Connect with us
Advertisement

BFA wins Orange deal court battle

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.

Sport

BFA slow-stepping efforts in Wilson’s quest for citizenship?

18th March 2024

A quarter of a year ago, Zebras’ strategist, Didier Gomes Da Rosa, took a decisive step by enlisting midfielder Brandon Wilson, who flexes his soccer prowess at Ha Noi Football Club (FC) in Vietnam.

Yet, the 27-year-old sensation found himself benched before the game even started, due to his Australian nationality, despite his roots firmly planted in Gaborone, Botswana.

Fast forward to today, and Wilson’s name is still missing from the latest Zebras’ lineup for the forthcoming four-nation friendly extravaganza set to unfold in Madagascar.

Pundits from the local football arena argue that this tournament, starring The Zebras alongside Madagascar, Rwanda, and Burundi as hosts, presented a golden ticket for Wilson to unveil his skills, merge his playstyle with his teammates, and pass down his seasoned insights to the squad.

Looking ahead, The Zebras face a rugged path in their 2026 World Cup Qualifiers Group, battling titans like Algeria, Somalia, Guinea, and Uganda—teams studded with Europe-based talents. Integrating Wilson into the team now would be nothing short of strategic.

Amidst this saga, a ray of hope shined through a High Court ruling, suggesting the Botswana government’s nod towards dual citizenship, potentially giving the BFA the nudge it needed to expedite Wilson’s case.

Yet, as 2023 unfurls, Minister of Labour and Home Affairs, Anna Mokgethi, hinted at a six-month timeline to legislating this change. “We’re laying down the legal and procedural groundwork to enable dual citizenship. This process will span at least six months.

This waiting game could be pegged to aligning with the court of appeal’s decision.

“This buffer is designed to ensure a seamless transition, enabling talents like Wilson to clinch their Botswana passports and don the Zebras jersey,”

On the V.League 1 Table (Vietnam) – 2023/24 front, Wilson’s squad, Ha Noi FC, is holding sixth place after 13 showdowns, boasting 19 points—a commendable feat for their freshman year in Vietnam’s Elite League.

Since his leap to Ha Noi FC on September 5, 2023, Wilson has left his mark on 15 matches across domestic and AFC Champions League arenas, an impressive feat for his inaugural season.

In a recent WeekendSport dialogue, Da Rosa sung praises of Wilson’s gameplay. “Wilson’s mastery of the field, his spatial awareness, and ball reception, earmark him as a midfield marvel. His strategic positioning is a lesson in discipline, a skill set our team can greatly benefit from.

“He’s a crucial cog in our quest toward the 2026 World Cup dream,” Da Rosa said.

 

Continue Reading

Sport

Kemoeng’s departure opens doors for School sports – BOSETU

18th March 2024

The departure of Kitso Kemoeng from the Ministry of Youth, Sports, and Culture has been met with a sigh of relief by many, particularly by the Botswana Sectors of Educators Trade Union (BOSETU). Kemoeng’s tenure as Permanent Secretary was marked by a lack of progress and engagement on the issue of reinstating school sports, which has been a crucial aspect of child development in Botswana.

BOSETU had accused Kemoeng of being a stumbling block to the resuscitation of school sports, citing his arrogant and anti-engagement attitude towards the issue. His transfer to the Botswana Public Service College has been seen as a positive development by the union, as it signals a clear message that non-delivery and lack of vision will not be tolerated within the government.

The union has expressed confidence in the new Permanent Secretary, Bright John, who is expected to bring a fresh perspective and understanding of the importance of sports and culture in the holistic development of children. The absence of school sports in Botswana has had a detrimental impact on the youth and the development of sports in the country, and it is imperative that immediate action is taken to reinstate these programs.

According to BOSETU the departure of Kemoeng from the Ministry of Youth, Sports, and Culture is a step in the right direction towards reviving school sports in Botswana. The union and other stakeholders are hopeful that under the leadership of Bright John, progress will be made in ensuring the well-being and development of the youth through sports. It is time to breathe a sign of relief and look forward to a brighter future for school sports in Botswana.

 

Continue Reading

Sport

Will Makhwengwe’s exit halt Tafic’s remarkable streak?

24th February 2024

The abrupt severance of ties between Tafic Football Club and its erstwhile commander-in-chief, Philemon Makhwengwe, colloquially celebrated as the “Spin Doctor”, has sent ripples through the football aficionado community, given his laudable stewardship in the 2023/24 Botswana Premier League (BPL) crusade. The narrative of Matjimenyenga, as Tafic is affectionately dubbed, narrates a saga of resilience, having faced the ignominy of relegation to the Debswana First Division North on two occasions prior.

The chronicle of their fall from grace in 2018, settling at a dismal 14th place with a record marred by more losses than victories, delineates a club in dire need of strategic revival. Fast-forward to the present campaign, and the transformation under Makhwengwe’s aegis has been nothing short of remarkable. At the cessation of 16 rounds, Tafic perched at the fifth position with 24 points is a testament to an emboldened renaissance.

However, the plot thickened on the 20th of February, 2024, as Tafic pronounced the departure of Makhwengwe from his coaching pedestal via a Facebook communiqué, a move that bewildered the football-watching public. Discrepancies surfaced, with reports attributing his departure to discord with the club’s upper echelons over proposed adjustments within the technical team, painting a picture of internal discord.

Makhwengwe, a tactician revered for his prowess in architecting footballing triumphs, has been instrumental in Tafic’s ascent from the quagmire of league standings to a commendable sixth position. This leaves the footballing realm in suspense over Tafic’s trajectory post-Makhwengwe, especially after their recent conquest over Gaborone United, thrusting them into a formidable league position.

Amidst this backdrop of controversy, where Makhwengwe’s own assertions conflict with the official narrative – oscillating between resignation and dismissal – the saga unfolds with layers of intrigue. The spectacle calls into question the capacity of Tafic to sustain their impressive run. The precedence set by Cote D’Ivoire’s astonishing turnaround at the Africa Cup of Nations (AFCON) after a managerial upheaval offers a glimmer of unpredictability inherent in football, though juxtaposing club football dynamics with international fixtures holds its own set of complexities.

As Tafic grapples with the loss of one of Botswana’s most esteemed coaching figures, the overarching question looms: How will this episode influence their fortunes as the season wades into its critical junctures? With the BPL already witnessing a carousel of coaching departures, Tafic’s saga adds a compelling chapter to the unfolding narrative of a league characterized by flux and fervor. The departure of Makhwengwe not only marks a pivotal moment for Tafic but underscores the perennial dance between stability and upheaval in the quest for footballing glory.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Continue Reading