Botha’s contractual bungle set to explode

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.Lions_Soutie: Reply to this comment
    1 Apr 2008, 06:48 am

    Bakkies is a big scary dragon..

  • 2.CoachPete: Reply to this comment
    1 Apr 2008, 06:48 am

    No escape clause in his contract? Everyone has an escape clause.

  • 3.Cheetha Champs: Reply to this comment
    1 Apr 2008, 06:49 am

    This is like a really bad, really drawn out April Fools joke…. Bulls have first right to Bakkies, and Toulon can now only sue Bakkies for misrepresentation…. Good luck with that

  • 4.jb: Reply to this comment
    1 Apr 2008, 06:49 am

    echos of Joost
    Not clever Bakkies; you lose credibility.

  • 5.CoachPete: Reply to this comment
    1 Apr 2008, 06:51 am

    Bakkies get a new agent.

  • 6.Loosehead: Reply to this comment
    1 Apr 2008, 06:52 am

    Stupid Bakkies, really really stupid.

  • 7.Loosehead: Reply to this comment
    1 Apr 2008, 06:55 am

    Did anyone watch Superrugby [met Kobus, Josst en Bretie] last night? Joost of all people telling the audience about honesty and loyalty. Does he not remember reneging on his contract to play in Wales?

  • 8.King Shark: Reply to this comment
    1 Apr 2008, 07:05 am

    Bakkies keeps on buggering around – first he wanted to join the sharks (thank goodness the bulls retained him) now Toulon.

    All I know, is that he is going to be a very poor man after either the Bulls or Toulon has sued him.

  • 9.BiltongBoer: Reply to this comment
    1 Apr 2008, 07:08 am

    “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.” – hehehe at least that made me laugh so early on a freakin’ Tuesday.

  • 10.jb: Reply to this comment
    1 Apr 2008, 07:14 am

    Mourad Boudjellal does not appear to be one to mess with judging from the article in the SA rugby mag on Vic

  • 11.Koos: Reply to this comment
    1 Apr 2008, 07:16 am

    Ja jb, with a name like Moerhard, what do you expect!

  • 12.BiltongBoer: Reply to this comment
    1 Apr 2008, 07:22 am

    Top form vanoggend, Koos??

  • 13.THE MAULER: Reply to this comment
    1 Apr 2008, 07:24 am

    I saw Bakkies in the movie Jumper.

  • 14.RedLion: Reply to this comment
    1 Apr 2008, 07:26 am

    Botha signed a cotract to join them on April 1.

    April tool Ryan.

  • 15.Koos: Reply to this comment
    1 Apr 2008, 07:26 am

    Its been a long day BiltongB…

  • 16.BiltongBoer: Reply to this comment
    1 Apr 2008, 07:27 am

    Don’t worry guys, Bakkies read a book about Houdini.

  • 17.hdp: Reply to this comment
    1 Apr 2008, 07:31 am

    April 1?

  • 18.hdp: Reply to this comment
    1 Apr 2008, 07:32 am

    April 1!

  • 19.wernergreeff fanclub membership 1: Reply to this comment
    1 Apr 2008, 07:35 am

    Ek skat Mnr Habana moet seker die skuld vat hiervoor. En nou le hy ‘n hinderlaag. Hy le laag en hinder niemand nie.

  • 20.Gerald Cloete: Reply to this comment
    1 Apr 2008, 07:40 am

    Bernie Habana has bitten off more than he can chew…As the players agent he has clearly advised Bakkies incorrectly. Both he and Bakkies must take responsibility for there actions..

  • 21.Komodo: Reply to this comment
    1 Apr 2008, 07:47 am

    This french club has no real teeth, its the 3rd time they have threatened a deadline for bakkies to be there and that he will have legal action brought against him.

  • 22.ansie: Reply to this comment
    1 Apr 2008, 07:52 am

    If this is not yet another April Fool’s joke, then there can be only one reason; kyk vir Bakkies – nie ‘n ou met wie jy kak soek nie, maar ook geen Rhodes Scholar. Poor guy wouldn’t know which was was up when it comes to contracts.

  • 23.pompa: Reply to this comment
    1 Apr 2008, 08:00 am

    Bakkies sou slegs oorsee gegaan het as die Bulls bereid was om hom te laat gaan, dit is n klousule in die sogenaamde kontrak wat Toulon met hom het.

  • 24.berg_bok: Reply to this comment
    1 Apr 2008, 08:07 am

    Am I the only one reading PRE-contract? To me, this means less binding then a contract. It should do know more then represent an INTENT to sign. But I am no legal expert. Seems like a storm in a teacup to me. Or perhaps a bull in a china shop.

  • 25.katman: Reply to this comment
    1 Apr 2008, 08:26 am

    Sounds like Bakkies and his agent’s eyes lit up like a kid in a candy store when Toulon flashed the cash.

    His agent turned to him and said “I got the brains, you got the looks. Let’s make lots of money.” Sadly he was wrong on both accounts.

    Now that 4-year financial security contract with the Bulls may just about cover his sued ***.

  • 26.SA-Eddie: Reply to this comment
    1 Apr 2008, 08:30 am

    Im thinking April fools joke here…..

  • 27.eight ball: Reply to this comment
    1 Apr 2008, 08:39 am

    23 Berg Bok

    Yeah, you and I both! pre contract is like a heads of agreement, it outlines the basics of the intent of a formal agreement but is hardly a basis for a successful law suite.

    Good luck to them…

  • 28.Werner: Reply to this comment
    1 Apr 2008, 08:43 am

    Common ppl, really, how can anyone fall for this – TODAY???

  • 29.whatever: Reply to this comment
    1 Apr 2008, 08:57 am

    hmmmmmmmmmmmmmm????? Not believing anything today!

  • 30.Tripple E: Reply to this comment
    1 Apr 2008, 08:58 am

    me either!!!!!! from the sublime to the ridiculous

  • 31.goodstuff: Reply to this comment
    1 Apr 2008, 08:59 am

    Bernie Habana is a smuck, how could he let his client do something this stupid. Worst manager in the world, next to Big Joe’s mom!!!! LOL!

  • 32.Tripple E: Reply to this comment
    1 Apr 2008, 09:01 am

    was apparently an article in some or other fishing mag saying that the govt is now going to force yout o pay a R1200 per fishing rod levy to help eksdom and for the petrol hike etc etc, my father in law was livid, failed to notice that at the bottom of the article in fine print it was stated that it was an Aprils Fool joke…..hehehehe

  • 33.goodstuff: Reply to this comment
    1 Apr 2008, 09:03 am

    This Moerhard is a guy who mostly gets wat he wants, sounds like a jackass to work for!!!

  • 34.King Shark: Reply to this comment
    1 Apr 2008, 09:04 am

    LOL EEE!

    Bernie is not the greatest agent around is he… Keeps trying to move his players to higher paying clubs/franchises. He must be desperate for his commission.

  • 35.ruck: Reply to this comment
    1 Apr 2008, 09:06 am

    I think its about time the players agents are brought to task….

  • 36.Blou Baard Pastei: Reply to this comment
    1 Apr 2008, 09:08 am

    Hmmm…

  • 37.Biscuit: Reply to this comment
    1 Apr 2008, 09:09 am

    Would be a dumb April Fool’s if it was one because most of it has been reported before. The only bit I have not seen is the bit about the Frog owner showing the contract to the press..

    Of course no-one has seen the contract content. If however it had no escape clauses or it was not conditional upon his Bulls release then I hope someone takes him to the cleaners for being unethical or stupid (whichever applies).

    I will not be too fast in blaming Bernie Habana. Right now we don’t even know whether Bernie advised Bakkies to sign or whether Bakkies signed after a rush of blood away from the brain.

    If Bernie approved the contract and if it is what the Frog says it is then he is equally to blame. However Bakkies still needs to take responsibility.

  • 38.Biscuit: Reply to this comment
    1 Apr 2008, 09:15 am

    Komodo,

    “his french club has no real teeth, its the 3rd time they have threatened a deadline for bakkies to be there and that he will have legal action brought against him.”

    Not true.
    Threats – Thats all they can do until tomorrow. Bakkies had until today to show up. They can only sue when he fails to show up.

  • 39.2inchstuds: Reply to this comment
    1 Apr 2008, 09:20 am

    who’s playing the fool?

  • 40.billy: Reply to this comment
    1 Apr 2008, 09:23 am

    Not very bright move by Bakkies. Although he is a Bull…

  • 41.4man: Reply to this comment
    1 Apr 2008, 09:30 am

    The more i read and hear about this…the more I think Bernie Habana is not a very good agent. What advice did he give Bakkies? Someone should ask him the question (when he starts talking). He also looks after Bryans contract and a few others. Someone should have a word with those players about who should be managing them!!

  • 42.pommie: Reply to this comment
    1 Apr 2008, 09:54 am

    He will need many bakkies to get to Toulon. His cash or agent aint gonna get him there.

  • 43.greatest13gerber: Reply to this comment
    1 Apr 2008, 10:07 am

    Jantjes??…don’t think so. Rather have Pienaar there

  • 44.KWAGGA ROBERTSE: Reply to this comment
    1 Apr 2008, 10:10 am

    Not very bright move by Bakkies. Although he is a Bull…

    Comment by billy : April 1, 2008 @ 9:23 am

    Wow how original. What a legend you are…… :roll:

  • 45.whatever: Reply to this comment
    1 Apr 2008, 10:16 am

    Gerber, sorry boet but you and I are clashing today !! Pienaar is way off the pace, Kockott performing better than him right now. I think that skunks post is spot on. Thats who I would have in my back 3 (or 4) without a doubt!!

  • 46.greatest13gerber: Reply to this comment
    1 Apr 2008, 10:21 am

    #46 oh, forgot about Kocokett..the form SA halfback. But will he get picked ahead of Ricky?

    I would like to think so

  • 47.greatest13gerber: Reply to this comment
    1 Apr 2008, 10:23 am

    Ricky
    Krockett
    Pienaar (utility)

    I think all warant selection.

  • 48.Judge: Reply to this comment
    1 Apr 2008, 10:51 am

    Bernie Habana is die ware vark in die verhaal.

    The man is not credited by SARU. Why is he still allowed to operate.

  • 49.leeanthonyw: Reply to this comment
    1 Apr 2008, 10:59 am

    Not a very bright chap is Botha!!!

  • 50.Pietman: Reply to this comment
    1 Apr 2008, 11:01 am

    Nou wat het van die eerste thread geword…?

    Play ball,
    Ek was nog besig om met jou te praat, toe verdwyn alles net.

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