Decis ion of the Dis pute Res olution Cham ber - FIFA

 
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Decis ion of the
                Dis pute Res olution Cham ber

                passed in Zurich, Switzerland, on 5 December 2019,

                          in the following composition:

Geoff Thom ps on (England), Chairman
Alex andra Góm ez Bruinew oud (Uruguay ), member
S tijn Boey kens (Belgium ), member
S tefano La Porta (Italy ), member
Abu Nay eem S hohag (Banglades h), member

                       on the claim presented by the club,

Fos a Juniors FC, Madagascar,
represented by Mr Patrice van Oostaijen
                                                                as Claimant

                                 against the player,

Andriam irado Aro Has ina Andrianarimanana, Madagascar

                                                                as Respondent I

                                   and the club,

Kaizer Chiefs FC, South Africa
                                                                as Respondent II

                    regarding an employment-related dispute
                           arisen between the parties
I.     Facts of the cas e

  1.   According to the club Fosa Juniors Fc (hereinafter: the Claimant or Fosa), on 1
       November 2016, the player Andriamirado Aro Hasina Andrianarimanana
       (hereinafter: the Respondent I or the player) and Fosa signed an employment
       contract (hereinafter: the contract), valid as from the date of signature until 31
       October 2020. The contract was entitled “contrat de joueur professionnel”.

  2.   In accordance with the contract, the player was entitled to the following
       remuneration:
        Malagasy Ariary (MGA) 1,500,000 gross as monthly salary, payable at the end
          of each month;
        An apartment, transportation, food, sports equipment, provided by the club.

  3.    Art. 8 of the contract provided that “in case of serious misconduct of the player,
        the club may terminate this contract without notice at any time by means of a
        simple notification.
        The club reserves the right to claim damages and interest as well as to appeal to
        any other national or international jurisdiction, within the framework of the
        settlement of a dispute involving the player, or a fault of the player, or more
        generally for any breach of the obligations related to this contract.
        The contract negotiation or the non-renewal of the contract has its due term by
        the signature of a contract with another club gives rise to the payment of a
        termination indemnity in favor of the club”.

  4.   On 7 June 2018, the player and the club Kaizer Chiefs FC (hereinafter: the
       Respondent II or Kaizer Chiefs) signed a proposal (hereinafter: the proposal) for
       the player to join Kaizer Chiefs, “for a duration of 2 years plus 1 year in
       option”, with a remuneration of :
        South African Rand (ZAR) 60,000 “from 1 July 2018 to 30 June 2019”,
        ZAR 65,000 “from 1 July 2019 to 30 June 2020” and
        ZAR 70,000 “from 1 July 2020 to 30 June 2021- option”
        ZAR 10,000 per month as accommodation
        “image & autograph rights: the club shall pay for the services of the player an
          amount of ZAR 960,000 for the duration of the contract as follows:
           - ZAR 280,000 on or before 31 July 2018;
           - ZAR 320,000 on or before 31 July 2019;
           - ZAR 360,000 on or before 31 July 2020 – Option”.

  5.   On 15 and 29 June 2018, Fosa contacted Kaizer Chiefs via email, informing it
       that it was aware of its interest in the player’s services, but that Kaizer Chiefs
       should contact Fosa directly since the player had a professional contract with
       Fosa.

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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6.   In reply to the emails of Fosa, on 29 June 2018, Kaizer Chiefs replied that the
       player informed it that he was an amateur player, free of any professional
       contract. Kaizer Chiefs informed Fosa that the player had agreed and signed the
       proposal of Kaizer Chiefs on 1 July 2018. Kaizer Chiefs explained that “the
       premier league football in Madagascar is not a professional league and that the
       clubs are playing with an amateur status”.

  7.   On 4 July 2018, Kaizer Chiefs contacted Fosa and made the following offer
       (hereinafter: the offer) to Fosa “after consultation with our Board of Directors
       and Football Manager the compensation offered to Fosa Juniors Fc is USD
       25,000. Thrusting you will accept our offer for which we wish to thank you in
       anticipation”.

  8.   In reply to the offer, Fosa declined the offer as it «is far below the expectation
       of our Board of Directors”.

  9.   On 7 August 2018, the player and Kaizer Chiefs signed an employment contract
       (hereinafter: the new contract) valid as from 1 July 2018 until 30 June 2021
       according to which he was entitled to the remuneration provided in the
       proposal (cf. par. 4 above).

  10. According to the information currently available in the Transfer Matching
      System (TMS), on 14 August 2018, the South African Football Association (SAFA)
      requested the ITC from the Fédération Malagasy de Football (FMF), which was
      rejected by the FMF under the explanation that “there has been no mutual
      agreement regarding early termination of the employment contract between
      the former club and the professional player”.

  11. Still according to the information currently available in the TMS, on 12
      September 2018, the Single Judge of the Players’ Status Committee passed a
      decision authorizing the provisional registration of the player with Kaizer
      Chiefs.

  12. On 11 December 2018, Fosa lodged a claim in front of FIFA against the player
      and Kaizer Chiefs for breach of contract, requesting the total amount of EUR
      150,000, plus 5% interest “as from the abovementioned amount is due”,
      corresponding to:
       EUR 61,000 as the average between the remuneration due until the expiry of
         the contract and the remuneration due under the new contract, which Fosa
         calculated as follows:
           a) MGA 82,000,000 which it corresponded to EUR 21,000, as residual value
              of the contract between 1 July 2018 until 31 October 2020. Fosa based

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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its calculation on the assumption that the player received from the club
              on a monthly basis approximatively MGA 3,000,000 including in that
              amount salary, various bonuses, the costs for the apartment,
              equipment, internet, transportation, “pocket money”, sports insurance;
           b) EUR 100,000, from a conversion of ZAR 1,578,330 as “the remuneration
              under the new contract […] based on the proposal”;
        Compensation due to the specificity of sport;
        Sporting sanctions to be imposed on the player and Kaizer Chiefs;
        Legal fees reimbursement.

  13. The player further requested the imposition of sporting sanctions against the
      club.

  14. According to Fosa, the player was registered with the same club as a
      professional as from April 2016 until 14 March 2018 and also played for the
      national team of Madagascar.

  15. Moreover, Fosa considered that the player was a professional player with an
      employment contract and that therefore, by leaving the club and signing
      another contract with another club, he breached the contract.

  16. Furthermore, Fosa explained that in accordance with CAS jurisprudence, in
      order to assess the remuneration of a player, not only the salary had to be
      taken into account but also bonuses, rights such as holidays, accommodation
      expenses.

  17. Fosa also stated that the player participated in 77 out of 95 matches with Fosa
      under his contract, and played CAF confederations matches.

  18. Finally, Fosa maintained that it received an offer from Kaizer Chiefs for the
      services of the player of an amount of EUR 25,000 (cf. point 7 above), which it
      considered meant that Kaizer Chiefs recognized the status of the player as a
      professional.

  19. In reply to the claim of Fosa, the player denied having signed an employment
      contract with Fosa and claimed that the signature on the contract was forged.

  20. Moreover, the player denied that Fosa paid for any of his expenses beside his
      salary and argued that he was not paid more than the expenses he incurred for
      playing football.

  21. In its reply, Kaizer Chiefs argued that the proposal was signed by the player on
      1 July 2018 and that it was the player’s first professional contract.

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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22. Moreover, Kaizer Chiefs alleged that Fosa had intimidated the player and
      confiscated his passport.

  23. Furthermore, Kaizer Chiefs held that, should the DRC find the player and Kaizer
      Chiefs liable, the compensation should be limited to EUR 32,546.18 which it
      calculated as been the average of the earning between the old contract and the
      new one.

  24. Upon being requested to do, Fosa provided the original of the contract to the
      FIFA administration.

  25. In its replica, Fosa reiterated its previous arguments, underlining that the player
      was receiving the equivalent to EUR 740 as monthly salary, amount which “by
      far exceed the costs the player effectively incurred”.

  26. In this context, Fosa provided invoices to demonstrate that is paid for the
      accommodation of the player.

  27. Moreover Fosa further held that Kaizer Chiefs never contacted it to get
      information on the status of the player.

  28. In their duplica, the player and Kaizer Chiefs held that Fosa did not provide a
      proof of the registration of the player within the FMF.

  29. The player held that his expenses amounted to MGA 1,600,000 while his salary
      was MGA 1,500,000.

  30. Finally, Kaizer Chiefs and the player submitted an expert report on the
      signature of the contract, which concluded that the contract was forged.

  II.    Cons iderations of the Dis pute Res olution Cham ber

  1.     First of all, the Dispute Resolution Chamber (hereinafter also referred to as:
         Chamber or DRC) analysed whether it was competent to deal with the matter
         at hand. In this respect, it took note that the present matter was submitted to
         FIFA on 11 December 2018. Consequently, the Rules Governing the Procedures
         of the Players’ Status Committee and the Dispute Resolution Chamber (edition
         2018; hereinafter: Procedural Rules) are applicable to the matter at hand (cf.
         art. 21 of the Procedural Rules).

  2.     Subsequently, the members of the Chamber referred to art. 3 par. 1 of the

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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Procedural Rules and confirmed that, in accordance with art. 24 par. 1 in
         combination with art. 22 lit. b) of the Regulations on the Status and Transfer
         of Players (edition 2019), the Dispute Resolution Chamber is competent to deal
         with the matter at stake, which concerns an employment-related dispute with
         an international dimension between a Malagasy club, a Malagasy player and a
         South African club.

  3.     In continuation, the Chamber analysed which regulations should be applicable
         as to the substance of the matter. In this respect, it confirmed that, in
         accordance with art. 26 par. 1 and 2 of the Regulations on the Status and
         Transfer of Players (edition 2019), and considering that the present claim was
         lodged on 11 December 2018, the June 2018 edition of said regulations
         (hereinafter: Regulations) is applicable to the matter at hand as to the
         substance.

  4.     The competence of the Chamber and the applicable regulations having been
         established, the Chamber entered into the substance of the matter. In this
         respect, the Chamber started by acknowledging all the above-mentioned facts
         as well as the arguments and the documentation submitted by the parties.
         However, the Chamber emphasised that in the following considerations it will
         refer only to the facts, arguments and documentary evidence, which it
         considered pertinent for the assessment of the matter at hand. In particular,
         the Chamber recalled that in accordance with art. 6 par. 3 of Annexe 3 of the
         Regulations, FIFA may use, within the scope of proceedings pertaining to the
         application of the Regulations, any documentation or evidence generated or
         contained in the Transfer Matching System (TMS).

  5.     Having considered all the argumentation put forward by the parties, the
         Chamber acknowledged that the first issue on which it had to decide was
         whether the Claimant and Respondent I had in fact concluded an employment
         contract on 1 November 2016. The Chamber observed that whereas the
         Claimant holds that such contract had indeed been concluded with the player,
         the player denied having signed that contract and alleged that his signature
         on the contract submitted by Fosa is a forgery.

  6.     In this respect, the Chamber underlined that, upon request, it was provided
         with the alleged original version of the employment contract dated 1
         November 2016. At this stage, the DRC considered it appropriate to remark
         that, as a general rule, FIFA’s deciding bodies are not competent to decide
         upon matters of criminal law, such as the ones of alleged falsified signatures or
         documents, and that such affairs fall into the jurisdiction of the competent
         national criminal authority.

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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7.     In this regard, the DRC recalled that all documentation remitted shall be
         considered with free discretion and, therefore, it focused its attention on the
         alleged original document. In this context, the Chamber also acknowledged
         that it had been provided with an expert report from both Respondents
         regarding the handwriting examinations.

  8.     After a thorough analysis of the aforementioned documents, in particular,
         comparing the relevant signature on the contract dated 1 November 2016 to
         the other documentation on file, the DRC concluded that for a layman the
         player’s signatures on the various documents available, including the proposal
         and the contract eventually signed by the player and Kaizer Chiefs, seem to be
         alike and genuine.

  9.     On account of the aforementioned considerations, the members of the DRC
         concluded that the Claimant and the player entered into an employment
         contract on 1 November 2016 and proceeded to examine the further
         argumentations of the parties.

  10.    In this respect, the Chamber acknowledged that the Claimant argued that the
         player terminated the contract without just cause by entering into a new
         contract with Kaizer Chiefs valid as of 1 July 2018.

  11.    Equally, the DRC noted that the Respondents averred that the first
         professional employment contract signed by the player was only the one with
         Kaizer Chiefs.

  12.    On account of the above, the members of the Chamber highlighted that the
         underlying issue in this dispute, considering the diverging position of the
         parties, was to determine whether the Claimant and the player concluded a
         professional employment contract on 1 November 2016. In other words,
         whether the player was a professional while rendering his services to the
         Claimant.

  13.    In so doing, the Chamber referred to art. 2 par. 2 of the Regulations, which
         stipulates that “A professional is a player who has a written contract with a
         club and is paid more for his footballing activity than the expenses he
         effectively incurs. All other players are considered to be amateurs”.

  14.    Taking into consideration the criteria set out in art. 2 par. 2 of the Regulations
         as well as the amounts payable to the player on the basis of the contract, the
         members of the Chamber noted that the player did not contest receiving a
         salary from Fosa but, rather, that said salary allegedly did not cover his
         expenses as football player.

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

                                                                                                                       7
15.    Consequently, the DRC unanimously concluded that the player received a
         salary as per the criteria set out in art. 2 par. 2 of the Regulations, even more
         as the player did not provide any evidence in order to prove the contrary.

  16.    What is more, the members of the DRC wished to recall that Kaizer Chiefs
         offered the amount of USD 25,000 as transfer compensation to Fosa, in order
         to register the player as a professional.

  17.    On account of all the above-mentioned considerations, the Chamber concurred
         that the player was to be considered a professional when he was under
         contract with the Claimant.

  18.    As a consequence thereof, being undisputed by the parties that the player and
         Kaizer Chiefs entered into an employment contract when the player was still
         under contract with Fosa, the Chamber had no other option than to conclude
         that the player terminated the contract with the Claimant without just cause.

  19.    Subsequently, the DRC established that, in accordance with art. 17 par. 1 of the
         Regulations, the player is liable to pay compensation to the Claimant for
         breach of contract. Furthermore, in accordance with the unambiguous
         contents of art. 17 par. 2 of the Regulations, the Chamber established that the
         player’s new club, i.e. Respondent II, shall be jointly and severally liable for the
         payment of compensation. In this respect, the Chamber was eager to point out
         that the joint liability of Respondent II is independent from the question as to
         whether the new club has committed an inducement to contractual breach or
         any other kind of involvement by the new club. This conclusion is in line with
         the well-established jurisprudence of the Chamber that was repeatedly
         confirmed by the Court of Arbitration for Sport (CAS).

  20.    Having stated the above, the Chamber focussed its attention on the calculation
         of the amount of compensation for breach of contract in the case at stake. In
         doing so, the members of the Chamber firstly recapitulated that, in accordance
         with art. 17 par. 1 of the Regulations, the amount of compensation shall be
         calculated, in particular and unless otherwise provided for in the contract at
         the basis of the dispute, with due consideration for the law of the country
         concerned, the specificity of sport and further objective criteria, including in
         particular the remuneration and other benefits due to the player under the
         existing contract and/or the new contract, the time remaining on the existing
         contract up to a maximum of five years as well as the fees and expenses paid
         or incurred by the former club (amortised over the term of the contract) and
         whether the contractual breach falls within a protected period. The DRC
         recalled that the list of objective criteria is not exhaustive and that the broad
         scope of criteria indicated tends to ensure that a just and fair amount of

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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compensation is awarded to the prejudiced party.

  21.    In application of the relevant provision, the Chamber held that it first of all
         had to clarify as to whether the pertinent employment contract contained a
         provision by means of which the parties had beforehand agreed upon an
         amount of compensation payable by the contractual parties in the event of
         breach of contract. In this regard, the Chamber established that no such
         compensation clause was included in the said employment contract at the basis
         of the matter at stake.

  22.    As a consequence, the members of the Chamber determined that the amount
         of compensation payable in the case at stake had to be assessed in application
         of the other parameters set out in art. 17 par. 1 of the Regulations.

  23.    Consequently, in order to estimate the amount of compensation due to the
         Claimant in the present case, the Chamber firstly turned its attention to the
         financial terms of the player’s former contract and the new contract, the value
         of which constitutes an essential criterion in the calculation of the amount of
         compensation in accordance with art. 17 par. 1 of the Regulations. In this
         context, the members of the Chamber deemed it important to emphasise that
         the wording of art. 17 par. 1 of the Regulations allows the DRC to take into
         consideration both the existing contract and the new contract in the
         calculation of the amount of compensation, thus enabling the Chamber to
         gather indications as to the economic value attributed to a player by both his
         former and his new club.

  24.    In this regard, the DRC established, on the one hand, that the total value of
         the contract signed by the player with Fosa, for the remaining contractual
         period, namely as of 1 July 2018 until 31 October 2020, amounted to MGA
         42,000,000. On the other hand, the members of the Chamber established that
         the value of the new contract concluded by the player with Kaizer Chiefs, for
         the same period, was ZAR 1,108,333, approximately equivalent to MGA
         273,144,000.

  25.    Consequently, on account of the above-mentioned considerations and in view
         of the specific circumstances of this case, the Dispute Resolution Chamber
         decided that the player shall pay to the Claimant compensation for breach of
         contract in the total amount of MGA 157,572,000 which is to be considered a
         reasonable and justified amount in the case at hand.

  26.    In addition and with regard to the Claimant's request for interest, the
         Chamber decided that the Claimant is entitled to 5% interest p.a. on said
         amount as of 11 December 2018 until the date of effective payment.

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

                                                                                                                       9
27.    Furthermore, in accordance with the unambiguous contents of art. 17 par. 2 of
         the Regulations, the Chamber established that the player’s new club, i.e.
         Kaizer Chiefs, shall be jointly and severally liable for the payment of the
         aforementioned amount of compensation.

  28.    In continuation, the Chamber focussed its attention on the further
         consequences of the breach of contract in question and, in this respect, it
         addressed the question of sporting sanctions against the player in accordance
         with art. 17 par. 3 of the Regulations. The cited provision stipulates that, in
         addition to the obligation to pay compensation, sporting sanctions shall be
         imposed on any player found to be in breach of contract during the protected
         period.

  29.    In this respect, the members of the Chamber referred to item 7 of the
         “Definitions” section of the Regulations, which stipulates, inter alia, that the
         protected period shall last “for three entire seasons or three years, whichever
         comes first, following the entry into force of a contract, where such contract is
         concluded prior to the 28th birthday of the professional, or two entire seasons
         or two years, whichever comes first, following the entry into force of a
         contract, where such contract is concluded after the 28th birthday of the
         professional”. In this regard, the DRC pointed out that the player, whose date
         of birth is 21 April 1991, was 25 years of age when he signed his employment
         contract with the Claimant on 1 November 2016, entailing that the unilateral
         termination of the contract occurred within the applicable protected period.

  30.    With regard to art. 17 par. 3 of the Regulations, the Chamber emphasised that
         a suspension of four months on a player’s eligibility to participate in official
         matches is the minimum sporting sanction that can be imposed for breach of
         contract during the protected period. This sanction, according to the explicit
         wording of the relevant provision, can be extended in case of aggravating
         circumstances. In other words, the Regulations intend to guarantee a
         restriction on the player’s eligibility of four months as the minimum sanction.
         Therefore, the relevant provision does not provide for a possibility to the
         deciding body to reduce the sanction under the fixed minimum duration in
         case of mitigating circumstances.

  31.    With the above in mind, the members of the Chamber wished to recall the
         sequence of the events of the present matter. First, the DRC recalled that, on
         15 and 29 June 2018, the Claimant informed Respondent II that the player was
         under contract with Fosa. Then, on 4 July 2018, Respondent I presented an
         offer to the Claimant for the transfer of the player, which was rejected by
         Fosa. Finally, on 7 August 2018, the player signed an employment contract

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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with Respondent II.

  32.    Having stated that, the DRC was eager to emphasise that the player raised his
         income considerably by concluding an employment contract with Respondent
         II.

  33.    Consequently, taking into account the circumstances surrounding the present
         matter, the DRC decided that, by virtue of art. 17 par. 3 of the Regulations, the
         Respondent player is to be sanctioned with a restriction of four months on his
         eligibility to participate in official matches.

  34.    Finally, the members of the Chamber turned their attention to the question of
         whether, in view of art. 17 par. 4 of the Regulations, the player’s new club, i.e.
         Respondent II, must be considered to have induced the player to unilaterally
         terminate his contract with the Claimant without just cause during the
         protected period and, therefore, shall be banned from registering any new
         players, either nationally or internationally, for two entire and consecutive
         registration periods.

  35.    In this respect, the Chamber recalled that, in accordance with art. 17 par. 4 of
         the Regulations, it shall be presumed, unless established to the contrary, that
         any club signing a professional player who has terminated his previous
         contract without just cause has induced that professional to commit a breach.
         Consequently, the Chamber pointed out that the party that is presumed to
         have induced the player to commit a breach carries the burden of proof to
         demonstrate the contrary.

  36.    Having stated the above, the members of the Chamber took note that, based
         on the documentation submitted by the parties, it appears that Respondent II
         presented an offer for the transfer of the player to Fosa on 4 July 2018.
         However, despite such offer being eventually rejected by the Claimant, the
         Respondent II nevertheless concluded an employment contract with the player.

  37.    In light of the aforementioned, and given that Respondent II did not provide
         any other specific or plausible explanation as to its possible non-involvement in
         the player’s decision to unilaterally terminate his employment contract with
         the Claimant, the DRC had no option other than to conclude that Respondent
         II had not been able to reverse the presumption contained in art. 17 par. 4 of
         the Regulations and that, accordingly, the latter had induced the player to
         unilaterally terminate his employment contract with the Claimant.

  38.    In view of the above, the Chamber decided that, in accordance with art. 17
         par. 4 of the Regulations, Respondent II shall be banned from registering any

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

                                                                                                                      11
new players, either nationally or internationally, for the two entire and
         consecutive registration periods following the notification of the present
         decision. Respondent II shall be able to register new players, either nationally
         or internationally, only as of the next registration period following the
         complete serving of the relevant sporting sanction. In particular, it may not
         make use of the exception and the provisional measures stipulated in art. 6
         par. 1 of the Regulations in order to register players at an earlier stage.

  39.    The Dispute Resolution Chamber concluded its deliberations in the present
         matter by establishing that any further claim lodged by the Claimant is
         rejected.

  III.   Decis ion of the Dis pute Res olution Cham ber

  1.     The claim of the Claimant, Fosa Juniors FC, is partially accepted.

  2.     Respondent I, Andriamirado Aro Hasina Andrianarimanana, is ordered to pay
         to the Claimant, w ithin 30 day s as from the date of notification of this
         decision, compensation for breach of contract in the amount of MGA
         157,572,000 plus 5% interest p.a. as from 11 December 2018 until the date of
         effective payment.

  3.     Respondent II, Kaizer Chiefs FC, is jointly and severally liable for the payment
         of the aforementioned compensation.

  4.     In the event that the aforementioned amount plus interest is not paid within
         the stated time limit, the present matter shall be submitted, upon request, to
         the FIFA Disciplinary Committee for consideration and a formal decision.

  5.     Any further claim lodged by the Claimant is rejected.

  6.     The Claimant is directed to inform the Respondent I and Respondent II,
         immediately and directly of the account number to which the remittance is to
         be made and to notify the Dispute Resolution Chamber of every payment
         received.

  7.     A restriction of four months on his eligibility to play in official matches is
         imposed on the Respondent I, Andriamirado Aro Hasina Andrianarimanana.
         This sanction applies with immediate effect as of the date of notification of
         the present decision. The sporting sanction shall remain suspended in the
         period between the last official match of the season and the first official
         match of the next season, in both cases including national cups and

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

                                                                                                                      12
international championships for clubs.

  8.  Respondent II, Kaizer Chiefs FC, shall be banned from registering any new
      players, either nationally or internationally, for the two next entire and
      consecutive registration periods following the notification of the present
      decision.
                                       *****
  Note related to the publication:

  The FIFA administration may publish decisions issued by the Players’ Status Committee
  or the DRC. Where such decisions contain confidential information, FIFA may decide, at
  the request of a party within five days of the notification of the motivated decision, to
  publish an anonymised or a redacted version (cf. article 20 of the Rules Governing the
  Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).

  Note related to the appeal procedure:

  According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against
  before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
  to the CAS directly within 21 days of receipt of notification of this decision and shall
  contain all the elements in accordance with point 2 of the directives issued by the CAS.
  Within another 10 days following the expiry of the time limit for filing the statement of
  appeal, the appellant shall file a brief stating the facts and legal arguments giving rise
  to the appeal with the CAS (cf. point 4 of the directives).

  The full address and contact numbers of the CAS are the following:

                                         Court of Arbitration for Sport
                                           Avenue de Beaumont 2
                                                1012 Lausanne
                                                  Switzerland
                                             Tel: +41 21 613 50 00
                                            Fax: +41 21 613 50 01
                                           e-mail: info@tas-cas.org
                                                 www.tas-cas.org

  For the Dispute Resolution Chamber:

  Emilio García Silvero
  Chief Legal & Compliance Officer

Fosa Juniors FC, Madagascar / Player Andriamirado Aro Hasina Andrianarimanana, Madagascar / Kaizer Chiefs FC, South Africa

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