In a land mark case that was first reported to FIFA’s Dispute Resolution Chamber by Footballers Union of Botswana (FUB), the former has issued a stern fine to Gaborone United in a matter involving one of its former players, Appiah Bismarck.
Bismarck had reported the matter to FUB after he received a termination letter dated January 04, 2016 from GU. The release letter, signed by GU secretary general, City Senne informed Bismarck that his contract was prematurely terminated.
He was later to argue that his two year contract, which was initially supposed to end in May 2017, was terminated without just cause or sporting just cause. After a series of correspondences with GU, FUB later complained in February 2016 that the team had continued to ignore them and in return opting to continue unlawfully terminating players’ contracts against FIFA’s principles of creating contractual stability.
GU did not bother to engage the union further and it was then that the matter was first referred to FIFA’s Dispute Resolution Chamber in April 2016. Within five days of receipt of FUB’s complaint, FIFA responded asking for some additional information among them, the power of attorney, grounds of the claim and other relevant documents
To this end, in its argument to FIFA, FUB prayed for an order compelling GU to compensate the player for the remainder of his contract. Parallel to this process and some time at the end of February 2016, Bismarck had through his legal representatives, International Sports Law Centre wrote to Nicolas Zakhem demanding that the player be paid the 16 months left on his contract, according to FIFA article 21 and 67 paragraph 1 of the FIFA Status committee and the Dispute Resolution Chamber conditions for professional players. GU was therefore asked to pay a total of USD39 000 for the remainder of the contract.
When asked why the opted to report the matter to FIFA, FUB secretary general Kgosana Masaseng said, in 2016 when they were handling the matter, the current dispute resolution chamber was not yet established. On the merits of the case, Masaseng said as FUB, they felt that the unlawful termination of players’ contracts was designed to damage the players standing in the eyes of future potential players.
After Bismarck left the country to try his luck in Eastern Europe, FUB agreed to hand over the matter to his lawyers led by Ercan Sevdimbas. Two years later, this matter now seems to be far from over. It turns out that GU has been ignoring a FIFA Dispute Resolution Chamber judgement issued on the 29th September 2016.
It therefore came as no surprise that in March 2018, FIFA through the deputy secretary of the disciplinary committee, Alexander Jacobs notified GU that they had not acted in accordance with the decision passed by the dispute resolution chamber judge in 2016. The communique said, this was a violation of article 64 of the FIFA disciplinary code and as such, it will be the subject of an investigation by the FIFA disciplinary committee. The committee has therefore initiated disciplinary proceedings against GU in respect of a violation of article 64 of the Dispute Resolution Chamber.
Furthermore, the letter from FIFA to the attention of the association hints that GU’s case will be submitted to a member of the FIFA disciplinary committee for evaluation in accordance with Article 78 of the FIFA disciplinary committee so that disciplinary measures (fine, deduction of points, and relegation to lower league) may be imposed on the club.
In light of this, FIFA urged GU to immediately Bismarck the outstanding amount due (USD39 500 plus 5% interest per annum) to be calculated in accordance with the decision of the Dispute Resolution Chamber judge dated 29th September 2016.
GU was given until April 3rd 2018 to pay the outstanding amounts. Accordingly, the team had not met the deadline by press time and it now appears that the matter will be submitted to a member of the FIFA Disciplinary Committee for consideration and a formal decision is expected within the next week.
When reached for clarity GU’s Secretary General City Senne said they have communicated with FIFA on how they can play the player. According to Senne, the team is waiting FIFA reply. According to an insider at the team, although Bismarck was signed by Dragojlo Stanojlovic, the coach did not believe in the services of the player. The source said the club is in this mess because of the coach who is also in the process of filing a claim against the team for the unfair termination of his contract.
Meanwhile FUB has indicated that after a landmark agreement with FIFA, players’ welfare issues have been given a priority. “The BFA has also joined other associations by establishing the Dispute Resolution Chamber and we are pleased with this development as most of our players have been subjected to a lot of unfair labour practises,” Masaseng said.
Takeover talks inside Mochudi Centre Chiefs boardroom appear to have collapsed following months of intense persuasion between Chairman Thapelo Tsheole and apparent shareholders, Matshidiso Sexton Kowa and one Tsieng Ramotsha.
Both Kowa and Ramotsha are equal shareholders of Mochudi Center Chiefs PTY Ltd, as per Companies and Intellectual Property Authority (CIPA) records.
It is said that the current Chairman has grown exasperated with the failure to make significant progress where he wanted to professionalize the club and turn it into a footballing company.
Sources speaking with WeekendSport state that Tsheole wants both Directors to cede 75 percent of their shares to society as he believes the transitional route from society to a company has been bypassed.
Tsheole officially raised his hand for the first time this year, in an attempt to bring an end to more than a decade spell of Chiefs’ ownership, and appeared to have pinned his hopes on reaching an agreement with both Kowa and Ramotlhwa because of their status and good standing as former Chiefs administrators.
However, he now feels he was wrong to believe he was serious in his attempt to cajole the supposed club owners and those close to him have also said he feels he is now wasting his time speaking to them.This follows unsuccessful negotiations where both Directors were alleged to have been left in utter shock concerning the approach and presentation of the Chairman.
While the two Directors would not be drawn to comment, it is said they are both hamstrung to divulge deeper details to Tsheole because of his ambition to transform the club.
Tsheole, who is also the Chief Executive Officer of Stock Exchange was surprised when he tried to register a commercial footballing company on behalf of Mochudi Centre Chiefs. He deliberately chose the ‘Mochudi Centre Chiefs’ name because of its popularity as it remains a brand country wide.
He found out that the company name already exists and is under the directorship of both Kowa and Ramotsha.When approached for comment Tsheole could not field any of WeekendSport enquiries but refereed the paper to Pollen Makgane who is the club’s Public Relation Officer.
Makgane confirmed that there are ongoing talks between Chiefs’ current committee and club directors to help in transformation. He said it is not an easy exercise as a lot of understanding has to be done to appreciate the two side of the story.
“I want us to protect the status of the two directors but what is more important is that talks are not as smooth as we had expected. You will recall that Tsheole was given the mandate to transform the club but now there is a deadlock of club ownership,” he said.
While Mochudi Center Chiefs PTY LTD was registered sometime in February of this year, there was another company, Centre Chiefs PTY LTD, associated with the club which has been in existence since the early 1990s. This is the same company that acquired a 7 hector piece of land in Mochudi.
The company had 7 directors namely Victor Kowa as the Executive Chairman, Ezekiel Mooki who was appointed the Technical Director, Serake Mfollwe holding the post of director of Marketing and Public Relations, Simon Mmopi coming as Director of Development, Mac Lean Letshwiti holding the fort as Director of Finance, Sexton Kowa who was Youth Development Director and Kgafela Kgafela who occupied the post of Director of Legal Affairs and Board Secretary.
Fresh from losing the Botswana Football Association (BFA) National Executive Committee elections, Tebogo Sebego’s aspiring Vice Presidents, Maokaneng Bontshetse and Senki Sesinyi have immediately lodged a protest, arguing that elections were not free and fair.
Of particular interest, the two rejected vice presidents question the involvement of BFA staff members in the counting and verification of ballot papers.
Their arguments rest on Article 20 of the electoral code which reads thus; “only members of the electoral committee may take part in the count.”
Furthermore, Sesinyi, who lost the elections to the eventual winner Masego Ntshingane, argues that Article 16 of the electoral code was flaunted especially during run-off.
The article states that the ballot paper shall be of a different colour for each round of elections.According to Sesinyi’s observations, BFA electoral committee did not use a different colour when the election went to second round.
“The above was not followed as BFA secretaries [sic] was conducting elections which contravened the above section as evidenced by the observers and submitted on the day of elections to the elections officers present. Evidence shall be provided if needed,” Sesinyi wrote.
Sesinyi also submitted that there were allegations of bribery which were doing rounds on the day of elections and even after, something which might have impacted on the outcome of election. In conclusion, Sesinyi seeks fresh elections for all candidates as all processes were not followed.
On the day of the elections, Sesinyi was stationed at Jwaneng where he was eventually voted by 23 delegates out of possible 60.On the other hand, Maokaneng submissions are somewhat similar to that of Sesinyi especially on arguments of Article 20. But he built his case around an alleged spoilt vote that appeared to have cost him the win.
Maokaneng argues that article 21 of the electoral code was violated because, by his own admission, there was no invalid ballot paper as per the definition of the article.“My vote was not counted, reasons known by the secretariat who was verifying and conducting elections by helping the electoral committee member and further ignored Mr Leaketsa’s advice,” Bontshetse submitted.
He further argues that his ballot paper did not have any distinctive marks as defined by the electoral code. The ballot paper did not also bear any words except that of the candidate and could not be labelled as spoilt vote.
It turned out that Bontshetse’s vote was mistakenly thrown into a different box by a delegate but the electoral committee took a decision that it must be regarded as a spoilt vote. This occurred at Palapye voting centre.
“I refer you to the verbal protest that was lodged by an observer at Palapye regarding the counting of the ballot on which a vote under my name was disqualified without any valid reason, therefore contravening the electoral code,” he further submitted.
In conclusion, just like Sesinyi, Bontshetse seeks fresh elections for all candidates. He lost the post to Marshlow Motlogelwa. Bontshetse was voted by 28 delegates while Motlogelwa got 29 votes.
Mogakolodi Tsotso Ngele will continue to be a resident at Limpopo Province after penning a two year deal with Tshakhuma Tsha Madzivhandila Football Club. PIC: BACKPAGE
Ngele was formerly with Black Leopards where he endured a trophy-less season under different coaches. Leopards is also based in Limpopo province and will share the Thohoyandou stadium with Tshakhuma Tsha Madzivhandila.
Tshakhuma purchased the premier league status of Bidvest Wits few months ago.Ngele is expected to be unveiled alongside mega signings in the mould of former Mamelodi Sundowns and Orlando Pirates midfielder Oupa Manyisa and Thabo Mnyamane of Supersport United.
Ngele left Black Leopards during the bio-bubble after it was discovered he had signed a pre-contract with Wits before the club was sold.Before agreeing a deal with TTM, Ngele was said to be torn between playing for one more year at South Africa and coming to Botswana to play for high paying Township Rollers.
The Rollers decision was to hinge on his private business where he wanted to monitor it closely. He owns a sporting clothing label and has already signed a two year deal with Notwane FC.Ngele’s career at Leopards blew hot and cold.
He only enjoyed his stay when his former coach Calvin Johnson was at the helm. He played crucial matches and his stunning free kick against Soweto giants Kaizer Chiefs is still remembered by his followers.However, there have been many other factors at play.
It is said Ngele’s future at Black Leopards encountered problems of many kind. His future was believed to have been dulled by injuries and a confidence that strangely refused to bloom.The player was also said to have broken ranks with Leopards management where he shocked them when playing for the senior national team late last year albeit claiming to be suffering from a thigh injury.
Ngele went to South Africa on the books of Platinum Stars. His marvellous seasons with the club left Sundowns impressed and they wasted no time to sign him on a five-year contract deal.
This was after winning himself a couple of Man of the Match accolades before scooping the Telkom player of the season in the 2015 season.