CAS 2020 A 7032
CAS · Football (FIFA / CAS) · Switzerland · 24 Apr 2025
Why it matters
This case is significant for its detailed forensic analysis of a disputed signature in a football contract. The CAS Sole Arbitrator appointed a handwriting expert and conducted an ESDA test, ultimately finding that TP Mazembe failed to prove the authenticity of the second contract. The decision reinforces that clubs bear the burden of proving contract validity when forgery is alleged, and that FIFA bodies cannot simply rely on a prima facie comparison of signatures. It also clarifies the limits of FIFA's investigative powers in forgery cases.
Summary
The case involves a Congolese player, Ben Malango, who signed an employment contract with TP Mazembe in 2014. In 2019, Malango sought to move to Raja Casablanca. TP Mazembe claimed that a second contract, signed in December 2016, extended Malango's employment until 2021. Malango denied signing the second contract, alleging forgery. The FIFA DRC found the second contract valid based on a prima facie comparison of signatures and ordered Malango and Raja to pay compensation. On appeal, the CAS appointed a forensic expert who conducted handwriting analysis and ESDA testing. The expert concluded that the second contract was likely altered by substituting page 2. The Sole Arbitrator found that TP Mazembe failed to prove the authenticity of the contract, noting that the club did not provide credible witnesses or rebut the expert's findings. Consequently, the CAS set aside the DRC decision, dismissed TP Mazembe's claim, and ordered TP Mazembe to pay costs. The case highlights the importance of forensic evidence in sports disputes and the strict burden of proof on clubs asserting contract validity.
The detail
Parties: & 7033 & 7042 Tout Puissant Mazembe vs Ben Malango, Raja Casablanca & FIFA
Case number: CAS 2020 A 7032
Outcome: The CAS upheld the appeals of Ben Malango and Raja Casablanca, setting aside the FIFA DRC decision. TP Mazembe's appeal was dismissed. TP Mazembe was ordered to pay CHF 7,000 each to Malango and Raja for legal costs.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss Civil Code, CAS Code of Sports-related Arbitration
Issues in play: The dispute involved the authenticity of a second employment contract allegedly signed by the player. The key legal issue was the burden of proof regarding forgery and the standard for rebutting the presumption of authenticity of a signed document.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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