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 courts 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.
There is a possibility of discomfort within the Gaborone United technical team following a squabble between former team manager Owe Mmolawa and Peter Butler who is Director of Football over allegations of racial discrimination.
The duo is reported to have had a fall out last month on the flight from Madagascar after Gaborone United sealed a 3-1 win against Elgeco Plus to set a clash with Dstv premiership side, Supersport United in the second round of the preliminary stages of CAF Confederation Cup.
However, WeekendSport was reliably informed that the management of the club swiftly redeployed Mmolawa to become ladies team manager, a position which he rejected and ultimately resigned from the club on the 31st August. Sources claim that the relationship between Butler and Mmolawa had broken down irreparably.
According to the highly placed sources, since the arrival of the British coach at Moyagoleele, Mmolawa was sidelined and it is alleged that Butler started to give him (Mmolawa) an attitude. Others speculate that the master plan is get rid of Coach Pontsho Moloi so that Butler gets the head coach post.
According to a letter seen by this publication – Mmolawa wrote to the Regional Immigration Selection board on the 5th September contesting or seeking an interdict on awarding a substantive residential and work permit to Mr. Peter Butler.
According to the former Gaborone United team manager, âAs per the Immigration Act, in particular, Section 19, Clause 4(a), the character of Mr. Butler lacks the rudimentary qualification on the basis of racial discrimination allegations levelled against him. The allegations have been reported to the continental football mother body (CAF) for investigation and determination thereof. The complaint has been lodged by me.â
Mmolawa further said although Butler who is employed as Director of Football of which the qualification requirements for the job include amongst others possession of a CAF A coaching certificate â there is a plethora of local who holds the same qualification.
The fundamental uptake of foreign nationals for employment is that it should be on account of scarce skills or justification for the same.
He therefore said he contended strongly that the application for work permit be declined for Mr. Butler as there are many Batswana who have graduated with CAF A coaching certificate and fit enough to be considered for employment.
âAwarding work and residential permits to Mr. Butler on the basis of this job would be a fatal blow to the efforts of Botswana government in empowering its own citizens, in my solemn view. I raise that Mr.
Butler is prone and has a history of attacking the sovereignty of Botswana as evidenced by his spell away from the country when the football fraternity encountered governance changes. It would be tantamount to fiddling whilst Rome burns to look the away when a man of this character that lacks patriotic fabric seeks employment in Botswana,â reads part of the letter addressed to Secretary of regional Immigration Selection Board.
When reached for a comment relating to racial discrimination levelled by Owe Mmolawa to Mr. Butler, Gaborone United Marketing Manager Herbert Letsebe said as the club they currently donât have any case bordering on racial discrimination. He said they have only seen social media posts by Owe Mmolawa.
âWe as the club do not condone racial discrimination and if we record such case, serious action shall be taken for the offence,â he added.
Letsebe further said allegations between Owe Mmolawa and Butler could be personal hence itâs between the duo. He however confirmed that there was some altercation between the two, when the team was travelling from Madagascar to Botswana.
Botswana Premier League champions, Jwaneng Galaxy are intent on reaching first base after executing the ABCâs to safely jump into the next round of CAF Champions League, albeit narrowly. Galaxy managed to keep body and soul together in the first round of the Preliminaries defeating Ugandan champions, Vipers SC in a tightly contested two-legged affair which finished on 3-2 on aggregate.
Galaxy, who are like a little frog in a big pond in the CAF Champions League League Preliminary Second Round, will presumably be on the back foot when they meet a high-flying South African Premier Soccer League (PSL) side, Orlando Pirates. While the Soweto giants are seven games into the new season, the local topflight football is yet to start, and this raises concern on Galaxyâs mental strength and fitness when compared to their next opponent.
To demonstrate further imprudence from the local football authorities, a fresh statement from BFL this week suggested that this yearâs campaign has been postponed to October 7th and clubs can only hope that the league does start. In silence, the decision has brought further consternation among clubs – with Galaxy and Gaborone United (GU) having the most reasons as to why their blood is boiling â they are currently competing in the CAF competitions.
Lesagaripa la Dinaledi, as Galaxy are affectionately known to their fansÂ started the CAF Champions League Preliminaries like a house on fire as they hammered Vipers SC 2-0, courtesy of the ever-reliable Thabang Sesinyi ensuring his team get a two-goal advantage on home soil. However, in the return fixture in Uganda as they were defeated 2-1, but the scoreline was not enough to overhaul their advantage.
But now, Galaxy will meet its Waterloo before a possible appearance in the group stages of the CAF Champions League â Orlando Pirates.
Is Pirates beatable?
The Buccaneers made the long trip to the island of the Comoros to face Djabal FC. Jose Riveiroâs side were expected to blow their Comoros opponents away. However, the minnows put up an incredible performance against the Soweto giants, with Pirates scraping a win through a solitary goal.
In the second leg, The Buccaneers hammered Djabal FC 3-0 thus completing the fixture without conceding a goal. Will they finally ship in goals against the likes of Thabang Sesinyi and Omaatla Kebatho who are capable of causing an upset on their day? Galaxy will have to mind their Pâs and Qâs against a team that has demonstrated that it can unlock even the most stubborn of defences. But if Galaxy avoids a Nervous Nellie approach, a neck and neck game is expected, anything else, Pirates will mop the floor with the local lads.
Pirates form has been scintillating despite starting their 2023/24 PSL season with a 1-0 loss to Stellenbosch. They regrouped and later redeemed themselves by beating Royal AM 4-2, followed by a 1-1 draw against Chippa United and a 2-0 victory against Cape Town City in the league. They currently occupy the fourth spot on the log.
However, Galaxy mentor is on pins and needles over the Pirates encounter. Responding toÂ WeekendSport,Â Morena Ramoreboli said they have learned a lot from the Vipers game as preparations proved to key.
âWhen you win a home match by two goals to nil, decisions might go against you. Henceforth, it is important to try and introduce players that can give you energy in the first-half and avoid exposing certain areas of the field to ensure that you do not concede many goals,â he said.
According to Ramoreboli, patience is required when one is defending and mental strength is needed.
Galaxy intend to pitch a curve for Pirates, âWhen you manage the game well, you end up winning it, but mental strength is one area thatâs need to be addressed if we are to go further in the tournament,â he said. Ramoreboli further pointed that their upcoming encounter against Pirates will be similar to when they played against Vipers.
âVipers are the Champions of Uganda and Pirates by virtue of finishing second in the past season, they qualify for the African competition. In addition, we are the Champions of Botswana, hence, we are going to put up a big fight to ensure that we emerge victorious. Furthermore, as much as they are doing well, we are also doing well, hence why we are meeting them in the Second Round, without being arrogant, I think it is a match that both teams can win,â pointed Ramoreboli.
Galaxy gaffer further reminded football faithful to respect Botswana football. âIt is high-time the continent start respecting Botswana football, they should start understanding that there is a country in Southern African Development Committee (SADC) Region called Botswana which its football standard is growing rapidly,â he said.
Quizzed about whether being a South African could be an advantage for Galaxy, he said; âIt is fortunate that we have the luxury of watching Pirates play each week while on their part it is going to be difficult for them to thoroughly study our play; thus that could be a turning point to us. In addition, the little that information I have with regard to South African football, I share it with the technical team so that we come up with strategies to win the match,â he said. Ramoreboli is of the view that Pirates is on tenterhooks because they do not know the Galaxy style of play.
Meanwhile, GU will also face a South African side, Supersport United, in a blockbuster CAF Champions League encounter which promises to be a thriller.
All the first-leg of the two matches will be played on the 16thÂ and 17thÂ respectively at National Stadium.
Come dee day, Galaxy is confident that Pirates will not scare them out their wits hence they wonât give in and say Uncle to Orlando Pirates!
Tapping into different sporting codes such as jumps (long jump, high jumps and triple) and field events (Discus, shot put, javelin and pole vault) is ideal for any country as it put them in better chance to rake more medals at various international competition such as the just ended World Championships which were held in Budapest, Hungary.
In the closer proximity, for a few years field events and jumps athletes have been struggling to qualify for international competitions, which prompt a question as to how far is Botswana with regards to the growth of jumps and field events.
A great example would be at the recently ended World Champs, Burkina Fasoâs Hugues Fabrice Zango made history by winning his nationâs first-ever gold medal at the World Athletics Championships with victory in the triple jump.
The 30-year-old jumped 17.64 metres in his fifth attempt to see the competition in Budapest, Hungary.
In addition, as much as focus and hope was being put on few local runners, Letsile Tebogo who bagged a silver medal in his 100m and a bronze in a tightly contested 200m, the same could not be said by the trio, Leungo Scotch, Collen Kebinatshipi and Bayapo Ndori whom their hopes of amassing medals blurred as the competition progressed.
Scotch and Kebinatshipi finished eighth and nineth in their respective heats to crush out of World Champs semi-finals while Ndori pulled out of the race just after 25m from the start, which meant that the countryâs opportunity to get more medals reduced.
Historically, The country achieved its first gold medal, in theÂ men’s high jump, in 2003.
Furthermore, high jumpers such as Kabelo Kgosiemang can be remembered as he rose to the occasion.
Kgosiemang broke the ground record with his jump of 2.27 metres (7Â ft 5Â in) inÂ 2007, while his second gold medal came some 12 years later inÂ 2015.
Nonetheless, where was the continuity as it seemed like there was light at the end of the tunnel?
For his part, Botswana Athletics Association (BAA) Vice-President (responsible for) Technical, Kenneth Kikwe said Botswanaâs strengths in field events and jumps has downgraded over the years.
âWe have realized that our strengths in field events and jumps have downgraded and it is something that we are tirelessly working around to improve.
Furthermore, the biggest factor is that we do not have coaches who are professionally trained to induct aspirant field events and jumps athletes.
However, we currently have a former high jumper, Kgosiemang who is helping in that regard but we are contemplating to equip him with the right qualifications for the job,â he said.
Kikwe further revealed that they havenât been able to bring international coaches who could upskill our field events and jump athletes like in the past as having these particular athletes is vital to any countryâs progress in sport.
âWe used to have international coaches who helped us with developing field events and jumpers hence why we saw the likes of Kgosiemang and Gable Garenamotse who blossomed during their respective years.
Nevertheless â we plan to redeem ourselves by hosting workshops, and inducting coaches who can develop athletes for the greater good of the country,â Kikwe revealed.
On the other hand, Local Sport Pundit, Kagiso âFoxâ Phatsimo was quickly to point out some of the biggest problems faced by Botswana sport.
âThe biggest problem we face when we produce these world beaters, their cases are few and far between as we do not have a formula to produce these individuals.
It always comes as a surprise. If we had a formula like it is always said that we have School of Excellence, there could be a route from primary, secondary and senior school with a development that is strategically placed with a proper coach to teach our kids track and field events.
Henceforth, feeding the national team with raw talent that is ready to take on the world, however, it has not been the case,â he said.
Phatsimo further added Botswana do not have a concise plan as how to nurture these world beaters.
âIf we were able to produce âLetsile Tebogoâ how come we do not have others who as good as him or even on the ladiesâ section that shines in individual events and ultimately become world beaters,â added Phatsimo.
He reiterated that it is about the country capacitate coaches at Junior and Senior schools because their credentials are below standard.
âWe need to identify talent from grassroots hence it is vital to give incentives to highly qualified coaches so that they can focus on building this raw talent from an early stage in remote areas thus benefiting in future.
Furthermore, relevant stakeholders such as the government, teachersâ unions, Botswana National Sports Council (BNSC) and its affiliates should convene and resolve the issue of school sports or its going take a while for us to produce stars such as Letsile Tebogo,â he reiterated.