Court flattens Systems' hopes

BOITUMELO KHUTSAFALO
Staff Writer | Thursday August 30, 2012 00:00

 

Security Systems' application to have the termination of their membership with the Botswana Football Association (BFA) reversed was dismissed yesterday by the High Court judge, Isaac Lesetedi.

Systems lost the case with costs and their lawyer, Kgosietsile Ngakaagae, hinted that they would appeal the matter. They were challenging the decision by the BFA to terminate their membership after failing to pay the annual subscription fee.

Together with Police XI, failure to pay P250 has now cost them their Premier League status. They will now have to apply for re-admission with the BFA, but will go through the normal procedure of beginning in the fourth division.

Lesetedi said the BFA constitution in its article 13.2.6 states that the membership of the Premier League, the First Division (North and/or South), any Regional Association or any club whose subscriptions and/or membership fees remain unpaid after the 10th August in any calendar year, shall lapse and terminate with effect from August 11 that year.

Through their lawyer Ngakaagae, Systems argued that they should have at least be deemed to have paid since they agreed with the regional football association to deduct the money owed to them by the association. However, the respondents (BFA) - through their representative, Reuben Lekorwe - countered that there should be some form of proof of payment, which should have been a receipt, but which they did not have.

Ngakaagae said the reason they took the matter to court was simply because the respondent did not afford them a hearing despite having written to them asking to be heard. He also said the constitution stipulates that the membership of a club can elapse if subscription is not paid, but does not say it cannot be resuscitated.

The decision now means that the position taken by the BFA on matter stands though there is likelihood that Security systems will appeal the judgement. Notwane and BR Highlanders will replace the two sides.  Notwane return to the elite as the best relegated side, while Highlanders were the best losers in the promotional play-offs.

BFA legal advisor Onkagetse Pusoentle said they were satisfied with the judgement because it confirmed the position taken by the association on the matter. 'As it is right now, nothing changes. The two sides are no longer members of the association and they have been replaced by Notwane and BR Highlanders,' he said.