Mqondisi Dube
13 November 2009
So much was said but little was revealed about match-fixing allegations that surrounded the Zebras' recent 4-1 loss to China during a press conference addressed by the Botswana Football Association (BFA) president, David Fani in Gaborone on Tuesday.
From what Fani said, one question immediately comes to mind. Who are the relevant authorities that the BFA has handed the matter to? The deliberate failure to give specific details as to who is handling the case has left room for speculation.
In his statement, Fani said external auditors had advised the BFA to go for a judicial inquiry. The inquiry was going to be comprehensive with investigators having statutory powers to access bank accounts and relevant documents besides and summoning individuals to testify and respond to questions. However, prohibitive costs prevented BFA from instituting a judicial inquiry and Fani said since the case is criminal, it has been handed over to 'appropriate authorities'. But who are the 'appropriate authorities?'
The police
Since the allegations are criminal, there is a high possibility that the case is being handled by the police. The police can, at their discretion pass the matter to the Directorate of Corruption and Economic Crime (DCEC). A legal expert said the police can handle the matter and proceed with prosecution.
The DCEC
The DCEC investigates and prosecutes economic crimes and corruption in government and quasi-government bodies. What is not clear is whether the DCEC can deal with cases outside government. In 2007, DCEC moved in to investigate alleged graft at BCL mine.
The BCL management immediately dismissed the probe, arguing the DCEC was acting outside its jurisdiction since the mining company was, at the time, partly owned by a private investor. "The DCEC has no jurisdiction to search a private company like BCL," said BCL general manager, Montwedi Mphathi at the time.
The Directorate of Intelligence Services (DIS)
Although established primarily to deal with security intelligence, the DIS has been actively involved in combating crime. One of the DIS functions is to gather information on security matters inside or outside the country. The information is used for detecting and identifying any threat or potential threat to national security.
Other functions include gathering intelligence at the request of any government ministry, department or agency. There is heightened speculation that DIS might be handling the match-fixing allegations.
There is nothing that stops the DIS or DCEC from being the first port of call for BFA when handing the matter to appropriate authorities.
Who is being investigated?
The suspension of BFA chief executive officer, Tosh Kgotlele suggests that he is the chief suspect. However, in recent weeks, it has emerged that there are other players who might find themselves in the dock. For starters, Kgotlele is not a player or coach and as such cannot directly influence the outcome of a match. So if he is alleged to have accepted a bribe, then there might be other people involved. There are reports that a member of the technical team and a BFA official blew the whistle on the bribery allegations. However, it is not yet clear who is being investigated besides Kgotlele.
Where is China in all this?
The Chinese embassy in Gaborone has remained mum despite the fact that their country has been dragged into the matter. A Chinese government official told Mmegi Sport that they are not involved in the issue, without giving further details. Reports from China indicate that there is a massive crackdown on match-fixing scandals with the national team coach and senior staff of the China Football Association (CFA) allegedly being investigated. But there has been no specific mention of the Zebras-China game.
What does the suspension of Kgotlele mean?
A legal expert said the suspension of Kgotlele might have far reaching implications.
"The BFA can proceed with a disciplinary measure, which is not a criminal measure. There is also nothing wrong with parallel investigations. The only worry is that criminal proceedings might take years and the suspension might be viewed as oppressive particularly so when the individual is acquitted," the lawyer said on condition of anonymity. He explained that even if there is an acquittal, it does not bar the BFA from taking disciplinary action.
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