Connect with us
Advertisement

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

Is Rollers-Gunners still a blockbuster affair?

25th October 2021

The 2021-22 football season has finally arrived. It does not come at a better time than this one after two years of no action.  With the tune changing around football circles, a game between Township Rollers and Extension Gunners will never go unnoticed in the calendar of Botswana football.

The two teams, which enjoy the largest following in Botswana, are billed to headline the start of the season. The fixture, however, comes after almost two years without playing football, and it is still unknown if they still carry the same significance and meaning in the future of Botswana football. With many followers ready to quench their football thirst, all eyes, however, will be on rather what happens than who wins the match.

Forget about the comparison that continuously stirs followers` minds about which player is better than the other. While Rollers speedy winger Edwin Moalosi and Extension Gunner’s pacey recruit, Lesego Lubinda, are likely to determine the game’s outcome, the instrumental men happen to be in the midst of the park. The two teams are about to embark on a story where Rollers have already been labelled as potential league champions because of their massive recruitment. At the same time, Gunners are relegation candidates following a lacklustre performance in the transfer market.

The Peleng outfit started preparation very late, with speculations of an absent chairman not inspiring confidence. The question is whether the fixture between the two sides is as prominent as it used to be? The fixture had the duo of former Rollers man Lawrence Majawa and Captain Maano Ditshupo ruling the midfield whenever Kenny Pilatwe and Lesego Molemogi faced them. Yet, there is striking mutual respect between them and a similarity that, for all the focus on goalscorers, may make them the central actors in the drama expected to unfold next weekend at the National Stadium.

Many new faces have come out. Rollers still have Ditshupo, Segolame Boy and Lemponye Tshireletso, while Gunners will enter the field with recruits but have veteran player Dirang Moloi in their mix. These are the players who used to face each other in the heart of midfield, the men entrusted with bringing an identity to their teams, whose job it is not just to play better; and make others play well.

Rollers Captain Maano Ditshupo is likely to continue his dominance to bring out the team’s ideologue — bright, opinionated and analytical, the man; former Rollers head coach Nicola Kavazovic once said of him: “I cannot imagine Popa without him.” On the other side, Gunners’ Moloi is the man who will do the bidding on the pitch for Gunners – intelligent, communicative, quietly authoritative, bringing calm to a team that plays at breakneck speed.

Both groups of midfielders from these teams are undoubtedly natural talents: insightful and passionate about the game, awe at the passion it provokes and assured how it can be played. They are teammates and former fellow travellers for the Zebras.  During the past season, Rollers coaches said Segolame Boy, another instrumental midfielder, was his best player of the campaign. And Gunners coaches, on the other hand, have merely avoided rotations on, but when big games come, it is Moloi he seeks to protect first.

For Maano and Rollers, it is a matter of beginning a new formula in a new revolution in his role. As he embraced it, he had not failed it. Moloi might seem fatigued, but his dangerous moves on the last third of Rollers might still haunt the Gaborone West giants. Boy will be key in orchestrating final passes to the top man, but even if he is not there, Lemponye Tshireletso can equally put up with the role. The question then is whose role will prosper.

Continue Reading

Sport

BNSC grants BFL P4million  

25th October 2021

Botswana Football League (BFL) has successfully secured a P4 million grant from the Botswana National Sport Commission (BNSC) in a move aimed at kicking start the elite league by next week. As early as last week, BFL new board started knocking on the doors of BNSC, applying for a P4 million grant as the struggle to bring football from the edges of death continues.

Sources who spoke to this publication indicate that the newly assembled board of the league, led by Nicolas Zakhem, has managed to convince the Ministry of Youth Empowerment, Sport and Culture Development to play a pivotal role in nurturing and cultivating football in financial terms. However, there is an expected backlash from BNSC as other sporting codes would want the same treatment in the future.

It is reported that BFL is not expected to pay back the money as it comes as a grant. The BFL has also successfully lobbied Botswana Football Association (BFA) to source a loan of equal amount from FIFA. The thinking inside the BFL board is that FIFA loan must be repaid with the grant from the BNSC to avoid running a company with debts just from the beginning.

The BFL board met on Wednesday to ask for P1 million advancement from BFA to put in place logistics surrounding the return of the league. It is further reported that the money will be paid as soon as available sponsors transact their part to the BFL.  The anticipation finally is enormous after the board approved fixtures to kick start the league by the 29th of October, a few days after all players take their jab.

According to the Sport Ministry and other stakeholders, part of the impetus for vaccinating players is that sport events are quick spreaders; hence players could unknowingly spread the virus to other people. However, observers now believe that the country has gone one step further combating the virus through vaccination. Testing is no longer a major problem. Zakhem, the chairman of BFL, explained that it was necessary to delay the commencement of the league until all players were vaccinated and when all stakeholders were on the same page with developments surrounding football.

“You will see that it was wise to wait a bit to bring everyone on board; all players need to be vaccinated, even supporters have to come back to make a perfect advertisement for football in the eyes of the sponsors,” said Zakhem. The domestic league was halted in April 2019, and a decision was taken to crown the team that occupied first place, Jwaneng Galaxy.

Furthermore, three teams lying at the bottom of the table were relegated, and clubs in pole positions from Debswana First Division North and South saw themselves gaining promotion to the elite league. By all accounts, the association felt it was a controversial option to undertake but also fairer for the sake of progress.

Continue Reading

Sport

Sebego challenges BFA constitution

13th October 2021
Tebogo Sebego

Botswana Football Association (BFA) constitution appears to be under heavy scrutiny as Tebogo Sebego, the president of Notwane Sporting club, questions its authenticity, with strong indications that several clauses were removed and others added without the input of the General Assembly.

Sebego, who vied for the BFA presidency in October 2020, feels Notwane is a bonafide member of BFA and has been participating in the past three BFA assemblies but cannot be part of the mess that the club and others did not create. On 13th September 2021, Notwane forwarded a complaint letter to the football association’s chief executive officer (CEO), challenging how two constitutions were amended.

The club says a constitution dated 25th June 2021 and the other bearing a stamp of 10th December 2020 were amended under fraudulent circumstances and want an explanation on how it transpired. “We have recently received a constitution dated 25th June 2021 stamped by the registrar of societies. The said constitution carries some changes that were never discussed and voted upon at the BFA general assembly.

Of particular interest, we have noted that the following new amendments, Article 33 of the 2016 constitution, is replaced by article 30. The procedure has been reduced, but the principles remain the same. The relevance of this is to restate the constitutional culture and mandatory powers of the General Assembly as the sole body responsible for constitutional amendments,” part of the letter seen by this publication reads.

Article 33 that Sebego complains of reads thus, “The general assembly is responsible for amending the constitution and the standing orders of the general assembly.” Furthermore, Notwane argues that another article (22.1) of the 2021 constitution then wipes off the presence of 16 delegates from the Premier League clubs and eight representatives from the first division together with their voting rights.

The club believes that while the autonomy of the Botswana Football League (BFL) was approved in the 2020 General Assembly, the assembly never discussed, voted or approved the removal of delegates from the General Assembly. The team believes that the amendments are therefore unlawful for lack of authority from the General Assembly. This is the case because it has a significant impact on the landscape of the structure of the General Assembly, Notwane argues.

Moreover, Notwane’s shock is skyrocketing, especially when raising another equally screaming change in the constitution. In the letter state, the club states that article 33.4 of the 2021 constitution introduces a term limit for the president. The club speculates that the amendment seems to be carried from the 2019 version of the constitution, and whatever its genesis, the matter was never before the General Assembly.

“It is only the General Assembly that has powers, through the right constitutional channels to introduce a limitation on the term of the president and further to define the limitation based on the reasons presented to it,” the argument goes on. The old constitution was limited to at most two terms, but it seems the president can now enjoy the third term.

Sebego and Notwane argue that they have raised these articles to demonstrate that the constitution was amended without following due process in an unconstitutional, unlawful and somewhat fraudulent manner. They say this 2021 constitution and that of the 2019 version are, in their view, unlawful documents and should be reversed without delay.

The complaint letter was also copied to the Botswana National Sport Commission (BNSC) desk and the registrar of societies — an organisation that issued a stamp on the constitutions in question. Notwane, in a parting shot, wants to be furnished with minutes that allowed the constitutional changes because, to their understanding, there was none.

It has come to the attention of this publication that Notwane had given the BFA head of secretariat seven days to have replied, but nothing has come out. However, neither party was available for comment as the paper was going to print.

Continue Reading
Do NOT follow this link or you will be banned from the site!