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FIFA warns Black Forest …

Publishing Date : 10 December, 2018


Struggling Premier League outfit Black Forest has been asked to pay their former Zimbabwean player Tonderai Nyakuba his outstanding dues or risk facing more stern fines.

The hard tackling defender had reported his contractual dispute with Black Forest to FIFA’s Dispute Resolution Chambers (DRC) on September 2018 that his club has failed to adhere to the contract signed. FIFA discovered that on the first of June 2016, both the player and the club agreed a two year contract. Tonderai’s monthly salary was P 5,500.However, it was discovered that just after the expiry of the contract, the player issued a document labeled ‘debt acknowledgement’ to his former club informing them that he is being owed monies in the region of P 32 900.

The player claimed that in January of 2018, the club failed to pay him the agreed monthly salary of P 5.500. Furthermore, the team continued to default on payments from February of this year until the contract lapsed in June. All this outstanding dues amounts to P32,900
When questioned about the claims of the player, the club only stated that it would try to find an amicable solution with the player and could not comment further about the matter in hand, FIFA said.

FIFA also stated that Black Forest failed to advance appropriate reasons on why they could not pay the player. It is why the DRC judge had no torrid time to reject Black Forest’s arguments. “In this regard, the DRC judge considered that the circumstances raised by the respondent cannot be considered a valid reason for non-payment of the monies claimed by the claimant. In other words, the reasons brought forward by the respondent in its defense do not exempt the respondent from its obligation to fulfill its contractual obligations towards the claimant,” part of the FIFA judgment reads.

Furthermore, FIFA observed that Black Forest had delayed a due payment for more than 30 days without a prima facie contractual basis. As Tonderai’s claim is accepted, FIFA has also asked the team to pay the player an interest of 5%p.a on each of the relevant payment as of the day following the day on which payments fell due, until the date of effective payment.

Tonderai Nyakuba becomes the second foreign player to drag a Botswana team before FIFA courts. Gaborone United (GU) early this year had to run helter skelter after Bismarck Appiah took them to FIFA. The team was nearly relegated after failing on numerous accounts to pay him his compensation fee. Black Forest which was founded in a tiny village of Mmankgodi gained automatic promotion to the elite league in 2016.



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