The BFA recently wrote to Sebego, amongst others, who include Botswana Football League (BFL) shareholders, to show cause why action should not be taken against them.
The BFL chairperson, Nicholas Zakhem and BFA CEO, Mfolo Mfolo, are amongst some of the high-profile figures to receive ‘show cause’ letters. However, sources close to developments said the ultimate target is Sebego who briefly led the BFL as chairperson on an interim basis.
Sebego is seen as a potential challenger to incumbent BFA president, Maclean Letshwiti, in the upcoming elections. But sources said Sebego and others had violated certain statutes and therefore have to face the music. “You cannot take fraudulent resolutions and stay in the league and even assume the position of interim BFL chairperson,” the source said.
This week, Sebego said he had not received the suspension letter. After the BFA wrote to Sebego about his involvement in the recent BFL leadership wrangles, which saw the league temporarily suspended, he challenged the mother body on the legality of the intended disciplinary action. In his argument in a letter to the BFA president on January 24, Sebego said the association had no legal right to act against the BFL which was autonomous. “The BFA constitution recognises (the) BFL (Pty) Ltd as a Special Member. This, in our understanding, is premised on the understanding that the BFL is a separate legal entity with a distinct persona from the BFA.
The ‘Special Member’ attribute distinguishes BFL from other BFA members such as women’s football and regional structures,” Sebego said. Amongst other reasons, Sebego added that the shareholders of the BFL are its supreme decision makers and have the authority to “do any act or thing as may be required to give effect to the object or exercise power of the league”.
He cited provisions that give BFL autonomy as a structure under the BFA. “From a reading of the above provisions, the president’s letter lacks legal authority for issuance of a ‘show cause’ letter. The Board of Directors are mandated to regulate and administer the league to the exclusion of third parties,” he said.
He added that Letshwiti's move to discipline him was equivalent to usurping the BFL’s powers to resolve its issues. Sebego questioned if Letshwiti had the right to deal with BFL directors without the consent or reference of shareholders. However, the BFA did not respond to Sebego’s concerns. As a follow-up, Sebego is said to have written a letter to Mfolo this week demanding answers. In the letter, Sebego is said to have accused Mfolo and "his cronies" of not taking judicial processes seriously.
He indicated that if he did not get a response, he intended to take up the issue with the Registrar of Companies and the Botswana National Sport Commission “for the flagrant violation of the BFA Statutes, BFL Constitution and the Companies Act”. Meanwhile, Zakhem, who has been reinstated as the BFL chairperson after taking the matter to court, said he had responded to the ‘show cause’ letter but did not go into detail.
