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.
The case involving the improper registration of Township Rollers left back, Onkarabile Ratanang which has been dragging for a long time since the beginning of this year was finally put to bed this week after Botswana Football League (BFL) Disciplinary Committee (DC) found Mapalastina guilty.
In what shocked many football fanatics this week, Popa Popa as they are affectionately known by their legion of fans were fined P15 000 for using a defaulter in some of their league matches. It must be noted that no team officially filed a formal protest against Rollers. In April this year, Botswana Football Association (BFA) Secretariat conducted investigations into registration of Ratanang and discovered that the player was registered outside the transfer registration period.
According to a statement from secretariat, it revealed that BFA registration period was from 13th July 2021 to the 30th September 2021 but Ratanang was registered on the 28th of October 2021 and this was done contrary to the rules and statutes of the BFA. After the investigations were conducted, two officials from Rollers and a former BFA employee Setete Phuthego who are alleged to have been implicated in the registration of Ratanang were suspended from all footballing activities.
The two Rollers officials were, General Manager Sydney Magagane and Team Manager Motshegetsi Mafa. However Mafa’s suspension was withdrawn on June 27 though there was no disciplinary hearing conducted. Rollers was represented by Bennett Mamelodi who is the CEO of the club together with Kgosietsile Ngaakagae and Martin Dingake in the Ratanang case. The Botswana Premier League (BFL) Prosecution team was led by Chalengwa Manyepedza, Bojosi and three other members.
When delivering the long awaited judgement on Thursday, Manyepedza who is the chairman of BFL Prosecution team said there were two mitigating factors in favour of Rollers with the most important aggravating factor being the seriousness of the offence. “To their benefit and it has not been violently contested to suggest otherwise, Rollers approached the BFA office for help (in their words) and curiously the BFA office that ought to be custodians of the system allowed the request and thereafter kept quiet about the matter,” reads part of the judgement.
“It is a matter of record that Township Rollers have maintained that the situation central to the case was facilitated and somewhat sanctioned by the named BFA officer who received the application albeit out of time as it has been established but still proceeded to procure the registration and clearance of the player and thereafter kept quiet about the matter.”
Furthermore Manyepedza indicated that there is a problem in the BFA office in terms of governance and adherence to controls judging from what allegedly happened. He further said whilst the BFA junior officer claimed that they were directed by a superior officer to assist the accused, “there has been nothing more placed before us to support the argument that Rollers were the only party with dirt on their hands in his case.”
He went on to emphasize that the committee finds that the appropriate sanction should also pronounce that the respective office of the BFA that facilitated the transgression was also remiss and complicit in their discharge of their functions. “As stated in the main judgement the player was a defaulter and the issue of his status did not arise from the protest or complaint or in any way as contemplated in the BFL Disciplinary code. It must be emphasized that the case would been different if all the issues had an aggrieved party or if any would have followed the set procedure in the BFL code,” he said.
Manyepedza said after taking all relevant factors into account including the demands of justice, the committee finds it fitting that the possible punishment in the matter to be prescribed above at clause 6.3 to be a fine of P15 000 and that the fine should be paid within 3 days of the judgement. In conclusion, he cautioned Rollers to refrain from any further acts of being negligent or clumsy in discharging their office functions to end up seeking favours from officials. Manyepedza also advised Rollers that they have 10 days to appeal the judgement.
Youthful coach Wame Mokoke has come out with guns blazing to the Extension Gunners official who he said recruited him back to the club after he dumped them for greener pastures at Jwaneng Galaxy but failed to deliver on their promises.
Pepe Zino, as he is otherwise known, then joined Galaxy on a 2 year deal to deputise head coach Morena Ramorebodi but 2 weeks later retraced his steps back to Mapantsula, a move he highly regrets. “That guy (name withheld as the issue is now before the courts of law) counteroffered what Galaxy had offered, promised to timely pay my salary from his company on behalf of Gunners and also promised me a 4 hectare piece of land at Dikgonnye, that is what really lured me back but he failed to deliver, ” Mokoke said in an interview with this publication.
After rejoining Gunners much to the allured charm that was dangled in front of him, Mokoke timely received his first month salary back in January but nothing thereafter as the unending stories began. “I could be far by now as Galaxy offered me an opportunity of a lifetime. They even promised to further my coaching badges but look at where I am now, “Mokoke disappointedly explained.
However, Mokoke said he has approached the labour courts for his defaulted payments and as for the piece of land, he registered the case with the High Court of Botswana and they are set to appear for a hearing on the 6th of August. He further added that he has proof of all the documents the official allegedly signed before his own laywers to authorise the land giveaway and the promise of monthly salary payments and furnished the judges with them.
A week ago Mokoke went back home as he was unveiled as the new First Division side Mahalapye Highlanders head coach on a 2 year deal and said he is excited about the new challenge that lies ahead of him as the management gave him attainable goals. “They simply asked me come and help them get promoted back to the premier league by building my own team and promised to avail the resources. I have also been given the authority over the establishment of our junior teams.
To try and achieve all these in a space of 2 years is a fair requirement,” he added. One of the projects Mokoke envisions is to try and unite the people of Mahalapye in terms of trying to get fully behind Highlanders including the supporters and the players in and around the Mahalapye area.
For starters, Mokoke said he wants to alter the tradition that has ingrained at Highlanders as majority of the players there were not from the team’s area of abode and he wants to give Mahalapye players a chance in order for them to don the blue and white of Highlanders with pride and sense of belonging and to steer the ship.
Furthermore, Mokoke is equally peturbed by the trend among the football fraternity of local coaches being undermined while their foreign counterparts enjoy prestigious welfare albeit being equally qualified as them. “Let us change the welfare of our local coaches who have oftentimes showed that they are equally qualified and capable like foreign coaches. Let us invest in our own and also empower them,” said Mokoke in a parting shot.
Botswana shall be sending a team of 34 athletes to represent the country at the biggest games of the 2022 calendar year, the Birmingham 2022 Commonwealth Games, officially known as the XXII Commonwealth Games.
The Games are slated to take place between the 28th July and 8th August 2022 in Birmingham, England. According to BNSOC, Botswana has been accorded thirty-five (35) slots at the upcoming games and has been able to qualify outright one athlete from the Botswana Weightlifting Federation making the total team size thirty-six (34), the largest team to be fielded by less population country thus far.
In celebrating and lauding this feat by team Botswana, , the British High Commissioner to Botswana, Her Excellency Sian Price recently hosted an intimate reception for the team, at her residence. “Consider this little bit of the UK in Botswana the first stage on your journey to Birmingham. It’s not just me that is excited to have you here, the city of Birmingham is very excited to welcome you, and they are welcoming you and all other family members from across the commonwealth because we are a family of nations, and we enjoy these celebrations that introduce the coming together of family to play together, to celebrate together and to strive together for excellence,” said Price.
Price said this will be the most inclusive Commonwealth Games ever, with more para sports than ever before and for the first time in history this makes me excited; there will be more medal events for women than for men. When addressing the athletes, BNOC CEO Botho Bayendi reveals to ‘unveil’ the concept that is believed to be mastered seed that will grow and bear fruit as they go to Birmingham from today up to the day of departure in 2024.
“As BNOC we have partnered with BITC, and BNSC to conceive a concept called the first, the best and the number one. In this concept, we are trying to persuade the mindset of the people to say that sports is for sports for live, sports generate joy to us all and sports unite,” she said. Bayendi further explained that this is a concept where they will be approaching individuals and companies who in their line of business have been classified as the best of the best or the number one.
“We intend to leverage the national unity behind sports in relation to the ultimate sports excellence. We are saying that we want to create an atmosphere where everybody, every national of Botswana will relate positively with the sports excellence and will be contributing that excellence,” she said. “The Olympic Games are guided by the values of excellence, friendship, and respect. Therefore, we want to be selling these values and allowing everybody, the company, individual to relate with these values.”
For his part chairman of Botswana Olympic Association France Mabiletsa, a former Olympian, said athletes should dream big so that those who come after them will enjoy and benefit from their dreams. He advised them to just enjoy their sport. “Don’t take drugs, don’t dodge from the camps because the moment you start dodging, or you don’t come back you will be punished severely,” he said. Standard charted bank CEO Mpho Masupe said it is important that as athletes they look in the long term and see where they can excel so that they know whether they could make a good coach, teacher, or instructor, saying they should not limit themselves.