09 Mar 2016

The premier league disciplinary committee has dismissed Gilport Lions protest in which they were arguing that Ofentse Nato  was a defaulter when he played against them in a beMOBILE  Premiership game played on February 14.

Dismissing the protest, the premier leagues disciplinary committee chairperson, Busang Manewe said they dismiss the protest and hold that Nato was properly registered in terms of FIFA regulation 6.1 which states that as an exception to the rule, a professional whose contract has expired prior to the end of a registration period may be registered outside that registration period.

The rule further says associations are authorised to register such professionals provided due consideration is given to the sporting integrity of the relevant competition.

Manewe ruled that Nato case falls within the exception rule, adding that there was no doubt that Nato was a professional player whose contract expired rendering him a free agent hence he qualified to be registered outside the registration period.

He said evidence brought before them was that Nato’s contract expired in December 2015, and that his former club, Atlatico de Kolkota issued him with a release letter dated December 22.

Manewe said Gilport Lions argued that the circular from Botswana Football Association clearly stipulated that no registration outside the transfer window would be allowed, adding that it was in conflict with regulation 6.1. “The BFA runs organised football under the auspices of FIFA and therefore they are bound by the rules and regulation as may be enacted by FIFA from time to time, this fact is accepted by BFA and it is contained in its statutes,” he said.

Manewe further said the premier league was right to register Nato, and that Gilport had failed to validate why the players right to earn a living through football should be interfered with under the guise of the integrity of the competition.

Furthermore, he said they did not find any justification why Nato should be denied the opportunity to earn a living, and to continue to play for his new club as that could come in handy in by benefiting the national team.

Manewe noted that the amendment of the FIFA regulations on the registration of professional players after the expiry of their contracts was inspired by the aftermath of the Bosman ruling.

He added that Jean-Marc Bosman was a professional player who was employed by FC Liege, a Belgian first division team.

 He said when Bosman’s contract expire, he wanted to move to France, but his club wanted to block his movement demanding high transfer fees.

“Bosman filed a suit with the European Court of Justice against FC Liege, the Belgian Football authorities and the European Football authorities.

He raised a number of points, and amongst the important points that were determined by the court, was that professional players play football as an economic activity within the meaning of the EU treaty,” he said.

He said the court took the view that any transfer regulation which sought to interfere with a professional player’s right to earn a living through playing football was unlawful. Ends