31 May 2016

The Botswana Football Association (BFA) National Disciplinary Committee (NDC) has deferred judgement on the Mochudi Centre Chiefs appeal to next Monday.

Centre Chiefs are appealing the recent Botswana Premier League (BPL) Disciplinary Committee (DC) ruling that Township Rollers would not be docked further points for fielding Ofentse Nato, recently deemed a defaulter.

Rollers were docked three points and two goals credited to Gilport Lions after the latter club had appealed to the NDC following an earlier BPL DC ruling that had favoured Rollers in the matter.

With Nato declared a defaulter after the Gilport Lions appeal, the other teams that had faced Nato in the league, Centre Chiefs, Miscellaneous and Police XI had been referred to the BPL DC for verdict on whether they could also benefit from three points and two goals in accordance with article 6.2.1 of the BFA play rules and regulations.

At the DC hearing, Police XI withdrew their protest, with Centre Chiefs and Miscellaneous deemed to have registered their protests later than the seven days stipulated in BFA play rules article 9.3, converting their protests into complaints. As such, Rollers were only fined for those matches instead of being docked points.

On Monday night, Centre Chiefs presented their appeal in the matter to the NDC, submitting that since information about Nato being a defaulter had reached relevant authorities within 30 days, Rollers should be docked three points and two goals for each league match Nato featured in, as per article 6.2.1.

In submitting their arguments, Chiefs representatives Clifford Mogomotsi and Raymond Tsheko said that in the interest of fair play, Rollers should have docked points since all the sides Nato had faced in the league had raised formal protests.

They also gave the example of Confederation of African Football (CAF) rules, which stipulate that any team deemed to have fielded a defaulter has to be docked points irrespective of whether a protest has been lodged.

They said recently South African club Mamelodi Sundowns benefited from soft points for Congolese club AS Vita having fielded a defaulter in a CAF Champions League match and Botswana also once benefited from Ethiopia fielding a defaulter in an official qualifier in both cases the beneficiaries having not lodged protests.

In their counter arguments, Rollers’ Khumo Masonya and Kgosietsile Ngakaagae said that CAF rules do not universally govern domestic club football, as evidenced by Sankoyo Bush Bucks and Mochudi Centre Chiefs cases involving defaulters Morris Rusivo and Pontsho Moloi in the 2014-15 season.

They said BFA play rules article 6.2.1 allows the docking of three points and two goals, but it contains the proviso, “provided that procedures relating to protests shall be adhered to.”

Ngakaagae said that these procedures of protests are explained in article 9 with article 9.3 stating that, “a protest lodged after seven days shall not be entertained,” and that protests received later than seven days shall be treated as a complaint, with a fine being the only punitive measure as per article 6.2.2.  As such, Rollers want the BPL DC ruling upheld.

In presenting the interim order after hearing the matter, NDC chair Mmoloki Keganne stated that the appellant Centre Chiefs and the respondent Township Rollers should simultaneously submit written submissions by Friday (June 3) . Keganne said that the decision concerning the case would be reserved with the final judgment to be released on Monday, June 6. Ends