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 most challenging 50 days in Baboloki Thebe’s extra ordinary career have begun to roll in a countdown motion ahead of the Tokyo Olympic Games. Thebe who is seen as heir to Isaac Makwala’s throne in the 400m race is expected to run down the clock and beat 44.9 seconds to book his qualification at the coming Olympic Games.
The indomitable 400m runner has between now and June 29th to achieve this monumental feat. The Olympic Games will be held in Tokyo, Japan from July 23rd to August 8th. There is a looming fear that the promising unconquerable runner might not make it as he has started training at the eleventh hour after spending much time on the side-lines due to social issues and a recurring knee injury.
The struggle to shrug off the rust of injuries and inactivity is believed to have resumed late and by the time the closing date nears, he might leave it too late.The 24 year old runner has since relocated to Ivory Coast to re-establish his old form that gave him a house-hold name both in local and global competitions.
There, the athlete will seek serious races until he finds the one that qualifies him to the tracks of Tokyo. All of these races should be within the IAAF diamond league rules and requirements for him to profusely benefit.
Thebe was conspicuously missing at Poland when Botswana’s famous 4X400M quartet scooped bronze and effectively securing a spot at Tokyo. The team, as usual was captained by Isaac Makwala who knows too well that Thebe has been, and is a significant threat at the world stages.
Before succumbing to injury, Thebe recorded an unimpressive time of 48.85. However, there is still hope for the talented star who left the country under a cloud after he allegedly sneaked out of camp together with one Onkabetse Nkobolo.
It is not highly maintained that the youngster will qualify but it is argued that, at this time of the year, most athletes are still shaking off their yester year rust and Thebe is no exception; he will soon get back to shape. Thebe has admitted that there is a lot of work to be done in the coming few days.
Athletics is a famously lonely sport, sometimes too hard to comprehend. It was the same talent of Thebe who once spoke of his struggles to train away from his families, and often by himself. One of the most fascinating facets of this discipline is that most athletes stand upon a start line, behind a run up, or in a thrower’s circle alone: for ten or twenty seconds, often times, it is their fate that lies solely in their own hands.
On many occasions now Thebe has trained hard and long to represent a country that should now be laden with both sprinting and long distance runner talent- and to re-write history. Time will tell if the young talent is able to live up to his full potential.
Amid the heightened public back lash and low lying protests from athletes concerning welfare and unfair treatment at global stages, it comes to light that sport performance in the country can reach greater heights if the incentive package document seen by WeekendSport is anything to go by.
In March of 2012, the Ministry of Youth Empowerment, Sport and Culture Development liaised with the Ministry of Finance and Economic Development to work out and approve a budget for incentive packages for national team players.
The step was a necessary milestone that aided the Botswana National Sports Commission (BNSC) to erect a long standing policy that dictates the best possible ways of rewarding athletes in various codes.The approved package sees a total of 29 sporting codes listed under 3 categories with different athletes getting varying amounts while on preparatory camps.
In Category 1, the approved package list football and volleyball as the two codes whose preparations can expand over a long period of time. It comes into the open that the monthly allowances per football player is P 1.500 while volleyball players get P 3.500 each. Moreover, all the players under these two codes are entitled to a benefit of a government-funded insurance premium cover of up to P 100 000 in medical expenses.
Furthermore, athletes enjoy death cover of up P 100 000 while a gratuity at 25% of total earnings is payable every four years.Category 2 lists netball, karate, softball, athletics, boxing and rugby. Of these six codes, each athlete receives P2000 for every match appearance.
These athletes also enjoy the same benefits of injury and death cover as codes listed in Category 1.A total of 21 sporting codes are listed in the last category. These include amongst others, chess, badminton, table tennis, motorsport, cricket, squash and swimming. For all these codes, the incentive package states that each player will get P 1.500 per cap. Again, the athletes of these codes retain the same benefits as those in category 1 and 2.
The incentive package document further lists down rewards set aside for athletes performing in regional, continental and world competitions.Individual performers partaking in regional competitions gets P 1 500 if they bring a bronze medal home. P 2000 is for silver medal while athlete is sure of P 2.500 for scooping a gold medal. The same amounts also apply to a group code.
The ante is upped a little high at continental games. The document states that individual athletes bringing home a gold medal will get P 25 000. Furthermore, an athlete winning a silver medal receives P 15 000 while P 10 000 is for a bronze category.
Rewards for performance at the world stage is that an athlete get P 100 000 for scooping a gold medal, P75 000 for silver and P50 000 for bringing a bronze medal home. Furthermore, an athlete is given P 10 000 for finishing within the top 4 places while an added P 5 000 is for those who complete the top 8 category. This is for both individual athletes and group codes.
The document further states in the last paragraph that rewards for setting or breaking competition records is available. If athletes break a regional record, they will be given P 10 000. A continental record set and broken will see an athlete winning P 20 000.
In the Commonwealth stage, a local athlete will be given P 30 000 while P 100 000 is for those who break and set new records both at Olympic Games and World competitions. Coaches are also rewarded and get 10% of what an athlete receives at various competition levels.
However, there are misgivings that the document is static and needs to be revised to match it with today’s standard practice. Calls are overwhelming that rewards must be improved especially for codes-like Athletics- who bring optimum results at global stage.
The document should also clearly state break downs of budget for preparatory competitions and rewards for each stage especially in a group code. When giving clarity, the acting Chief Executive Officer of BNSC, Tuelo Serufho, said that it is necessary to understand the document but is eager to go back to the boardroom and effect changes if need be.
“We must be careful when we compare codes, a lot of emphasis is needed to get to the conclusion of who is performing and is who is failing, but for all purposes of fairness, rewards are meant for everyone and can be triggered,” he said.
COVID-19 Task Force is said to be studying the proposition of Botswana National Sport Commission (BNSC) to re-open sport activities in a phased manner before the end of this month.
The Task Force is said to be operating under immense pressure to build and maintain the equilibrium of sport alongside the impact of corona virus in the country. The team is working behind closed doors following recommendations from BNSC and the Ministry of Youth Empowerment, Sport and Culture Development that the relevant importance of sport together with its socio-economic value in Botswana’s circumstances can no longer be ignored.
This is also propagated by the recent scintillating performance by 4 x400 man national relay team. The quartet led by veteran Isaac Makwala scooped the bronze medal at the World Athletics Championship held in Poland last week. This feat was achieved despite the current lockdown imposed on sport.
Sources say the general recommendation from these sport organs is that sport activities must come back immediately but proper adherence to COVID -19 protocols must also be the number one priority. Furthermore, the sport organizations are believed to have recommended that there must be a phased approach to uplifting the suspension of the games.
Foremost, the Ministry argues that non-contact sports must return in the first phase. This includes among others, long tennis, table tennis, volley ball, athletics and chess. The second stage is to allow contact sport to come back to life where football is largely missed.
It is said the ministry has also attached the matrix involving all 40 sporting codes in the country that all give life to the proposed return to play guidelines. The matrix indicates that all 40 codes need to return to the field as soon as it is safe. Of these 40 codes, 22 of them have an urgent need to return to competition and this includes football.
BNSC argues in their position paper that the level of risk assessed and detected has seen only 10 sporting codes that are not in danger of spreading the virus. These are athletics, badminton, bowling, bridge, golf, motorsport, Paralympics, squash, and traditional sports games.
Football, wrestling, rugby, handball and hockey form part of the codes that act as catalysts in spreading the virus and a proper and strict adherence of protocols is needed.Meanwhile, it is said that football has met with BNSC high ranking officials to present their own case. The football association argues that industry has suffered a lot and there is an urgent need to return.
They say their venue across the value chain in Botswana is about P 55 million, employing approximately 3 000 people directly. About 9 000 jobs are created when the game is up and running, they said.