Botswana Football Association should know their place in this current saga

Botswana Football Association should withdraw their letter because it violates Corporate Governance and the memorandum of Agreement for the Autonomy of Botswana Football League Pty Ltd as a matter of urgency.

I have advised Botswana Football Association never to risk their reputation and good standing on matters that are for a private company that can be diligently addressed by the Companies Act and Regulations, today we are faced with a crisis that threatens the fiduciary duties and responsibilities of Botswana Football Association. Why is it important for Botswana Football Association to understand the ramifications and consequences of this letter and how it may trigger unprecedented risks to Botswana Football and its semblance.

1. Corporate Governance should never be exchanged for a protection policy that is becoming clear with the issue of the former Chairperson Mr Nicholas Zakhem.

2. Corporate Governance dictates that a person shall be referred to be a Chairperson because he or she leads a proper constituted Committee or a group of people, in this case Mr Nicholas Zakhem is suspended by Botswana Football League Pty Ltd, he doesn’t have a Committee or people to lead, he doesn’t qualify to be addressed as the Chairperson.

3. Botswana Football Association should draw a line between their responsibilities as the Regulator and Custodian of football and being a participant, they don’t own Clubs or in the business of managing Clubs.

4. Clubs as the financers of their Enterprises they have absolute Authority to decide what is good for them and the Leadership they want without the involvement of Botswana Football Association.

5. The Memorandum of Agreement that Botswana Football Association has signed with Botswana

Football League Pty Ltd is a legal document that gives direction on the powers and responsibilities bestowed on each party and this can’t be changed overnight with a protection policy because it has serious implications and ramifications to the governance of football business and separation of powers.

6. Clubs have legal powers to stop or suspend funding for any activity in their Clubs if there is a clear violation of Corporate Governance, a case that we all know were the former Chairperson and his Board failed to present the financial Report at the Annual General Meeting.

7. Botswana Football League Pty Ltd has Structures that are enshrined in their Constitution that deal with dispute resolutions, namely Disciplinary Committee and Technical Transformation and Commercialisation Committee.

8. Mr Nicholas Zakhem case can’t be heard at Botswana football Association Arbitration before going through other legal process enshrined in Botswana Football League Pty Ltd Constitution as this will render the whole process as flawed.

9. Imposing people on structures that have legally removed them is not only defeating natural justice, is unproductive and has dire consequences for them and the future of the company.

10. A decision was taken by the Shareholders to remove Mr Nicholas Zakhem as the Chairperson and he is suspended by the Board of Directors of Botswana Football League Pty Ltd, this is the brutal truth that shall never change, their decision is final regardless of how many reasons are advanced by your Office.

As I have clearly summarized why your letter should be withdrawn as a matter of urgency, it is not only your Organization’s reputation at stake, the future of Corporate Governance in Botswana Football and the consequences that may follow if we allow a protection policy to decide the fate of our future, I believe we shall restore semblance immediately to the beautiful Game.