BY DUNCAN KGANGKENNA
Former Botswana Football Association (BFA) president, Tebogo Sebego, wants his successor, Maclean Letshwiti investigated and charged for misconduct.
The latest acrimony comes as a fallout emanating from a failed attempt by the Letshwiti led regime to have Sebego charged for his Facebook posts which the BFA president viewed as unpalatable and tarnishing the image of the association.
Sebego accuses Letshwiti of failing to promote good corporate governance in that he has abused his office or failed to protect and observe the BFA statutes and must take responsibility as an individual and be sanctioned accordingly.
The move is a strike back from Sebego who was arraigned before the BFA disciplinary committee on charges written by Letshwiti. The former BFA president however emerged victorious as the BFA Disciplinary Committee faulted Letshwiti’s motive and actions by charging Sebego.
In its judgment the BFA disciplinary commitee ruled that the charges against Sebego ‘are a procedural irregularity’ as they contradict articles 116 and 117 of the BFA Disciplinary code.
Sebego argues that it against the BFA statues that the BFA president can charge him when there are conflict resolution bodies within the BFA that are tasked with dealing with issues of discipline. Sebego’s facebook post that landed him in trouble reads thus; “So these football cowards are using unorthodox methods to try stop others from standing for elections, they need a small lesson.” He continued; “Which organisation facilitates the breach of its own governing statues? This is a constitutional circus. Satan rules” Sebego posted.
It is said Sebego has reported the matter to the BFA disciplinary committee because he felt Letshwiti has failed to protect the BFA Constitution as required by his position and submit that his conduct is incompatible with the BFA statutes and must take responsibility as an individual and be sanctioned accordingly.
The BFA leader, Letshwiti viewed the post as derogatory, defamatory and brought the good name of the BFA and officials into disrepute,” said BFA in its charge sheet.
Sources say Sebego accuses the Letshwiti of being the complainant, investigator and the prosecutor of his own complaint. He said Letshwiti’s actions undermine the judicial structures established by the BFA constitution and is a clear violation of the BFA statutes by Letshwiti who is supposed to protect them.
Letshwiti is accused of violating the BFA disciplinary code by failing to report the alleged transgressions to the disciplinary committee contrary to article 116(2) of the code.
Article 92: of the BFA Disciplinary Code demands that the judicial bodies must pass decisions entirely independently and in particular not receive instructions from any other body. Letshwiti n being the signatory of Code is well aware of that he cannot make decisions for DC, be in terms of making a decision to charge any person nor determining and dictating the manner in which the process will unfold.
Charging Sebego was a clear violation of the Code in more than two ways, Letshwiti conduct deliberately disregarded the BFA statutes.
In its ruling, the BFA DC ruled that the charges against Sebego ‘are a procedural irregularity’ as they contradict articles 116 and 117 of the BFA Disciplinary code. Article 116 talks to the process of reporting incompatible behavior to a judicial body while 117 talks to the investigation that needs to be undertaken following such a report.
The BFA DC agreed with Sebego that there had been no written complaint by any ‘person or sports body’ reporting any conduct by the former BFA president that may have been considered ‘incompatible with the regulations of the BFA or FIFA to ‘the judicial bodies.’
Sources say, Sebego’s complaint has been also forwarded to BFA ethics committee to also consider for any possible violations of ethics.
The DC in its ruling further observed that there were no investigations carried out under the guidance of a judicial body chairman as per the BFA regulations.
“The charge is pursuant to a preliminary investigation. None was done here, certainly not in compliance with the code. A report on the other hand follows a value judgment by the body or person making the report,” so reads the BFA DC judgment.
“It is the committee’s view that the proceedings are irregular, improper and not in compliance with the Code of Conduct and should therefore be struck out. It is important that the process by which parties are brought to book must not only seem to be fair, it must in fact be seen to be fair in so far as it is carried. The adage justice must not only be done but must be seen done rings true,” the BFA DC ruled.
The BFA leader has been accused of witch-hunting officials who are believed to be in support of the former BFA president, Sebego.
Among those perceived to be pro, Mara (Sebego) included the suspended Debswana First Division North League (DFDNL) executive committee led by Mpezeni Sambandawe, Isaac Mabuta of Francistown Regional Football Association (FRAFA), Themba Senyemba of Chobe Regional Football Association and Sebego’s right hand man Tariq Babitseng.