Times Of Swaziland: IF THEIR SALARIES REMAIN UNPAID: BIRDS, BULL

IF THEIR SALARIES REMAIN UNPAID: BIRDS, BULL
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Mengameli Mabuza on 13/12/2024 09:09:00


MBABANE - Capital city giants Mbabane Swallows and Mbabane Highlanders stand to
lose their players during the January registration period, if they fail to
resolve their financial challenges.
The reigning champions of the MTN Premier League have been enduring a tumultuous
period regarding their players’ salaries. It is alleged that players have gone
unpaid for the past two months, with their last payment received in September
being only half of their salaries. Swallows’ Acting President, Absalom
Ngwenya, has reportedly declared that the club has no funds to pay players.
Ngwenya purportedly made this statement during a hearing at the Conciliation
Mediation and Arbitration Commission (CMAC) offices last month. Meanwhile,
players from Mbabane Highlanders are facing a similar plight.
A petition signed by 19 players expresses their alleged suffering, claiming that
their salaries have frequently been delayed or not paid at all. According to the
International Federation of Association Football (FIFA) Articles 12bis and 14,
non-payment of a player’s salary or other amounts due within a specific
period, typically 30-60 days, or repeated failures to pay wages can be construed
as a breach of contract, with potentially significant consequences for both the
player and the club involved.
Entitled
The player may be legally entitled to pursue compensation for unpaid wages,
while the club may face disciplinary measures from FIFA or other governing
bodies, ranging from fines to potential expulsion from the league. Addressing
the issue of salary non-payment in professional football, the Football Union of
South Africa’s (FUSA) Secretary, Taelo Motloung, clarified FIFA’s position
on the matter during an interview yesterday.
“FIFA’s regulations are explicit when it comes to the importance of timely
payment of wages in football,” Motloung stated. Motloung went on to share
that, in terms of when a contract can be considered breached due to non-payment
of salary, FIFA’s rules offer some guidance: “Keep in mind that each case is
unique, and the specific circumstances surrounding the non-payment of salaries
will influence the outcome.” Addressing the recent concerns surrounding player
salaries at the club, Highlanders’ Managing Director (MD) Chief Ally Kgomongwe
stated that players may feel compelled to leave if the issue remains unresolved.
“In the unfortunate event that player wages are not paid, the players will be
left with no choice but to pursue other opportunities,” Kgomongwe declared. 
Further elaborating on the situation, Kgomongwe revealed that some members of
the Highlanders’ supporters had previously offered to assist with player
welfare, and now the club is awaiting their follow-through.
Support
“We have received assurances from certain supporters that they would be able
to support our players’ welfare,” Kgomongwe said. “Now is the time for
them to demonstrate this commitment and provide the necessary assistance to the
players.” Meanwhile, a player who chose to remain anonymous acknowledged his
newfound status as a free agent, but emphasised that he would carefully consider
his future plans before making any decision. “I am cognisant of my freedom to
explore other opportunities, but I will take the time to evaluate my options and
make a decision that is in the best interest of my career,” the player stated.
In an attempt to ameliorate the situation and demonstrate gratitude for the
players’ perseverance, despite unpaid salaries, both Mbabane Highlanders and
Swallows FC have distributed monetary tokens of appreciation. Last week,
‘Inkunzi Emnyama’ players received E50 000 from concerned supporters to be
shared among the players, while Umkhonto KaShaka players were given over E5 000
by their fans following a match against Royal Leopard, a sum that was also
divided among the players.
These gestures, while appreciated, are not considered a long-term solution, and
both clubs are actively seeking to resolve the salary payment issues. Despite
persistent attempts to contact Swallows FC’s Public Relations Officer (PRO),
Knowledge ‘Bambo’ Ngwenya, for comment on the current situation at the club,
the reporter had not received a response by the time this article was compiled
yesterday.
Significant
One prime example of a team that faced significant player departures due to a
failure to pay salaries is the case of Bolton Wanderers, an English football
club that suffered severe financial difficulties in the 2010s. Despite having
enjoyed a period of success in the Premier League earlier in the decade, the
team found itself struggling to stay afloat financially, with the mounting debt
ultimately leading to player wages going unpaid.