008, 20:22 pm
Train,
Not sure, I know he is supposedly the Agent for Meisiekind, Bakkies, Bryan
An un-accredited Agent is only allowed to act if he is family…… like Bernie with his son, Bryan
1 Apr 2008, 23:25 pm
Bakkies would not have agreed to something which he cannot deliver on – there would always have to be suspensive conditions in teh contract (i.e. only IF he can get out of the other contract with eth Bulls,then he agrees to join Toulon). No self respecting agent would ever agree to anything else.
There is no way that Toulon can “enforce” a contract like that with a suspensive agreement. Sounds Like toulon are blowing a lot of smoke.
1 Apr 2008, 23:40 pm
Hi there.
To everyone thinking this is an april’s fools, believe me: it’s not.
I’ve personnally seen the press conference where M Boudjellal shows briefly the signed paper and says that he will sue Bakkies if he doesn’t show up on April’s 1st.
We’ll see how it goes although i doubt it’ll go well for us (Toulon). Bakkies will probably remain in SA and it might be for the best. We’ll be able to recruit second rows that are more interested into committing into the club than into their paychecks.
2 Apr 2008, 02:16 am
If Bakkies just gets up and leaves to play for Toulon, it will be a breech of contract with SA rugby and Bulls, so his boks days will be over. IMO.
2 Apr 2008, 08:22 am
Hi Romain,
I have one question.
Firstly no-one is denying that Botha signed a contract.
However it has been mentioned on this blog (by GBS I think) that there is a suspensive condition on the contract. The suspensive condition is apparently that the Bulls release him from his current contract.
If this is true then the suspensive condition has not been met and the contract is unenforceable by Toulon.
Any more info?
2 Apr 2008, 14:36 pm
I’m afraid i don’t know much of the details, just what M Boudjellal said to the press and a few things they’ve said independently.
Botha was thought to have a contractual release clause with the Bulls and he was supposed to be quite interested in leaving. He signed a precontract and we were merrily waiting for him to come when SARU and the Bulls said there was no such thing. It came a bit as a shock, it means someone’s lying between SARU/Bulls and Bernie Habana. Personnally i have lots of doubts on Bernie Habana, he’s already made talks for Bryan and Wynand Olivier with french club Aviron Bayonnais will both of them had contracts running with the Bulls until 2009, i remember the president of Aviron Bayonnais being quite confident as well, we even saw both players in Bayonne with a scarf of the team on their shoulders at the stadium. I don’t need to tell you that these players still do not play for Aviron Bayonnais. I’m afraid the same is happening again and Bernie Habana made talks while it was impossible for Bakkies to leave SA.
2 Apr 2008, 22:40 pm
Maybe Mr Habana needs a course in contract reading 101.
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