Kaizer Chiefs assistant financial manager Abdullah Mayet says McCarthy has instructed Cape Town-based lawyers Murphy, Wallace and Slabbert Attorneys to take the matter to the labour court.

"Fabian’s contract has expired and on that basis we hope that the court will force his former club to issue a clearance with immediate effect," says Mayet.

Michael Murphy, famous for the Coetzee ruling, will head McCarthy’s legal team against Sundowns.

"The second option, but I must clarify that this matter is between Fabian and Sundowns, is for the lawyers to order an interdict against the Premier League to allow Fabian McCarthy to be registered with a club of his choice, which is Kaizer Chiefs," Mayet says, adding that the matter was set in motion on Thursday morning.

McCarthy reveals in the next edition of Amakhosi magazine that there was a clause in his contract that gave his former club the option to renew, but that they never exercised their option until it was too late.

"Around April/May I gave Sundowns a proposal for a three-year contract with details of what I wanted for my new contract. I discussed that with my manager but Sundowns did not agree with that and changed everything in the proposal.

"And when my manager came back with all that I told him if they couldn’t offer me a three-year contract I was not prepared to stay. Personally, I believe I deserved the three-year contract but they were not prepared to move. They kept on talking to my manager but I told him I wanted to leave,” McCarthy says.