Pakistan cricket stars in legal trap
At least six current Pakistan cricketers may end up in a court of law after they were forced to terminate their lucrative two-year contracts by the cricket board
Samiul Hasan
30-Oct-2001
At least six current Pakistan cricketers may end up in a
court of law after they were forced to terminate their
lucrative two-year contracts by the cricket board.
Highly placed sources said captain Waqar Younis, vicecaptain Inzamam-ul-Haq, Saeed Anwar, Yousuf Youhana and
Azhar Mahmood had filed requests to their agent - Sports
Unlimited - for termination of the contracts before leaving
for Sharjah.
Three other players - Moin Khan, Mushtaq Ahmad and Saqlain
Mushtaq - also had signed contracts with Sports Unlimited.
But Saqlain is not representing the country because of his
personal commitments whereas Moin and Mushtaq have not been
asked to terminate their bond as they are currently not in
the selectors' reckoning.
According to a copy of the agreement, obtained by Dawn, "the
players confirm to provide The Coca Cola Export Corporation
(TCCEC) with the services of product celebrity for a period
of two years commencing Jan 1, 2001."
The agreement is to run from Jan 1, 2001 to Dec 31, 2002.
Inzamam has signed the contract at Rs 1.7 million, Waqar Rs
1.3 million, Youhana Rs 900,000, Saeed Rs1.4million and Moin
Rs 2.4 million. However, the players are being pressurised
to revoke their contracts as it directly clashes with the
interests of the Pakistan Cricket Board (PCB) who have an
agreement with Coca Cola's arch rival Pepsi which annually
pays $4.6million to the PCB.
While a spokesman of Sports Unlimited denied that he had
received the plea of cancellation of contracts, he admitted
that he wouldn't be surprised if the players came up with
the request.
"I wouldn't be surprised at all because I know they are
under immense pressure to terminate their contracts. It's
because of that pressure that they have not been following
dates for product's publicity campaigns," Rafi Hasan, chief
executive of Sports Unlimited, said.
He added that this year, the players had appeared just once
in commercial and had since then been dodging him as well as
the sponsors. But Rafi said that he would take the players
to the court of law if Coca Cola decided to take legal
action against him.
"If Coca Cola takes me to the court, naturally I would press
charges against the players. The simple reason is that I
have not violated any contract but it's the players who are
backing out." He, however, emphasized that he would not
initiate any charges against the players until forced to.
The spokesman further said the players can only request for
termination of the contracts but cannot revoke it. "If they
decide to revoke it, they might face severe embarrassment,"
he said.
Explaining his role and involvement in the entire scenario,
he cited the example of Azhar Mahmood who returned the
contract along with the initial amount to Coca Cola. "But it
was not entertained because the players have a contract with
Sports Unlimited and not with Coca Cola. It's me who has
signed the contract with Coca Cola on players' behalf. This
implies that Azhar is legally contracted with me no matter
what he thinks," he said.
While the PCB have promised to compensate the players with
either a fresh contract or sign them with some other
sponsor, rumours at the Gaddafi Stadium are that the PCB
were also contemplating compensating Sports Unlimited by
awarding stadia rights for three years at Rs50million.
But Rafi Hasan dispelled the impression, saying: "We had
bought cricket and hockey stadia rights for the cancelled
events. We had, in fact, proposed the PCB to award us the
contracts on a longer terms, say three years at Rs50million.
"But it was our proposal and nothing more than that."
Legal experts said the hands of the players were completed
tied after signing the contract. "They cannot escape from
the contract. It's a one-sided contract in which there is no
termination clause. In fact, according to the contract, the
players cannot appear for Coca Cola's rivals for six months
after the termination of the contract," legal experts said.
Clause 5 of the contract, a copy of which is with Dawn,
says:
"I (player) agree that during the term of this agreement and
for a period of six (6) months after the expiry or earlier
termination of this agreement, I will refrain from
participating in, or lending or using my name, image of
statement (both written or oral) for or in connection with,
any programme, promotion or advertisement of any product
which compensates with the products excluding mineral water,
tea and coffee."
The breakup of payments of Rs 1,300,000 made to Waqar
Younis is:
Year 2001 (Year 1)
10% of the annual amount i.e. Rs 195,000 to be paid on the
15th of January 2001.
15% of the annual amount i.e. Rs 325,000 to be paid on the
10th of February 2001.
25% of the annual amount i.e. Rs 325,000 to be paid on the
3rd of April 2001.
25% of the annual amount i.e. Rs 325,000 to be paid on the
3rd of July 2001.
25% of the annual amount i.e. Rs 325,000 to be paid on the
3rd of October 2001.
25% of the annual amount i.e. Rs 325,000 to be paid as bonus
on the 3rd of October 2001.
Year 2002 (Year 2)
Annual increment of 10% to 20% (depending upon the
performance during year 2001) over 2001 to be paid as
follows:
25% of the annual amount will be paid on 3rd of January,
2002.
25% of the annual amount will be paid on 3rd of April, 2002.
25% of the annual amount will be paid on 3rd of July, 2002.
25% of the annual amount will be paid on 3rd of October,
2002.