Regulations Governing Player’s Agents in SA
(Promulgated on 8 October 1999 in compliance with Chapters I, III, IV and V of the FIFA Regulations Governing Players’ Agents and Art. 17, par. 2 of the Regulations governing the Application of the FIFA Statutes.)
- These regulations govern the activity of players’ agents who undertake the transfer of players from one club to another within the territory of the Republic of South Africa.
- General matters
- Players and clubs are entitled to use the services of an adviser to represent them or their interests in negotiations with other players or clubs. The adviser (hereafter named players’ agent) must be in possession of a license issued by SAFA (for all domestic transfers) or by FIFA (for international transfers).
- The players and clubs are not permitted to employ the services of a non-licensed agent (cf. Art 16 and 18).
- Par.2 is not applicable if a players’ agent is a close relative of the player or if the agent of a club or a player is a registered attorney in the territory of the Republic of South Africa.
- Granting the license
- Any natural person wishing to act as a players’ agent shall send a written request to this end to SAFA if he/she is legally domiciled in the territory of the Republic of South Africa. In the case of the applicant being a foreign national, such person must have been a resident of the Republic of South Africa for at least five years.
- The candidate shall enclose with his/her request a police certificate verifying that he/she has no criminal record, or a similar document confirming his/her good reputation.
- Only natural persons may apply for a license. Applications from companies or organizations are not admissible.
A request submitted by a candidate who has a criminal record or a bad reputation shall not be admissible.
- Exceptions may be made by the SAFA Legal & Constitutional Affairs Committee particularly in cases where the candidate can prove mitigating circumstances. The decisions for any such exceptions shall be final.
A person requesting a players’ agent’s license may not, under any circumstances, occupy a position with FIFA, CAF, a SAFA Region, a SAFA committee, a club or any organization connected with such bodies.
- SAFA shall have the sole right to decide if an application is admissible.
- If the request is admissible, the candidate concerned shall be called for a personal interview.
- An applicant whose application has been turned down, may apply to the SAFA Appeals Board, which will then make the final decision.
- The personal interview is intended to enable the Association to ascertain if the candidate:
(a) has adequate knowledge of football regulations (the statutes and regulations of SAFA, FIFA and of the confederations);
(b) has adequate knowledge of civil law (basic principles of natural law) and the law of obligations (contractual law).
(c) generally appears capable of advising a player or a club who calls on his services.
- SAFA shall be responsible for arranging the interview, subject to the following conditions:
(a) the interview shall be conducted by an official designated for this purpose by SAFA;
(b) a second representative of SAFA (who may be an elected member of a committee) is required to be present;
- SAFA shall issue a checklist to serve as a guideline for the officials on how to conduct the interview.
- SAFA is not entitled to charge expenses and/or a fee for conducting an interview.