The reigning Mascom Top 8 Champions, Gaborone United (GU), are bracing themselves for a potentially gruesome legal battle with former player, Bakang Moeng, whom they accuse of failing to pay a schools fees loan advanced to him.
Moeng is no longer a GU player. It has come to light that what caused the team to choose securing their money through legal means is the lapse of the player’s contract. When it became crystal clear that the two were not reaching any agreement on the matter, the Gaborone based outfit then moved swiftly to instruct their law firm to file a claim against the player.
But that was not before Moeng took the team to labour department where he sought the assistance of government to claim his terminal benefits from his former employer. The case has been moving between labour officials at the block 8 offices since January this year. It went through four mediation sessions.
Eventually, on March 27, 2015, a mediator issued a letter of demand to GU, directing them to pay Moeng an amount of P12 302.70, being the value of his terminal benefits. The labour office reasoned that their conclusion that Moeng deserved the money was derived from convention 102.
The said amount was supposed to have been settled on or before April 12, 2015. A letter of demand given to GU warned that failure to abide by the directive would cause the government office to evoke section 145(a) of the employment Act.
GU did not pay the money. In fact they have made it clear to Moeng that they are not going to pay any money to him and, that he is at liberty to pursue the matter however he chooses. And just five days before the deadline, which was on 07 April, the country’s arguably second most successful team came back with guns blazing.
They sent a counter claim through their lawyers, demanding that Moeng pay them P28 000. They say the money was an advance loan for his tuition fees at Botho University where he studied for a Bachelor of Science degree (Honours) in Network Security and Computer Forensics.
The GU counter claim explains that sometime in July 2014, through Zac Construction (Pty) LTD, they entered into an agreement with Moeng to advance him a loan to cover his tuition fees. A part of the agreement was that the player would repay the loan through P1,500 monthly instalments. The repayment was scheduled to commence at the end of August 2014.
GU’s letter of demand accuses Moeng of having been in breach of loan repayment agreement plan; that he has failed to make even a single payment. The letter further demands that Moeng should settle the amount in three days, cautioning that failure to do so would cause the team to issue a summons against him.
It appears that GU started financing Moeng’s tuition fees from his first contract. When the contract ended, the payment was continued as part of the renewed contract. It was then agreed that Zac Construction would take over such costs and later file for a training levy claim with the Human Resources Development Council (HRDC).
It remains to be seen whether Zac Construction would be called to give evidence should the matter be argued in court. Asked about the lawsuit, Moeng could only confirm that he has been slapped with a claim by his former employers but would not field any further information on the matter.
However, it has also come to light that he has denied owing GU the P28,000. He has already engaged his law firm to argue the matter for him, according to a source close to this development. Information availed to WeekendSport suggests that GU has availed as evidence, a receipt and copy of the payment made to Botho University on behalf of Moeng.
WeekendSport has further established from a source close to the team that it [GU] was never going to ask Moeng to payback the school fees had he not slapped them with the P12, 302, 70 demand letter over his terminal benefits.
The Botswana Football League (BFL) house has never known peace since its establishment in 2020. The company’s directors and shareholders, built to professionalise the elite league, are seemingly in a wild goose chase, leaving footballers’ dreams to shatter amid ‘man-made’ sporting adversity.
The BFL titanic has hit an iceberg, and the stewards and captains of this ship are struggling to bring it to calmer waters. This infighting and militancy have attracted the eye and wrath of the Minister of Youth Empowerment, Sport and Culture Development, Tumiso Rakgare, whom sources say is readying himself to prepare a tell-all meeting with the 16 premier league clubs chairpersons in the next coming weeks.
It is said that the Minister is concerned by the lack of progress at the league that should be ordinarily a flagship of Botswana football. As the Minister of Sports, Rakgare is disappointed by the crusade of blames and figure pointing at the boardrooms while essential issues like sponsorship and safe return to play are not adequately addressed.
It is said that the Minister has silently observed that the league house is moving in circles, and time wasted never returns. He is shocked that these chairpersons are incurring unnecessary costs paying players, yet they delay the return of football. When approached for clarity, the Minister could only say he is on leave and will only talk about sports matters when he resumes duty.
“I am not going to comment on anything concerning sport; for now, I am currently on my leave days to charge my batteries; talk to me after two weeks or so,” he briefly commented via a telephone interview. To this date, the BFL board has had two chairmen in as a space of seven months. Township Rollers boss Jagdish Shah was its maiden chairman during its formative stage, and Nicholas Zakhem assisted him.
It said significant progress was made to source sponsors, but what later led to factions and divisions inside the board is not adequately established. When Shah was removed, Aryl Ralobala was installed as the second chairman, but his stay has been rocky right from the beginning.
He was confronted with taxing sponsorship and broadcasting deals but what would later complicate his tenure is the burning issue of a mooted loan agreement with the Botswana Football Association(BFA). All these combined were complicated by the inability of the previous board to proceed with a smooth handover.
The BFL structure was first established in August 2020. One of its mandates was to divorce itself from the football association and negotiate key sponsorships for itself. This autonomous idea was rubber-stamped at the previous BFA general assembly.
Once the BFL fully gained independence, BFA was to give it a playing licence, and the FA will have a minor share of the profits made within a football calendar. In this company, all the 16 premier league clubs have equal shares. But at the end of every season, relegated clubs transfer their shares to newly-promoted clubs.
The spirit of brotherhood at Lekidi Football Centre has indeed fallen apart. Evidence of this development emanated at the recent National Executive Committee (NEC) meeting where the Botswana Football Association (BFA) is reported to have repeatedly fluffed lines to bring football’s most shrewd schemer, Nicolas Zakhem, to book for what they term ‘undermining leadership.’
The association is said to have noted with utmost concern that Zakhem, the chief investor at Gaborone United, has on several accounts, poured scorn over BFA leadership for failing football and went on to call for their resignation as things continue to fall apart.
Moreover, the Lebanese business mogul has come out from the shell and punched holes on the administrative head of the newly formed establishment, Botswana Football League (BFL), arguing that, they too, have fallen by the wayside while attempting to professionalize the local football.
Wary of these continuous onslaughts by the Zakhem, BFA feels the man is out of order and ought to be hauled before red burning coals for undermining leadership. Sources say the association wants the ethics committee to apply its mind over Zakhem’s previous uttering and tame him for good.
Zakhem, whom football observers agree was the kingmaker as MacLean Letshwiti, and his troops triumphed over Tebogo Sebego’s allies at BFA general election held in October 2020, is believed to have fallen out of favour with the Letshwiti regime. The proof of the pudding was when he ate up Letshwiti administration during an interview on Gabz FM roughly two weeks back.
However, the association’s NEC is said to be torn apart as relationships continue to decay. Reports suggest that quite a handful of them are not entertaining the idea of reprimanding Zakhem, and even if push comes to shove, it is not the mandate of the NEC to spell a final determination on him. At the same time, judicial bodies of the association are available and functioning.
The Zakhem issue, burning as it is, saw Letshwiti’s troops coming face to face with him for the first time since assuming office. Sources claim that the members were not coy about calling a spade a spade that the BFA boss is also out of his mandate by ruling with an iron fist and should try by all means to uphold the constitution of the association. Indications are that the members are not impressed by the current state of football affairs and want a plethora of issues to address other than tailing and chastising other football administrators in the name of ill-discipline.
However, sources say there is strong determination to bring Zakhem to book by hook or crook. Meanwhile, the BFA has allowed their legal advisor to study the matter and advise on the way forward. When approached for comment, BFA legal advisor Pako Moakofi said he was not able to speak as he was still attending to his health issues.
The issue of Zakhem is also said to have lifted the lid off another NEC member’s matter. Last year, Carlos Sebina, former Tafic Chairman, was relieved of his duties after being accused of conniving with the enemy to betray and sabotage the association. The decision came when Botswana was preparing to play a crucial tie against Zimbabwe in AFCON 2021 qualifiers. Sebina was the medical committee chairman and had previously won the NEC seat as the only member from Sebego’s side.
Zakhem himself is out of the country and cannot be reached to provide further clarity, but sources close to him told WeekendSport that he is fully aware of the ongoing matter. It is no longer in doubt that BFA elephants are fighting, and it is the football grass that will suffer the most.
Botswana Football Association (BFA) contends that football is an industry that employs everyone from different sectors of the economy and will argue this point until the COVID-19 Task Force fully comprehends it.
The move comes to the fore after the association, this week, held an emergency meeting with Botswana National Sport Commission (BNSC) to deliberate on possibilities of allowing footballers to resume training. At the same time, sporting activities remain suspended as a COVID-19 containment measure.
The BFA, BNSC held a meeting to establish the impact of suspending sporting activities on football. The BFA argues that considerable effort was initiated to return to play. Although sources say it was the first phase of deliberations, another meeting is scheduled for Wednesday with the Minister of Youth Empowerment, Sport, and Culture Development, Tumiso Rakgare, to further find a common understanding.
Sources contend that although the atmosphere was a bit tense at the beginning, discussions were fruitful, with the Ministry of Sport promising to discuss the matter with the Coordinator of the Task Force, Dr. Kereng Masupu.
The uptight mood cascaded when Rakgare complained about the leakage of confidential information to third parties, especially the media. It will seem the minister was not happy at how the BFA meeting together with theirs was to be known by outside parties before a conclusion is reached. The ministry expressed its frustration concerning the slow progress of BFA as far as the resumption of football was concerned.
A senior administrator in the ministry complained that BFA was dilly-dallying even before the government suspended sporting activities. When asked to give clarity, the BFA Chief Executive Officer (CEO) Goabaone Taylor said it would be remiss of her to talk about the details of the meeting, especially when the time was not right.
“Even the ministry had to gag us because we find our confidential information littered everywhere. I am afraid that is not right, and should it persist, it can damage the confidence and the talks we are having with our partners,” she said when asked about her presence during the Wednesday meeting.
BFA, in the meantime, says their position paper does not change. They have argued that football is the only code that employs masses, and the continuation of sports ban hampers and jeopardizes contracts with various stakeholders, including players and sponsorships. Moreover, BFA says companies are reluctant to commit to football because the ban brings much confusion on the way forward.
Furthermore, the association argues that football is the biggest revenue spinner, estimated to be around P55 million. They say the game employs over 3 000 people directly and provides over 9 000 indirect jobs countrywide. Over the years, when football was in full flight, the game raked about P 26 000 000,00 in sponsorships while 4 000 000,00 came from broadcasting deals.
BFA will therefore play a waiting game while the suspension comes to an end in a week and will hope the game will never be clamped down again, which will allow the 2021-22 season to commence.