On May 2, BFA terminated the agreement, but All Kasi has hit back, taking the matter to court for redress. In January, BFA president, Tariq Babitseng told the media that there were challenges in the deal, indicating the local clothing company was struggling with meeting some requirements, include kit supplies. The BFA wrote to All Kasi informing them of a decision to terminate the deal as there had been a breach of contract. "The Botswana Football Association has previously communicated its concerns regarding the repeated failure to comply with material terms of the written agreement entered on September 1, 2024, being the kit supply and sponsorship agreement. These concerns include but are not limited to your failure to remit the agreed five percent royalties to the association despite repeated demands as well as your inability to fully supply the required kits for our national teams," the letter reads. "These failures and/or omissions constitute material breaches of the agreement's terms. Consequently, the association finds itself compelled to invoke the provisions of Clause 12.2 of the said agreement," the BFA added. Clause 12.2 reads: "If a Party (Defaulting Party) commits any breach of this Agreement and fails to remedy such breach within 30 business days of written notice requiring the breach to be remedied, then the Party giving the notice (Aggrieved Party), will be entitled, at its option; to claim immediate performance of any of the defaulting party's obligations under this agreement with or without claiming damages, whether or not such obligation has fallen due for performance and to require the defaulting party to provide security to the satisfaction of the aggrieved party for the defaulting party's obligations or to cancel this agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the defaulting party, and the cancellation shall take effect on the giving of the notice."
In the letter to All Kasi, BFA said in view of continued non-compliance, it had decided to terminate the agreement, giving a 30-day notice from May 2. BFA promised to pay All Kasi for delivery of kits recently, subject to "verification and reconciliation" of the quantities. "This gesture is extended in good faith and without prejudice to the Association's rights arising from your prior breaches of contract," reads the letter, signed by acting chief executive officer, Kago Mosinyi. The BFA requested All Kasi to furnish the association with quantities of other products that had already been produced but not delivered, or delivered to a retailer for sale. In response, All Kasi, through their lawyers, Gulubane Law Chambers challenged the termination. "It is our considered view that the purported termination of kit contract by yourselves is unlawful on the basis that it does not comply with the provision of Clause 12.2 on which it is based," the lawyers argued in a letter to BFA dated May 6, 2025 All Kasi argued that the move was vague on the specific reasons of termination, and that the company was never given any notice of any specific breach to the contract. "Tsa Gae (Pty) Ltd (All Kasi company name) was never given the 30 days provided for by the contract to remedy any alleged breach, whether be it the payment of royalties or failure to supply the kits as alleged. The termination is arbitrary, capricious and tainted with bad faith as it comes in the midst of negotiations between the parties for the review of the contract and immediately after Tsa Gae (Pty) Ltd had just placed on the table its counter proposal to that proposed by yourselves," All Kasi, through their lawyers, argued.
