The Voice (Francistown)
Monnakgotla Mojaki
22 April 2008
Gaborone United has been given the green light to use their Zambian player, Aaron Kale, who is on loan from Centre Chiefs.
Extension Gunners had protested after GU beat them 3-2 in a second round premier league game in which Kale played. The hearing took place over two sessions. During the first deliberations the hearing was adjourned in order to call Chiefs to clarify some issues, which were raised by both United and Gunners.
Gunners alleged that GU contravened article 10.3 of the FIFA regulations for the status and transfer of players. The said article states "a club which has accepted a player on a loan basis is not entitled to transfer him to a third club without the written authorization of the club which lent him out and of the player concerned."
Gunners claimed the player was on loan from Kabwe Warriors and thus they couldn't pass him to GU, which would be a third club. Gunners produced letters purported to be from Warriors in Zambia, which showed that the player was on loan to Chiefs.
United, however, had a different stand as they believed the player was a free agent when he transferred to Chefs. GU's argument was based on two letters from Warriors addressed to the player. The said letters were dated 4 January 2007 and 3 January 2007, respectively. The latter correspondence, according to Premier League Secretary, Setete Phuthego, stated they loaned the player to Chiefs while the other one informed him that his contract that ended on December 31 wasn't renewed which rendered him a free agent. Warriors, therefore, were seen not to have any right to claim the player when they had terminated his services. GU, therefore, argued successfully that any agreement entered between Chiefs and Warriors on behalf of the player should be null and void since the player ceased being a Warriors player when his services were terminated.
Chiefs confirmed that the player was first on loan from Zambia. They also revealed that the player initially came to Botswana in 2005 but could not be registered due to the delay in the release of his international clearance certificate. Kale then returned to Zambia and made a comeback in 2006, whereupon Chiefs are said to have resumed negotiations which culminated in the transfer of the player to Chiefs on a loan basis for a period of six months, which was later renewed for a period of twelve months with effect from July 2007.
"Centre Chiefs went to inform the committee that the reason they transferred the player to Gaborone United, although he was initially loaned to them was because United had brought it to their attention that the player had letters from Warriors which showed that he was a free agent. Chiefs further claimed that upon receiving the letters they made an enquiry from Zambia regarding the status of the player. They claim that the club chairman informed them that the player had long been removed from their registry, while the Secretary insisted that the player belonged to Warriors. It was on this basis that they changed the initial status of the player and transferred him to United," Setete said.
Kale himself told the committee that the reason the Warriors secretary acted in such a manner was because the club still owed him terminal benefits.
The committee, however, ruled that the player was properly transferred to Chiefs and Botswana because there is no evidence that led to the contrary. The International Certificate was also said to be legitimate because it was sought procedurally.
The letters from Warriors to Chiefs, Kale and Gunners have been found to be marred by contradictory statements, which make it difficult to buy their story, according to Phuthego. The loan agreement was also seen to be null and void as it was improper.
"It is through this findings that the committee says the player was lawfully transferred to BFA and lawfully played for Chiefs and that was on a permanent basis and Chiefs are, therefore, entitled to transfer the player to a third party," Setete said about the judgment.
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