The reappearance of Shaune Mogaila in Sekhukhune United colours has ignited a debate about whether footballers accused of criminal acts should take to the field or rather be banished to the stands until their trial is over.
Mogaila made a surprise appearance for Sekhukhune in their 4-2 win over AmaZulu last week and was named Man of the Match when Babina Noko beat Chippa United at the weekend, scoring the only goal in a 1-0 victory.
Sowetan canvassed the views of a renowned sports lawyer, who spoke on condition of anonymity, and defended Sekhukhune's stance of fielding the speedy winger, who's out on bail after he was charged with culpable homicide, negligent driving and fleeing the accident scene.
The 29-year-old was involved in a car crash that claimed the life of a nine-year-old pupil in October in Tembisa.
“By law, anyone that's out on bail can do anything ... you can go back to work. Remember [Mogaila] has a contract with Sekhukhune and they're paying him every month, so not playing him would be insane. Who expects the club to pay a player sitting at home? The criminal case has nothing to do with his contract,” the lawyer told Sowetan on Monday.
“If the boy was found guilty of something by the league, Sekhukhune would have to cancel his contract on that basis ... now Sekhukhune can't cancel the contract because he had a car accident that killed someone or because he was allegedly drunk. Those are not the grounds for cancelling a contract ... you can't police your employees as a company.”
Mogaila, who paid R20,000 bail, will return to court on May 19, having already made two court appearances in Tembisa.
Tshepo Kekana, the father of the child who died during the accident, refused to comment, saying they would wait for justice to prevail. “I don't want to comment as we wait for justice to take its course,” Kekana said.
Sekhukhune have reasoned that they field the player as a mark of “ubuntu”, saying they don't want to punish him twice.
“Shaune was given the opportunity and time to take care [of] whatever matters were supposed to happen.
“The court [processes] are still going on. Having said that, we need to support Shaune and make sure he is part of us when he is available. He knows that as a club we have agreed to support him and his mental strength. I don’t think as a club we are being insensitive, we are showing ubuntu [and] that everyone deserves a second chance. That is why it is called an accident,” Sekhukhune coach Lehlohonolo Seema said.
The club received backlash on social media, however, with some insisting the player should not have been fielded while the family of the nine-year-old is still going through pain.
Football people found in court and the field...
Shaune Mogaila, who hails from Ga-Mashashane in Limpopo, is not the first football personality to find himself on the wrong side of the law while contracted to a professional side. In 2005, Orlando Pirates continued fielding Benedict “Tso” Vilakazi amid a statutory rape charge. Pirates only stripped Vilakazi of the captaincy, but he continued to feature until the case was concluded. He was acquitted in May 2006.
In October 2023, Pirates also fielded Thembinkosi Lorch even after he was found guilty of assaulting former girlfriend Fundiswa Mathithibala with the intent to cause grievous bodily harm by the Randburg magistrate's court in June. Lorch was handed a suspended sentence and fined R50,000. A month later, Pirates sold him to Mamelodi Sundowns, who loaned him to Wydad Casablanca this year.
On the administration side, Safa president Danny Jordaan has insisted on serving the organisation despite being out on bail for fraud. He also refused to step aside after rape allegations against him surfaced in 2017.
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