The Johannesburg High Court has ruled against Cricket South Africa (CSA) and in favour of Tabraiz Shamsi in a landmark judgment which will be pored over with interest around the global game for its potential implications for freelance cricketers.

Shamsi was signed by MI Cape Town for R500,000 (USD 29,000 approx) in September’s SA20 auction but successfully sought a release from his contract, citing personal reasons, and breached the terms of his auction agreement in doing so. The SA20 formally accepted the repudiation of his contract in November, and he was replaced in MI Cape Town’s squad.

Shamsi then signed for Gulf Giants, and was granted an initial No-Objection Certificate (NOC) by CSA which only ran until December 19, midway through the ILT20 and before the start of the SA20’s competition window. As a result, he sought “urgent interim relief” in the High Court of South Africa after talks for an extension stalled, and the court ruled in his favour.

The court directed CSA to issue Shamsi with an extended NOC for the ILT20 until January 4, the date of the final, and ordered the board to pay his legal costs, and CSA has since granted him a separate NOC to cover his BBL contract. Shamsi has taken four wickets in four appearances for Gulf Giants in the ongoing ILT20, and will arrive in Australia to play for Adelaide Strikers in January.

“I am grateful that the Court recognized the urgency of my situation and granted interim relief,” Shamsi said in a statement issued by his management company, Global Sports Ventures.

“I was reluctant to take this matter to court, but it became necessary to bring certainty and resolve a situation that could not be resolved in any other way. This was never about maximising opportunities, but being able to approach my career in a considered and sustainable way.

“As a husband and a father, I also had to do what was right for my wife and our young child, and ensure stability for my family alongside the demands of a global cricket career.

“Looking ahead, my focus is firmly on cricket. I want to continue performing at the highest level, contributing positively wherever I play, and remaining available to represent South Africa whenever the opportunity arises.”

The issuing of NOCs has become an increasingly contentious subject in recent years with the proliferation of franchise tournaments around the world, and the judgement creates a precedent that could embolden other players to seek permission to play overseas during their respective home seasons.

The ICC requires players to obtain an NOC from their relevant national governing body before they are permitted to appear in a domestic tournament or franchise league overseas. Boards have generally been reluctant to offer NOCs to players who would otherwise be available to play in domestic cricket in their own country.

Shamsi, 35, opted out of his national contract with CSA last year to “explore all opportunities” available to him. He remains available for international cricket, though he has not featured for South Africa in any format since February and no longer holds a domestic contract in the country.

“I have always taken immense pride in representing South Africa and remain fully committed and available to play for my country whenever called upon,” Shamsi added in his statement. “Representing South Africa has been the greatest honour of my professional career.”

Shamsi has previously represented Paarl Royals and Joburg Super Kings in the SA20 but now appears unlikely to play in the tournament again. CSA did not respond to a request for comment.

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