Legal twist in Botha saga

World Cup-winning second row Bakkies Botha must join French second division club Toulon by April 1 or face the prospect of legal action.

The ’will he or won’t he’ saga regarding the towering Springbok has now dragged on for weeks although it looked as though he would remain with his South African Super 14 franchise the Bulls for the foreseeable future when recent reports suggested that Toulon did not have any signed contract with the player.

But the French club’s president Mourad Boudjellal said: “The player has signed a contract and must be at Toulon by April 1, 2008.

“If he isn’t present by then, Toulon will engage in judicial proceedings against the player and The Bulls.”

Botha, acknowledged as one of the best second row forwards in international rugby, would team up with his fellow World Cup winner and second row partner Victor Matfield if he does join Toulon, who have a raft of international stars in their ranks including Australian scrum-half George Gregan, who holds the world record for Test caps.

Botha is contracted to the Pretoria-based Bulls until 2011 and is due to play for them in a Super 14 clash with the Lions later Friday having been named in the starting line-up.

Last month the South African Rugby Union (SARU), with whom Botha also has a three-year deal, threatened legal action against the 28-year-old and Toulon should he play for the French club.

SARU’s manager of legal affairs Christo Ferreira told Beeld newspaper that no-one could stop Botha if he wanted to go to France, but he “would certainly not be able to play for Toulon or any other club as long as he is contracted to SA Rugby and the Bulls.

“The Bulls have already turned down his request to be released and SA Rugby will do the same. He needs a release to be registered as a player in France, and this (refusal) will leave him and Toulon stranded,” Ferreira added.

“If Toulon go ahead with their intentions to play Botha without him being released from his contractual commitments in South Africa we certainly won’t leave the matter there.”