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BFA wins Orange deal court battle

Orange FA cup

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

Absence of TD causes BFA damage

28th June 2021
BFA-Dr. Carolin Braun

Botswana Football Association (BFA) is running without a substantive Technical Director since parting ways with South African native, Serame Letsoaka, who jumped ship midway through his contract in 2019.

This glaring revelation has left the Technical Department of the association hamstrung to fully operate by the book hence a plethora of problems protruding on the very nose of it.

This is the reason it took long for the association to take stern action against Zebras gaffer, Adel Amrouche. His departure was sanctioned at the eleventh hour when players’ patience had long wilted, threatening to leave the camp.

Pundits will therefore observe that it is the absence of a Technical Director that has caused all hell to break loose at Lekidi Football Centre.Since the departure of Letsoaka, the TD position has been more or less vacant as it has been manned by unqualified and somewhat incompetent administrators to date.

The TD position requires a CAF A-License qualification as well as a Diploma in Secondary Education as minimum qualifications. Among the specific duties of TD is; training and development of coaches, including design and updating of coaches manuals, facilitating licensing courses, developing a coaches Code of Conduct, arranging for expert and specialist coaches to deliver training clinics, education on rules of the game and creating and maintaining a library of resources including books, videos and articles for coaches to access.

The responsibility also include establishing and delivering a comprehensive and nationwide Grassroots programme at both the community level, in schools, and in the schools through clubs through strategic partnerships within the communities and with various government ministries and agencies.

TD also advices BFA on all matters related to the effective development of football in Botswana and is accountable for the development of a strategy and policy for the performance of football programmes.

Other duties include working with Youth National teams and coaches through development programmes in order to enable BFA to attain its goals within CAF and FIFA, including putting in place clear systems and processes for identifying and developing talented players.

After Letsoaka left, BFA reached out to Wire Kaelo, a Gaborone United legend currently holding the position of assistant coach at Security System FC, but eventually he was not appointed to the post.

Despite rumours to the effect that BFA had agreed terms with Kaelo to this day, the Association has not come out as to what happened to the alleged marriage.

BFA subsequently appointed one Dr Carolin Braun, on secondment from the German Olympic organisation, a move that left the association rooted in abrasive factionalism.

In particular, local coaches and the general football fanatics have always cried foul claiming that Dr Braun is not fit to hold the position of TD especially in a growing football environment like Botswana.

There is growing concern that Dr Braun does not have the pre-requisite credentials to be appointed for this plum post as she has never held any significant position within the football fraternity, not even at amateur level.

“It was a first in the history of Botswana football to see a TD doubling up as assistant coach to the senior national team and there has been no tangible coaching courses since the departure of Serame Letsoaka and this has been attributable to the vacant position of TD,” a source remarked.

BFA is currently failing to communicate CAF’s decision that the ill-fated CAF “B” and “C” courses held during Serame’s last days were not sanctioned and therefore attendants will not be certificated.

Over 50 local coaches participated in the courses and last year, most of those coaching in the Premier League had to be given waivers by the BFA Technical Committee before they could be accredited.

CAF has since indicated that the issue of waivers by national associations will not be entertained, something which might throw local games into disarray.BFA is still failing to come up with a coaching philosophy despite Serame having started groundwork before his departure.

Other countries such as Zambia have since resumed CAF coaching courses whilst in Botswana is still business as usual despite the impending challenges caused by indiscretion and lack of foresight.

Despite BFA having advertised the position of TD and subsequently holding interviews where recommendations were done by the Technical and Development Committee, the BFA NEC has refused to endorse the recommendation for reasons only best known to them.

Yet, there is a lingering fact that the NEC is clueless when it comes to technical matters. There is not even a single individual in the NEC who holds any coaching qualification including the Chairman of the member responsible for technical and development matters, Masego Ntshingane.

When asked about the position of the TD, Ntshingane said the association is well aware of the matter and will son fill the post. “Yes, it is true the association has not appointed a TD after Letsoaka’s departure, but we are working around the clock to hire capable people,” he said.

However, local coaches believe that it’s a travesty of justice to expect non-technical people to make meaningful contributions on technical matters to the extent that they can veto recommendations from a committee of renowned technical experts.

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Sport

CAF blocks unqualified coaches

28th June 2021
CAF Champions League

It is not business as usual in the operations manual of African football. Ever since the ascendency of Dr. Patrice Motsepe to the CAF plum post, the African football governing body is ringing changes to satisfy the demands and governance standards of the modern game.

However, it appears that what is coming out from the high offices of the game is a bitter pill to swallow for local clubs, some of which are touted to be the best in the land.

Connectedly, CAF has issued a circular to the effect that only coaches holding the CAF “A” education license will be permitted to sit on the technical dugout during the upcoming inter club competitions. This communication has been sent to all 54 CAF member associations in May 2021.

However, it seems local clubs have not been appraised on this development even though both Jwaneng Galaxy and Orapa United have shown desire to represent the country in the CAF competitions.

It comes to the fore now that the two clubs can successfully represent the country if they engage coaches with the pre-requisite qualifications which is now an insurmountable task due to the COVID-19 impact on club finances.

Both clubs have hired coaches who attended the ill-fated BFA conducted CAF “B” and “A” coaching courses which were held in Lobatse almost two years ago.

To date the coaches await the completion of the courses and certificates while CAF has made it clear that the courses were not sanctioned as they were held during the era that coaching licenses were suspended, a situation that BFA was well aware of and has since accepted the consequences.

The BFA is still at sixes and sevens on how to break the issue to the affected coaches as it is likely to cause a huge public embarrassment and backlash from the coaching fraternity.

“We all know about the problem, BFA is promising to come to the bottom of the matter as we continue to engage them,” says Botswana Football Coaches Association (BFCA) interim President, Daniel Nare.

CAF has also made it clear that this time there will be no waiver for coaches without the pre-requisite qualification because the Confederation has been too lenient in the past. During the last CAF Champions League and Confederations Cup, both Galaxy and Orapa United coaches were given a reprieve by CAF Technical Department as they did not even have the CAF “B” license.

When approached for clarity, the Spokesperson for Galaxy, Tankiso Morake said they are playing a waiting game when it comes to CAF issues especially that BFA is yet to reply to their letter. “Honestly, there is nothing concrete I can share because no one is certain about anything. We are waiting to be replied by the association so that we can finalize everything,” he said.

While United was not available for comment, it is clear that both clubs will need to hire coaches with the needed qualifications otherwise playing in this year’s edition of African football mirrors a tomorrow that may never come.

 

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Sport

Rollers make digital strides

11th June 2021
rollers_0121

A recent study shows that Township Rollers is not only popular within the perimeters of Botswana, but has also made significant steps within the digital football platforms in Africa.

Out of the 70 African football clubs ranked on the African football digital benchmark, Township Rollers comes on the 35th position backed by a massive social media following. The club website records more than 399 000 followers and is seen as the most interactive in the local game.

This is consistent with the recent study conducted by FIFA- world football governing body- that Rollers is the only team locally that makes use of its digital platforms.

Notably, it comes out that the gap between Township Rollers and the rest of the 15 Premier League clubs is abysmal, this therefore works against creating a strong BPL brand value.

Rollers is the only club with more than 50 000 followers on Facebook, more than 20 000 followers on Twitter while its Instagram platform stands strong at 27 800 followers.

However, it is found out that much of the BPL brand value is killed by some social Facebook football fan accounts.  They have stood long and have thus attracted more followers than the official accounts. Pages like Killers Pass and Botswana Football have consequently seen more than 100 000 following. Both of the accounts give 24 hour on-going updates of football’s latest news, transfers, results, video and live updates.

FIFA has therefore come to a conclusion that the two social media pages have grown interactive since they incite followers to answer and present their impressions about local football.

It comes into the open that 70 percent of domestic premier league clubs do not have official websites. This according to FIFA, kills the brand and visibility of clubs hence failure to attract lucrative sponsors by the clubs. FIFA also found out that the remaining 30 percent of clubs with websites are lacklustre and found wanting when it comes to their online presence. But in this regard, Rollers is on pole position.

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