Mazembe: An amicable agreement to avoid a trial and sanctions
In the world of football, disputes between players and clubs are commonplace. Unfortunately, some cases can result in costly litigation and sanctions for the clubs involved. This is precisely what TP Mazembe, a Congolese football club, sought to escape by finding an amicable agreement with two of its former players, Ismaël Ganiyu and Youssifou Atte.
In August this year, the Court of Arbitration for Sport (CAS) upheld Mazembe’s conviction by FIFA’s Dispute Resolution Chamber for breaching the terms of the employment contracts with the two players. Faced with this delicate situation, the club hastened to find a solution to avoid other legal problems and the possible sanctions that could result from it.
Last Tuesday, Mazembe announced the termination of the contracts of its two former players, Ismaël Ganiyu and Youssifou Atte, through a transactional agreement. According to the club’s press release, an agreement has been reached with Ismail Abdul Ganiyu to put an end to any legal action on his part as well as the club before the sports authorities. The Ghanaian defender and TP Mazembe therefore part ways by mutual agreement.
As for Youssifou Atte, an amicable agreement was reached to terminate his contract. The Togolese player left Lubumbashi to return to Lomé in August. This termination of the contract ends a contractual dispute which could have led to legal complications for the club.
According to the international football players’ union, FifPro, the two players had signed a five-year employment contract in January 2021. However, upon their arrival, they suffered a reduction in their wages, which was considered a violation of the contract by Mazembe. The players subsequently refused to sign an abusively worded contract termination, which led to tensions between the parties.
Faced with these events, the players repeatedly asked TP Mazembe to respect their contractual obligations, but their requests remained unanswered. This contractual impasse was ultimately resolved through negotiations and an amicable settlement.
By avoiding a potential trial and the sanctions that could have resulted from it, TP Mazembe managed to find a favorable outcome to this case. However, it also raises questions about the contractual practices of football clubs and the need to protect players’ rights.
In an environment where disputes are commonplace, it is important that players and clubs work together to resolve their disputes in a fair and respectful manner. This not only avoids unnecessary tensions, but also maintains the integrity and reputation of football in general.