Township Rollers FC Appeal To Court Of Arbitration For Sports
This season our football is now more prominent in courts than on the pitch. It is now common knowledge that Township Rollers who were league leaders are now position 3 after being docked 10 points following using Ofentse Ntao who is deemed as a defaulter. Β They have now issued a Press Release citing their appeal as follows.
1. Township Rollers wishes to inform the Public that the Executive Committee of the Team has decided and resolved to invoke Regulation 10.3 of the BFA Play Rules and Regulations, as read with the Statutory Right of aggrieved Parties and in the spirit of Fair Play as espoused by FIFA. For avoidance of doubt, yesterday [3rd May, 2016], we filed an application before the Court of Arbitration for Sports (CAS) being the final competent authority to rule on a matter of this nature.
2. Based on the above, and in the spirit of fairness, they have requested the Botswana Football Association and its relevant Structures to suspend the activities and program of the Botswana Premier League henceforth, pending the determination of this matter by CAS. It follows therefore, that the program for the 2015/2016 Season cannot be concluded until this Appeal has been finalized.
3. You may wish to note that it follows, further that, the final week (Week 30) cannot proceed, nor can the beMOBILE Premiership trophy be handed over, nor can the 2015/2016 Season be closed, pending the determination by CAS on this matter.
4. The BFA’s attention has been drawn to paragraph 28 of our Statement of Facts filed before CAS on the above prayer. Principles of law dictate that failure to comply will constitute Contempt of Court in a matter before CAS.
5. The attention of BFA was drawn to the Preamble of the Constitution of the Botswana Football Association as read with the Statutes of FIFA, which clearly outlines our Rights as affiliates of the beautiful game, in affording us the opportunity to argue our matter and explore all available avenues of recourse, in an attempt to vindicate our actions.
Aborted Disciplinary Hearing(s)
6. Finally, we requested from BFA, to kindly furnish us with the following critical documents which formed the basis of the decision of the BPL DC last night not to hear the Protests filed by respective Clubs (Miscellaneous FC, Mochudi Centre Chiefs SC, Police XI FC and Township Rollers):
a. A signed copy of the Minutes of the Board of Governors of the BPL that took the decision to dock Township Rollers 10 points.
b. The signed Resolution (by all present) of the above decision
c. An explanation of the usurpation of the powers of the BPL DC by the BPL BOG (over a matter which in essence was sub judice) in the determination of matters of discipline including but not limited to Protests. It follows, in Law therefore, that the BPL DC ought to have been discharged before the BPL BOG took the decisions they are purported to have taken.
7. We trust you find the above in order and advise that we shall and allow the CAS process to prevail, save as we may be compelled by the circumstances, have no further opinion on the matter until it’s final conclusion.
