The case involves a dispute between Andriamirado Aro Hasina Andrianamimanana (the Player), Kaizer Chiefs FC, Fosa Juniors FC, and FIFA, adjudicated by the Court of Arbitration for Sport (CAS). The central issue was whether the Player had a valid professional contract with Fosa Juniors when he signed with Kaizer Chiefs. Fosa Juniors claimed the Player was under contract until 2020, while the Player and Kaizer Chiefs argued he was an amateur free to join another club. The CAS panel upheld FIFA's decision, ruling that the Player breached his contract with Fosa Juniors without just cause, making him and Kaizer Chiefs jointly liable for compensation. The panel confirmed the Player's professional status, citing his salary and benefits, which exceeded the minimum wage in Madagascar, and dismissed claims of forgery due to insufficient evidence.
The panel also upheld sporting sanctions under FIFA's Regulations on the Status and Transfer of Players (RSTP). The Player received a four-month playing ban, which the panel found did not violate his human rights as he could still train. Kaizer Chiefs was banned from registering new players for two consecutive periods, as they were presumed to have induced the breach under Article 17(4) of the RSTP. The panel rejected Kaizer Chiefs' argument of good faith, noting their failure to rebut the presumption of inducement and their awareness of potential contractual issues. The decision emphasized the importance of contractual stability in football and the need for clubs to exercise due diligence in player transfers.
The case highlighted procedural complexities, including disputes over evidence admissibility and delays due to the COVID-19 pandemic. The panel applied the standard of "comfortable satisfaction" to assess the evidence, concluding that Fosa Juniors had proven the existence of a valid contract. The Player's failure to attend the hearing and the lack of legal proceedings for forgery further weakened the appellants' case. The panel dismissed all appeals, reinforcing FIFA's original sanctions and underscoring the strict enforcement of contractual obligations in professional football. The ruling serves as a reminder of the consequences of breaching contracts and the responsibilities of clubs in player transfers. The CAS award, dated 27 October 2020, confirmed the FIFA DRC's decision in its entirety.