The Botswana Football Association (BFA) CEO, Mfolo Mfolo, has not taken kindly to a letter circulating from the Registrar of Societies, which suggests that the association's constitution could be unlawful.
In a media address this week, Mfolo said the BFA has been forced to come out and clarify the issue after concerns over the 'unlawful' amendments to the constitution. He said it was paramount to address the allegations as they tarnish the stature of the organisation. “We have to address this matter as it is quite unfortunate because it is already on Facebook. We first saw this issue on Facebook and the letter arrived a day later to us. These soil the name of the BFA,” Mfolo said. The letter dated June 24, 2024, and signed by the Registrar of Societies' Ofentse Gojamang challenges the BFA to demonstrate that it had not, in 2021, unlawfully altered the constitution.
“We are in receipt of a complaint from some of your members who also state to be participants/delegates in all general assemblies of the BFA supreme body, indicating that your constitution date June 25, 2021, stamped by the Registrar of Societies carries several changes that were never discussed and voted upon by the BFA general assembly,” the letter reads. The Registrar of Societies said failure to prove the changes were legal, would result in the constitution being declared null and void. Mfolo said that it was quite unfortunate and disappointing that the Registrar of Societies had indicated that they are considering declaring the constitution null and void. "We are surprised by the action of the Registrar. It is not for the Registrar to be writing to BFA telling us that the constitution will be declared null and void. What they should do is to seek clarity (and) not to declare our constitution null and void," Mfolo said.
He argued that the amendments were lawful as the right channels were followed. He said three top attorneys were appointed to oversee the amendment of the constitution. “The president guided that the motivation was to look at the specific clauses that were wayward. The president went on to say that they engaged (lawyers) Tshiamo Rantao, Steve Sibanda, and Lore Morapedi to attend to them. After the review they took the draft constitution to FIFA for consideration,” Mfolo said. He highlighted that the draft constitution was then accepted by FIFA and was never deemed fraudulent or unlawful. “Our constitution is FIFA-approved. The document was returned with comments that FIFA had made to ensure compliance. He assured the assembly that the draft constitution is FIFA-compliant,” he said. He added that the constitution was adopted unanimously by the general assembly.
Mfolo said he felt there were few issues raised by the Registrar's letter, which included the presidential term and age limit as the elections are on the horizon. “No person may serve as president for more than three terms of office (whether consecutive or not). All other members of the NEC may serve more than three terms of office. (The president may) not be less than 30 years and not more than 75 years old,” Mfolo said.
