14 May 2024

The Botswana Premier League (BPL) has punished all football clubs that have failed to honour week 13 and 14 fixtures despite communication by the Botswana Football Association (BFA) to continue the league games.

In a ruling delivered by BPL chief prosecutor, Charles McErick on May 13, a Memorandum of Understanding (MoU) was effectively signed on May 5, 2023 between the Botswana Football Association (BFA) and the Botswana Football League (BFL), which bound the latter by its terms and conditions. 

That meant that the BFL or its members cannot pick and choose, which obligations suit their needs at any point in time.  “Failure to abide strictly with the MoU and the statutes, would render football chaotic, undesirable and unattractive to potential commercial partners and the football lovers themselves. Surely that is not what any football loving person wants,” reads the ruling.

Therefore, the ruling shows that all teams that had made a no show to their week 13 and 14 premier league games would forfeit a game and awarded zero points and zero goals.

It also says the teams that had boycotted their games had been given the last and final warning, failing which they will either have points deducted or expelled from the league.  

“The teams that have boycotted or absconded the games have no saving, they knew that they were violating the clear laws of the governing statues and such sanctions must equally be imposed on clubs that did not honour the fixtures,” reads the ruling.

It also says the BFA mandate was well known to its affiliates and law provided that the clubs, in absence of the BFL, were governed by the BFA constitution, the terms of which were binding on them. 

“It is on this basis that a no show of clubs or teams to follow basic and mandatory provisions of the governing statutes was a glaring wilful failure to comply with the fixtures of the 2023/2024 season,” it says.   

Conversely, the ruling says all the teams that attended the football matches on weeks 13 and 14 would be awarded a ‘walkover’ of a 2-0 victory and three points for every game they attended and there was no show by the opponents.

Three of the 16 premier league teams, Gaborone United, VTM Football Club and Security Systems, honoured week 13 league fixtures.  Gaborone United and Security Systems were to play against Holy Ghost and Police XI respectively on January 12, while VTM FC were to face Sua Flamingoes on January 13.  

For the week 14 fixtures, only Gaborone United showed up for the game against Tafic FC on January 16. 

As a result, the BPL secretariat was thereby ordered to immediately amend the league log to reflect the ruling.

Meanwhile, the decision to punish the teams resulted from a matter that was referred, by the BFL, to the office of the chief prosecutor ‘One Man Judge’ to determine the events of the Botswana Premier League 2023/24 season fixtures leading to weeks 13 and 14.  

Outlining details of the unfortunate turn of events, the ruling says a statement issued under letters dated January 12 and January 15 this year, accordingly from the BFL’s board of directors, was circulated to the league teams and through social media platforms, particularly the Botswana Premier League Facebook page, suspending the league pending the meeting held in Palapye on January 20 and appointment of Tebogo Sebego as an interim BFL board chairperson.

“This letter was issued despite several warnings from the mother body within the territory of Botswana to discontinue intends threats of suspending the league. In particular, this was communicated through BFA with a letter dated January 12, which advised the BFL of their mandate and forthwith cautioned the BFL of intentions threats to suspend the league which are a direct breach of several provisions of the BFA Constitution which are Article 8.1, 12.4 in toto, article 18.3 on BFA member obligations and together with the undertakings of the Memorandum of Agreement of May 5, 2023,” reads the ruling.

The ruling further says the BFL board of directors confirmed through a letter dated January 12 this year, that there was a meeting held on January 10 with BFA and there was also a resolution to halt both the premier league and first division games until further notice, while the BFL would convene on January 20 to discuss future management of the league, finances and return to play.

On January 17, it says the BFA, with an aim of redeeming the integrity and the reputation of the beautiful game of football in Botswana, issued out an urgent letter to the BFL chief executive officer to communicate, among others, that the BFL national executive committee had, with immediate effect, suspended the BFL functions.

The sanction, the ruling says, was imposed in terms of Articles 18.3.1, 18.3.2 and 18.3.3 (i) of the BFA constitution which provided accordingly in article 18.3.1 that BFA members were obliged at all times to comply with the statutes, constitution, regulations, directives and decisions of FIFA, CAF and BFA and ensure that such were also respected by their members.

On one hand, article 18.3.2 stipulates that violation of article 18.3.1 by any member may lead to sanctions provided for the BFA constitution while article 18.3.3 provided for the BFA to ensure that their bodies were either elected or appointed according to a procedure that guaranteed complete independence of the election appointment. ENDS