Springbok stalwart Jaque Fourie is a free agent and can negotiate a contract with Western Province for 2010, but that may not be the end of his public spat with the Golden Lions.

Fourie's lawyer, Frikkie Erasmus, confirmed to this website that the arbitration ruling had gone in favour of Fourie, which effectively makes him a free agent.

Advocate Schalk Burger, who headed the arbitration hearing, ruled that Fourie did not have a standard players' contract with the Golden Lions Rugby Union, which ensured that the player was now free to move to Western Province and the Stormers before the end of the year.

The arbitration hearing ended in Johannesburg on Tuesday last week and the verdict has not been formally released.

However, Erasmus and Piet Heymans, the CEO of the South African Rugby Players' Association (SARPA), both confirmed that the ruling was in favour of Fourie.

"We are delighted," Erasmus told this website, but declined to elaborate on the ruling.

However, both Heymans and GLRU CEO Manie Reyneke confirmed that Fourie had won because the GLRU had failed to agree to the amount of Fourie's remuneration for 2011 - which effectively made the contract null and void.

Reyneke said he had not seen the full ruling, but once he had a copy he would meet with the union's legal advisors to determine their next course of action.

The GLRU boss said he had not given up yet and might even opt to enforce the clause that allowed the Lions to counter any offer Fourie got from elsewhere.

Player contracts

Heymans said the whole sorry saga once again proved how important the standard, collective agreement - as agreed to by the South African Rugby Players' Association (SARPA) and the South African Rugby Employers Organisation (SAREO) - was for unions.

"We have worked very hard to make these documents available to unions and it is up to them to ensure the correct contracts are signed," Heymans told this website.

He added that it appeared that the failure of GLRU not to stipulate the remuneration for the second year of Fourie's contract, for 2010, might have been the result of the arbitration ruling going in favour of the player.

Fourie's contract with the GLRU also indicated that he had been appointed as a 'professional analyst' and not a rugby player.

"The unions need to be very careful what conditions they attach to the collective agreement," Heymans said, adding that they would continue to work closely with players and unions in an effort to avoid a repeat of cases like these.

But the onus remains on unions to ensure they have the documentation in place.

Erasmus confirmed that Fourie would now start negotiations with Western Province (Pty) Ltd, with the player having gone public with his wish to move to Cape Town.

If the negotiations are concluded and he moves to Cape Town, as expected, he will join fellow Bok backline star Bryan Habana at the Stormers in 2010.

And Fourie is not the last in an ongoing exodus of leading players at the Lions.

It has been rumoured that burly No.8 Willem Alberts and star utility back Louis Ludik are negotiating with the Sharks for 2010.

Add to this the departure of a host of senior players like hookers Willie Wepener (to Clermont in France) and Ethienne Reynecke (to Saracens in England), locks Anton van Zyl (to Western Province), Dewald Senekal (Toulon, France), Gerhard Mostert (Sharks) and Jannes Labuschagne (injured/retired), Bok flyhalf Andre Pretorius (who has signed with the Western Force) and No.8 Ernst Joubert (Saracens, England), and it is clear there remains great unhappiness with the administration in Johannesburg.

The GLRU last Friday confirmed that Springbok backline coach Dick Muir would be the new Director of Coach, and Super 14 head coach, but he would start with a player core devoid of experience.

At the heart of the player unhappiness was the acrimonious departure of former coach Eugene Eloff, who was sacked a week before the team's encounter with the British and Irish Lions at the behest of Jake White's Winning Ways company - which resulted in a player strike.

It is worth noting that White's company, Winning Ways, who assisted stand-in Currie Cup coach Hans Coetzee, is unlikely to continue its involvement with the GLRU.

It has been rumoured that the union needed to free up cash to sign Muir and as a result did not see its way clear for White's continued involvement.