Setete at BFA’s mercy

FOOTBALL
Suspended Botswana Premier League (BPL) General Manager Phuthego Setete is likely to know his fate as early as Sunday after Industrial Court judge Isaac Bahuma on Tuesday dismissed his application against the Botswana Football Association (BFA).
Speaking to BG Sport after the judgement was delivered, BFA legal advisor Onkagetse Pusoentsi said the Chairperson of the BFA Disciplinary Committee will make recommendations on the findings of the judgement, upon which the BPL Board of Governors will make a decision on Setete. The Board is expected to meet on Sunday.
Setete’s application was questioning a decision by the BPL to summon him before the BPL Board of Governors at Lekidi last month. The application challenged the BPL Board of Governors’ power to preside over employment issues, arguing that the Premier League Assembly was the relevant body to preside over such matters. The Tuesday judgement effectively means that Setete’s fate will now be at the mercy of the BFA.
Setetes’ attorney Otto Itumeleng   previously argued that powers conferred by the BFA constitution on the BPL did not include the powers to deal with issues of employment of the staff. Setete, who has been on suspension for over a month, faced eight counts of gross negligence of duties and one count of concluding an unauthorised transaction.
In some of the counts he is facing, the BPL Board accuses Setete of failing to ensure that there were documented financial and accounting procedures for the leagues’ various transactions, which exposed the BPL to fraud and misappropriation of funds. Delivering his judgement this week, Bahuma found that it was correct from reading the BFA Constitution that that the employment of personnel, fixing salaries, terms and conditions of service fall within the mandate and responsibility of the Premier League Assembly instead of the BPL Board of Governors.
“Therefore, to the extent that the Premier League Board initiated disciplinary proceeding against the applicant (Setete), they had clearly usurped powers which in terms of the Constitution, they do not possess,” Bahuma contested. Bahuma added that only the BFA has the capacity to institute disciplinary action.
In his application, Setete, who was not present when judgement was delivered, had argued that charges laid against him were motivated by bad faith.