A long-winded case between the Botswana Football Association (BFA) and one branding and marketing company, Fresh Brands, has finally come to a crushing end with the former winning a legal battle following the court’s pronouncement that there was glaring lack of proof and evidence from the company involved.
Fresh Brands had sought legal redress, claiming that they played a crucial role in negotiating with Orange in 2018, on behalf of BFA, for the network giants to sponsor the famous FA Cup at a value P 12 000 000.
This is the action in which the company claimed an amount of P 1 200 000 from BFA, who are the apex body responsible for administering local football. Fresh Brands, from the court papers, argued that they are entitled to 10% commission. However, it came to the fore that the claim was based on an oral agreement between the two parties and nothing more.
In arguing their case, Fresh Brands called two witnesses, one a former employee of Orange Botswana and the other being their former employee. Moreover, Fresh Brands, had intended on calling two other firm witnesses being the Chief Executive Officer of Orange and another person who seemed to be involved in football affairs but not formally employed by any of the parties.
All the while, the court found out that on June 6th, 2017, both BFA and Fresh Brands entered into a written agreement where the company was to provide certain services to the association. Amongst the services expected was Brand Development, Management Services, Marketing Communications, Event Management, Public Relations Management, Sponsorship and Corporate Social Responsibility programs.
In terms of the agreement, Fresh Brands were to be paid a monthly retainer fee of P 20 000 including VAT. Furthermore, the complainant was to be paid 8-10% commission on the self-initiated sponsorship deals that have been approved by the association.
For all purposes of record keeping, the contract was to run for a period of 36 months. It has also come to the fore that in terms of schedule thereto, the commencement date was 23rd of February 2017 and the expiry date being the 23rd of February 2020. This is despite the fact that the agreement itself was signed on the 6th of June 2017.
However, the court established that during the course of the agreement, Fresh Brands became engaged in soliciting sponsorship for the association. Of particular importance was the sponsorship for the FA Cup which was being negotiated from Orange Botswana. The court records that certain meetings pursuant to the same sponsorship as well as presentations were held between Fresh Brands and Orange Botswana.
Later, it would appear that there was a back and forth between Orange Botswana and Fresh Brands and when a certain official of Orange by the name of Sandra Moreau left for her home country France, the whole sponsorship process was stalled. Court records that Moreau was the main driver of the entire process, representing Orange Botswana.
However, it turns out that the association sent a communiqué to Fresh Brands in August of 2017, giving them a 30 day notice to terminate the agreement aforesaid. The association argued that the termination was on account of financial constraint.
Moreover, the association promised to engage with Fresh Brands on need-be basis and details of such agreement were to be further discussed. BFA further bind themselves that they will settle the outstanding payment due to Fresh Brands. Of paramount importance, the court found out that at the time of termination, the Orange Sponsorship negotiations were not concluded but stalled.
It also does not appear anywhere that payments from the association to Fresh Brands were made regarding the efforts made in respect of securing the sponsorship. However, the company was paid all that was due to it, including the retainer fee of P 20 000 per month.
The company had argued that they were rather stunned by the turn of events when BFA and Orange entered into a sponsorship agreement and whose massive launch was conducted and announced in 2018. The companies cried foul that they were cheated along the way and strongly argued that they entered into oral agreement with the association after the termination was done.
In determining the case, the court had to rely on the fact of the existence of an oral agreement as alleged by Fresh Brands. It came to one conclusion; Fresh Brands failed to provide enough proof with regards to the oral agreement.
What in fact happened is that Fresh Brands felt entitled that they did a lot of work towards securing sponsorship before the termination of the contract was done.
The court states that Fresh Brands should have found a way within the terminated agreement of getting rewarded in respect of the work done to pursue the Orange sponsorship, but the company chose to allege an oral agreement.
Furthermore, the court said that the company failed to pursue the attendance of Orange CEO Dr. Benon and one Fobby Radipotsane who could corroborate his allegation of an oral agreement. The court said that was flimsy on the side of Fresh Brands in view of the fact that the same witnesses had been subpoenaed.
Fresh Brands was therefore forced to agree that without its witnesses, the case automatically falls off and consequently dismissed with costs.
The Botswana national boxing team recently returned from the zone 4 championship held in Mozambique. The team was led by head coach Thebe Setlalekgosi, two assistant coaches, Gibson Rauwe and Pearl Mooketsi. Two referees and judges, Gaseitsewe Ponatshego and Linda Mooketsi.
In the women’s category, Lethabo Modukanele was representing Botswana in the 48 kg division, while Phekie Bele and Sadie Kenosi were competing in the 57 kg and 60 kg categories, respectively. In the men’s category, Kobamelo Molatlhegi was representing the country in the 52 kg division, while Rajab Mahomed was competing in the under 51 kg category.George Molwantwa was competing for under 57 kg category and Treasure Moremi was competing for under 60kg category.
The boxers came home with seven medals, Modukanele came home with a gold medal, Kenosi, Rajab, Molatlhegi all came home with silver medals. While Moremi, Molwantwa and Phekie Bele all came home with bronze medals.
According to Moitshepi Nkabiti, the public relations officer of the Botswana Boxing Association, the team performed well and that they were hoping that Rajab would also bring home a gold medal. However, due to an eye injury, he could not participate in the finals.
He stated that, “though some people might think that how our team performed is not an achievement it is a big achievement to us. Other countries came with 19 boxers while we only came with our seven boxers, and they all came back with medals. That is something that we have to be proud of I really commend them for their performance. Having 5 players making it to the finals is really a blessing and we should not take it for granted.”
According to Nkabiti, Botswana was ranked fourth in the zone 4 championship, which was held in Mozambique. Other countries that participated in the tournament included South Africa, Zambia, Eswatini, and Seychelles. They all had a total of 19 boxers. Lesotho also had eight boxers.
The first Mascom Charity Cup spectacular has come and gone. The football event played at Obed Itani Chilume Stadium saw four football clubs playing one-day tourney with various charity centres being beneficiaries of the gate takings.
While the attendance was not at the expected level, it is said that the sponsor has made a killing with close to P500 000 made from voting lines. Football followers were asked to vote for teams of their choice, and top four clubs were eligible to play. A single sms voting line cost P 1.50.
Gaborone United became the most voted team with 62 984 votes followed by Security Systems with 51 027. On the third spot was BDF XI with 48 596 votes while Orapa United came forth with 44 401. Shockingly, Township Rollers did not make it after gathering a total of 30 637 votes, with BR Highlanders ahead of them having seen 44 204 votes to their name.
It is said, however that, the initiative live to expectation as clubs together with the sponsor have managed to assist charities of their choices. Mascom is believed to be happy for identifying beneficiaries and getting value for their money.
The mobile network company is still the longest standing partners of local football, having first tasted waters in 2005. The company now powers the Top 8 competition and said to have renewed the dame sponsorship at a value not exceeding 18 million. The Mascom Charity Cup was not the first to be hosted by a mobile network company.
In 2018, Botswana Telecommunications Corporation (BTC) hosted a similar event in which followers had to vote. The four participating teams were Mochudi Center Chiefs, Gaborone United, Orapa United and Township Rollers. GU were the eventual winners.
It is however not clear if the tournament will continue in the next football calendar, but what goes down into the history books is that Teenage Mpote and Orapa United were the first to win it. In previous years, there have been an off season tournament whose aim was meant for charity purposes. The tourney was called Kabelano Charity Cup and was usually played by four big teams (Rollers, Notwane, GU and Chiefs) without taking the voting routes. It was last hosted in 2015 and had Barclays as the sponsors.
Yet another thrilling showdown is expected between the country’s hottest strikers, Thabang Sesinyi of Jwaneng Galaxy and Thataoyaone Kgamanyane of Gaborone United, as the duo are eyeing for the 2021/2022 Golden boot.
With only four Botswana Premier League (BPL) games left, the race for the honours is rolling towards a thrilling climax, but for two individuals there is a race for an accolade of their own taking place that could easily go down to the final minutes of the season. Leading the pack with 19 goals is Jwaneng Galaxy talisman, Sesinyi who is one goal apart from Kgamanyane who has netted 18 goals thus far.
Both players have their eye on the golden boot, hoping that their respective teams have fixtures to put them in with a realistic chance of catching up, or leaving the other behind. The Money Machine is currently at the summit of the BPL log with 61 points while the mining giant, Galaxy are trailing on the third place with 49 points, having played 24 games thus far.
Both teams (GU and Galaxy) are expected to face each other towards the end of the season, as the initial fixture was postponed due to Galaxy’s involvement in CAF championship group stages. With 19 goals chalked up for the season so far, Sesinyi is just one goal away from Kgamanyane who led the race for the better part of the campaign. Sesinyi who is on freakish scoring form has scored four goals in his last two games; a hat trick against Prisons XI and a goal against Sua Flamingoes in the midweek fixture.
But there is no doubt that Sesinyi is no longer playing to carry his team, Galaxy, as realistically there is a slim chance for them to clinch the 2021/2022 season, but he is eyeing the Golden Boot Award when the league falls off.
Kgamanyane has begun the season in tremendous form; scoring every time he is given a chance, while Sesinyi, on the other hand, reached the peak of his form in the second round of the season; scoring both in the domestic league and also on the CAF Champions’ league group stage. He featured on team of the week on February.
Furthermore, the Money Machine attacker showed some growth as his conversion rate has been on a rising graph in the games he has so far played. Although Kgamanyane’s goal scoring prowess has been there for everyone to see, the player has been hampered by injuries. It promises to be a fascinating battle between the duo.
Meanwhile, BPL this week announced that they will hold the 2021/2022 awards. The league has since added seven new categories to take the total number of categories to 16. Among some new categories are the Defender of the Season and Midfielder of the Season awards. There are also two more awards for the administrators, as the league has included Team Manager of the Season and the Public Relations Officer (PRO) of the Season awards.
The best performing players in this campaign will be included in the Premier League Best XI. Nevertheless, match day officials have also been recognised with the introduction of two more categories in the young Referee of the Season and the Female Referee of the Season. Furthermore, BFL CEO Solomon Ramochotlhwane indicated that the awards will be held on the 25 June 2022, just after the 2021-2022 season comes to an end.