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Safa must rectify, enforce constitution to deal with PSL

Written By Unknown on Tuesday, January 10, 2012 | Tuesday, January 10, 2012


Without clubs acknowledging and serving in the best interest of SA football, as clearly stipulated in the 'Clubs' chapter, article 23.4 of the SAFA Constitution, the same Premier Soccer League clubs operate and exist unconstitutionally.

More players have been recalled, ahead of the practice match against Zambia on Wednesday, from an already debilitated Bafana Bafana team that scrambled to a goalless draw against the No.: 150-Fifa ranked Equatorial Guinea last Friday. But the club-versus-country ghost will continue to haunt the local game until SAFA sees the need to rectify and impose their constitution to deal with the PSL. As it is, and as MaximalFootball.com once wrote, South African clubs do not operate in the best interest of South African football. They operate unconstitutionally and as demonstrated in this case cannot serve the best interests of the local game.

Lunatic, demented or scandalous as it may sound, there is no credible argument that even the highest football body in the country, the South African Football Association, can present to the contrary. Article 23.4 of the SAFA constitution states ‘A club may be owned by a South African or foreign company provided that it is in the best interest of South Africa football.’ Regrettably, that is currently not the case with the local clubs, who continue to serve their individual, selfish interests ahead of those of SA football. SAFA is left with no option but to strongly enforce those constitutional provisions!

In all other constitutional or regulatory frameworks used in other countries, clubs are regarded as fundamental structures for the development of the game, performance, international representation, eco-social up-lifting, etc., which are all considered to be of national interest.

Shockingly, there is no other stipulation, regulation or anything whatsoever that could indicate what those interests of South African football essentially are - which clubs should acknowledge, respect, fulfil and be responsible of. Zilch! And the question ‘how and why was article 23.4 enacted without any form of enforcement thereof?’ should be asked! Without being effectively and strictly regulated clubs' activities CANNOT serve THE BEST INTERESTS of football and the nation's.

For clubs to serve the national and football interest they have to be regulated - it's the only possibility!

Inconceivable as it may be, without clubs acknowledging and serving in the best interest of SA football, as clearly stipulated in the 'Clubs' chapter, article 23.4 of the SAFA Constitution, the same clubs operate and exist unconstitutionally because they are NOT IN THE BEST INTEREST OF SA FOOTBALL! This is just one of the many scandals of the local game and this predicament should be included in the agenda of the upcoming Sport Indaba and radical measures should be recommended.

SAFA must rectify this part of their constitution. They need to define what they mean by the “best interest of South African football.” If they don’t they will continue to have no right to stop national team players from joining BB or to complain about the national policy of running our national teams. They are not part of the system – unfortunately they are an ‘independent’ entity and this cannot be accepted anymore!

MaximalFootball.com, fairly young as it is, was the first break the looming Club Licensing crisis a few months ago. The situation where the PSL seeks to license its own clubs needs to be stopped immediately by SAFA. While the hatchet is said to have been buried between the two warring organisations it is a well-known fact that they in fact do not drink from the same cup.

Since the Football Transformation Forum won the SAFA elections on 26 September 2009, the PSL has openly sought to become independent of SAFA. The Executive Committee of the league’s recent appointment of Edward Nathan Sonnenbergs Attorneys “to handle the corporatization process, which will result in the NSL ceasing to be a voluntary association and becoming a company incorporated in terms of the Act” is one worrying example in this regard. Since the fateful 26-September day the PSL has, on numerous occasions, pulled in a different direction, BUT they MUST NEVER be allowed to license their clubs.

The PSL is run by club owners and the question is ‘How is it possible that club owners can license themselves?’ Who would at SAFA, CAF and FIFA accept this paradox?

How are those club owners going to pass a regulation that should be in the best interest of the local football, when or if that regulation happens to be a prerequisite some clubs cannot meet and could therefore have them risk the disapproval of their licences? It is a clear indication that regulations that are easy for clubs to meet will be considered instead of those that could benefit the game indiscriminately.

The fact is, according to article 3.2.1, ‘Who is the licensor’, it is clearly stated that the licensor should be the member association. Nowhere is it stated that the league has to be the licensor. UEFA is the licensor in Europe and how does the PSL grant licenses in South Africa? It is the normal procedure that such club licenses should be approved by an independent Licensing Board appointed by Safa. The composition of the Board should comprise technical, managerial, and administrative personalities with background in professional football and/or leadership in the SA Football Association.

Minimum requirements, community based and community representation in the clubs’ management committees, AGMs, home ground, training facilities, youth development programs, coaching qualification requirements, as stipulated by the Football Association concerning professional clubs, are general prerequisites in complying with Pro Club Licensing regulations. However, it is a pity that some of the requirements will be manipulated to suit those that will be licensing themselves rather than to benefit the game if the PSL is allowed to go ahead with licensing itself.

The perturbing regress of the local game is as a result of non-unitary general policies and programs, especially of technical and developmental nature, employed by separate football governing entities such as the national football association and the professional league. A unitary approach to this vital requirement has to be reached in the name of national interest.

By Editor of Maximal Football
Original story: http://goo.gl/vdMGk
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