10 Jan 2016

Footballers Union Botswana (FUB) secretary general, Kgosana Masaseng says FUB advocates for the formation of a national Dispute Resolution Chamber (DRC) and provision for standard contracts for players as per FIFA recommendation.

Masaseng said in an interview that in its aspiration to provide for swift and effective dispute assessment and resolution system, FIFA resolved in 2001 to create the DRC, which is an arbitration tribunal that offers players and clubs a faster and cheaper mechanism to resolve employment-related disputes. 

FUB is a player’s solidarity movement with a primary role of representing footballers, with the best interest of the player’s welfare and rights. 

Among other things, the movement takes care of players’ issues regarding employment and contractual issues.

He said there is need for the creation of a DRC in Botswana football structures as it can bring about a lot of change concerning players and clubs disputes over contractual and employment issues.

Masaseng revealed that there is currently no such structure existing within Botswana football structures where an aggrieved player can seek help with their employment issues.

“In the event a player has not been paid for his services, like the issue of Bakang Moeng and Gaborone United, where does such a player lodge his complaints,” he asked rhetorically.

“The option now in such situations is for the player to seek assistance with the labour court. We have dealt with Tshepo Motlhabankwe and Amos Godirwang’s cases at the Industrial Court after their dismissal from Mochudi Centre Chiefs,” explained Masaseng.

He said this could paint a bad image for football administration, because labour courts treat such issues according to their constitution, whereas FIFA recommends for its affiliations to administer football with the best interest of both parties.

“With DRC, it is an all win situation for both parties because the DRC serves the best interest of the player and the club,” he said. 

He explained that the DRC will make it easy to deal with football issues since they are different from typical labour issues, adding that the DRC will be able to take informed decisions on solving disputes between players and clubs concerning contractual issues.

He said the FIFA DRC guideline states that the mechanism does not affect the constitutional right to settle labour disputes before other recognised bodies.

However, according to Masaseng, it offers a structure that is football-oriented and more aware of the realities of modern football.

“Under normal circumstances, Labour Courts will take about four months to process the matter or even more, but DRC will be able to deal with such matters within a short time,” he said.

When asked about what FUB has done to ensure DRC exists in Botswana football structures, Masaseng said though BFA was at first reluctant to see good in this development, they have however begun to show interest.

“BFA were reluctant, we hope for the best since they have given it a thought and we have engaged BFA president, Tebogo Sebego who has shown commitment in coming up with a solution,” he said.

He said they are also working on introducing standard players contracts, which they believe should be uniform as recommended by FIFA. 

He said most of the clubs in Botswana are using contracts that do not relate to football, something he labeled as not in good practice.

He mentioned that some contracts do not depict when a player should be paid, which plays a different version to what FIFA is preaching. 

He said FIFA has provided its affiliates with a template that makes a standard players contract.

He said some contracts are unfair to the players as they state obligations of the player, but do not do the same with the clubs obligations.

“The worst we have seen, you will find a contract underlining that a club can only terminate a contract while an employee cannot do such,” he said.

Contrary to that, Masaseng said the FIFA regulation dictates that a contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is a just cause. Ends