Federation Internationale de Football Association v Kgopotso Leslie Sedibe and Another

Mr Kgopotso Leslie Sedibe, a South African citizen and former CEO of the South African Football Association (SAFA), was sanctioned by FIFA’s Ethics Committee in Switzerland in March 2016 for match-fixing, resulting in a five-year suspension from football activities and a fine. In 2018, Sedibe approached the Gauteng Division of the High Court ex parte, seeking leave to institute review proceedings against FIFA by edictal citation and an order attaching FIFA’s trademarks in South Africa to found jurisdiction. The High Court granted the attachment and service orders. FIFA later applied to set aside those ex parte orders, arguing that South African courts lacked jurisdiction, that attachment was impermissible for a non-monetary review claim, and that service authorised by email contravened Swiss law. The High Court dismissed FIFA’s application. FIFA appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and substituted with an order setting aside the original ex parte attachment and directing Sedibe to pay the costs of the application.

The judgment reaffirms strict limits on the use of attachment to found jurisdiction in South African law, particularly in cross-border disputes. It clarifies that South African courts cannot assume jurisdiction over foreign administrative or disciplinary decisions through attachment where the underlying claim is not monetary. The case is significant for private international law, procedural law, and disputes involving international sporting bodies.