Tshepo Molwane
7 April 2008
The Botswana Football Association (BFA) Disciplinary Committee (DC) has dismissed a case in which BMC alleged that Mochudi Centre Chiefs used Kekaetswe 'Mara' Moloi when he is not eligible to play for them in a Mascom Premier League game on February 2.
BMC lost the game 1-0 and filed a case claiming that Moloi was transferred from Gaborone United (GU) on January 31 and should not don Chiefs' colours. Presenting the case at Lekidi Centre in Gaborone on Thursday night, BMC chairman Joe Ramotshabi said they were surprised when they saw Moloi playing against them hence the decision to file a protest.
The Ezinkomo chairman pointed out that Chiefs violated the playing rules and regulations and therefore should forfeit the points. Ramotshabi said that the fact that Moloi's transfer was endorsed by the Premier League Committee (PLC) proves that the player had signed for GU and was not supposed to feature for Magosi. In their submission, Chiefs argued that there was no transfer as the player never moved to GU. Though they accepted that they had offered Moloi's registration book to GU officials, they later stopped the transaction after the player said he has not consented to the move. "The endorsement by the Premier League Committee was rather unfortunate," said Banyatsi Mmekwa for Chiefs. Chiefs' communications officer Clifford Mogomotsi said that it was not their responsibility to report the matter to the Players' Status Committee as there was never a dispute between his club and GU. The BFA Play Rules and Regulations says that a matter can be taken to the Players' Status Committee if there is a dispute between two clubs. But in Moloi's case, Mogomotsi said there was never a dispute as the player decided not to join GU when his registration book had already exchanged hands. PLC secretary Setete Phuthego admitted before the Disciplinary Committee that they had endorsed Moloi's transfer to GU. "But the same day, Chiefs came to us saying that there was an irregularity over the transfer of the player and they want to stop the move. When we looked at the issue, we agreed that the transfer should not have been endorsed in the first place hence we cancelled it," he said. Phuthego said that since they have the powers to endorse the transfer, they believe that it is within their rights to cancel it if there is a problem.
"We believe that everything which was done on that day was done in good faith," he told the committee. In the judgement, DC chairperson Tebogo Sebego said the pivotal issue is whether PLC has powers to withdraw a transfer and it is clear that it is within its rights to do so. "The conduct of Chiefs should not be an issue as there was no dispute between GU and Chiefs. We found out that Mara Moloi was not a defaulter and we order that the registration book be returned to Chiefs and the player be allowed to play," said Sebego. BMC were given 10 days to appeal and Ramotshabi said a decision will be taken tomorrow when his committee meets.
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