Hand-delivered by an errand boy from Fufa or not, did not reach the Education and Sports Ministry’s fax due to system breakdown or not, it is a letter from the world soccer body as Fifa confirmed on Tuesday. With that put to bed, we can now delve into the contents and I have to say, this is the best response Fifa could have given to minister Jessica Alupo’s invite and concerns in the letter to Zurich last week. I mean, did you expect Sepp Blatter’s mighty machine to give Alupo double-green light to go right ahead and disband Fufa? That would have been nuts of them; they simply do not operate that way. Whether government was ill-advised in contacting Fifa before taking action – despite their well done groundwork to discover the illegality of Fufa limited – is another matter. When your groundwork has returned overwhelming evidence that laws of the land have been compromised, you simply do not ask Fifa whether you should not disband their electoral constituency for you already have the answer. You do your part as government and wait for theirs, and shortly, it’s normalization committee, lifting of ban (if slapped), elections and all. Of course a good number of us have chosen to close our eyes to reality, to the fact that there is a big problem which we must confront. It’s not just registering a national association as a limited company, therein lays dirtier dirt. From accountability, twisting of football rules to favour self - to an allegedly doctored constitution, all is happening. And when Alupo writes to Fifa that “following legal guidance from the Solicitor General of Uganda, the Government of Uganda has the intention to take appropriate measures in public interest with the objective of improving the management of soccer in Uganda,” she is hardly far fetching. Fifa’s response sent some camp into premature celebration, thinking it’s all over now that the Don from Zurich had barked. But a closer scrutiny would return otherwise results. For starters, Fifa had to do the basics; quote articles 13 and 17 of the Fifa Statutes. “All Fifa member associations have to manage their affairs independently and without influence of any third parties as clearly stipulated in articles 13 and 17 of the Fifa Statutes,” wrote Jerome Valcke, the Secretary General. He then went on to threaten a suspension should government go ahead and disband Fufa. But then there is this article a certain group may have ignored in declaring premature victory. Article 15 (c) of the Fifa Statutes states that the Congress “may expel a member if it (that member) loses the status of an Association representing Association Football in its country.” Government findings already show Fufa Limited have been conducting association football illegally and in registering a national association as a limited company, the same ‘evil’ for which the late Denis Obua’s regime was disbanded, they had broken national laws. In essence, the said article in the Fifa Statutes automatically expels Fufa since it has lost the status of an Association representing Association Football in its country according to government findings, yet to be made public. It’s to this article that government has a war chest, it’s to this government can take action and not listen to the threats. Laws of the country have been broken and the situation has to be fixed. Period. Valcke is an intelligent chap. He saw article 15 (c), the reason he tasked Fufa to find out whether Ugandan laws allowed them to register as a limited company. And by means of a letter dated June 7, 2012, Fufa received confirmation from the National Council of Sports (NCS) that it was recognized, registered and certified as the only local/national football governing body in Uganda. Fifa then knew that by means of such a letter, the NCS also explicitly confirmed that it had “no qualms or reservations whatsoever on the status of Fufa ltd.” The said NCS letter was written by its General Secretary Jasper Aligawesa, conflictingly – also Fufa limited guarantor - without consulting heads at the ministry, the basis on which Alupo directed his interdiction last week for breach of duty although he continues to report to the job as he awaits his official sack letter. Government’s case is easy. An individual from NCS aided Fufa in breaking the law and we have acted upon them. Legal reforms Gauging from Alupo’s correspondence to Fifa, Valcke is aware Fufa could be in trouble, thus his openness to legal reforms, although the Frenchman remained guarded in saying “such changes should not affect the constitutional structure of the federation.” Valcke adds that Fifa can honour government’s invitation “only if Fufa’s legal status is further clarified.” And that is what government is actually doing. Of course there is the ban talk. Ugandans should have their eyes open. Fifa cannot be rebel to their statutes, the reason they cannot directly tell you to disband Fufa. And in the event Fifa suspend a member, the ban is usually lifted as soon as Fifa and government sit at some round table in the confines of Zurich and abuse their own statutes of “no government interference.” The latest case is Cameroon - who were banned last month for government interference and the ban lifted this week after a dialogue between government and Fifa. Whether government’s action will attract a ban should not blind us. We’d rather diagnose the cancer early and eliminate it rather than feed it with fear of the unknown and it kills us. Government’s impending action may not satisfy some majority but as Dr Thomas Stockmann writes in the Enemy of the People, “The worst enemy of truth and freedom in our society is the compact majority. Yes, the damned, compact, majority.”
Posted on: Thu, 25 Jul 2013 08:36:33 +0000