Vikings, BSA fight rages on

Calistus Kolantsho | Friday October 4, 2019 10:39

The fight started when the BSA barred Vikings from participating at this year’s tournament, held over the President’s Day holiday, citing late registration. The club took the matter to court and lost.

BSA then summoned the club for a disciplinary hearing in August, for taking the association to court, and flouting the constitution. The club wrote to the Botswana National Sport Commission (BNSC) appealing against the decision to call them for a hearing.

The BNSC, through the then acting chief executive officer, Bobby Gaseitsiwe sided with BSA, to take action against the club.

But Vikings rejected BNSC’s ruling on the matter through their lawyers.

“There has been no hearing of the appeal and ex fascia the contents of the letter, the decision was taken by Gaseitsiwe alone. The BSA was not heard on the appeal either,” the club said.

“Our humble view is that a decision cannot be made based on the grounds of appeal without having heard the substance of those grounds, as you purported to do.”

The club’s lawyer, Yul Shara Moncho said the ruling failed to take into account matters raised on the grounds of appeal but simply wanted Vikings to acknowledge that they were late therefore the decision to bar them was upheld.

“Clearly this is not a consideration of the appeal, even if it were to proceed on the submitted grounds alone,” he said.

Moncho argued that most importantly, a duly constituted board, which shall hear both sides, must hear the appeals. He said it was not supposed to be the administrative decision of the commission’s CEO.

He said that was not done in this instance. Moncho stated that they do not recognise the contents of the BNSC letter and reject it outright, demanding their case to be heard by the Appeals Board.