Baboneng threatens to sue BFA for P20m
Koketso Kgoboge | Friday April 10, 2020 14:50
The company had lodged an urgent application for possible legal damages and future loss of business due to termination of First Division Football league broadcasting rights agreement by the football body and lost with costs.
According to the film production company chairperson, Kesebonye Seabelo said they would not let the matter rest and were prepared to file a P20 million lawsuit against the BFA.
BFA chief executive officer Mfolo Mfolo could not comment on the matter. He conceded Baboneng could still lodge an appeal with the appeals court after the dismissal of the urgent application and that restricted them from commenting. 'The matter is under sub-judice so we cannot comment,' he said.
In 2017, Baboneng entered into a five-year contract with BFA to air the Debswana First Division matches and the deal was expected to see Baboneng pay the BFA P9 million over the duration of the contract.
Baboneng was handed the TV, radio, print, internet rights as well as the branding of stadiums. Only one match was aired before the BFA pulled the plug on the deal hardly nine months after it was signed.
In the termination letter, BFA argued their partner failed to observe certain obligations of the contract. Amongst other reasons, the company failed to air a minimum of 80 games in the season as per the agreement.
When responding to issues of failure to observe the agreement, Seabelo said they reached an amicable solution with the association. He revealed they encountered difficulties in bringing sponsors on board, and that was discussed and cleared.
He argued the BFA failed to honour the arbitration clause on the agreement when they cancelled the contract, thus nullifying the cancellation. He claimed that even after the termination he continued to hold meetings, accompanied by the BFA president, Maclean Letshwiti. He gave an example of a meeting at the Ministry of Youth Empowerment, Sport and Culture Development (MYSC).
“Our case with the BFA for TV Rights is far from over. We initiated this process. Our contract with the BFA can never be cancelled unless we have exhausted the arbitration clause, which BFA failed to follow,” he said.
He added that the High Court ruled out that due to our current coronavirus situation they didn’t see the urgency in their case that is how they lost last week.
“We are carrying on with the case on normal court application as there was clear evidence of possible legal damages and future business loss purported by the BFA and we are suing for P20 million that we can justify.”
According to an insider at the association, the battle between the BFA and Baboneng stems from a pending approval of funding from the MYSC of an application initiated by the latter.
The source claims the BFA intends to grant the broadcasting rights to a known company that has been involved in the deals between them kaçak iddaa siteleri and Baboneng, which has agitated the film production company.