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FOOTBALL ASSOCIATION (B.F.A)

CONSTITUTION

ARTICLE 1:

NAME

The name of the Association shall be Botswana Football Association.

ARTICLE 2:

INTERPRETATION CLAUSE

“ASSOCIATION” Shall mean the Botswana Football Association.

“CAF” Shall mean the Confederation of African Football.

“CLUB” Shall mean any organisation of persons or entity established for the purpose of playing the game of football, registered in terms of the Societies Act or in terms of any other law, being a legal entity, enjoying a separate existence from its members, having power to sue and be sued in its own name, capable of owning property separate from its members, having perpetual succession and registered with any of the Association’s Regional Football Associations as a member.

“COMMITTEES” Shall mean all Committees contemplated by and/or established under this Constitution and shall include both standing and ad hoc committees.

‘’COUNCIL” Shall mean the National Football Council.

“COSAFA” Shall mean the Council of Southern African Football Associations.

“FIFA” Shall mean the International Federation of Football Associations.

“GENERAL ASSEMBLY” Shall mean the Biennial and Special Meetings of the Association.

“IFAB” Shall mean the International Football Association Board.

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“LEAGUE Shall mean the Annual or Special Meetings of the League DIVISIONS Divisions in the respective Regional Football ASSEMBLIES” Associations or the National League.

“MEMBER” Shall, in relation to the Association mean any Regional Association or the National League and shall also mean any club and/or official in relation to the Regional Football Association or the National League.

“MOTIONS” Shall mean proposals which are submitted to the General Assembly in accordance with this Constitution for consideration and/or adoption.

“NATIONAL COACH” Shall mean the technical manager of any National team, such technical manager having been appointed by the National Executive Committee.

“NATIONAL Shall mean the Executive Committee of the Association as EXECUTIVE constituted in accordance with this Constitution. COMMITTEE”

“NATIONAL TEAMS” Shall mean any team of players selected to represent Botswana at the international level, under the auspices of the Botswana Football Association.

“PLAY RULES AND Shall mean the Play Rules and Regulations of the REGULATIONS” Association as amended from time to time by the National Executive Committee.

“REGIONAL FOOTBALL COMMITTEES” Shall mean the committees charged with the responsibility of administering football in the Regions.

“REGIONAL FOOTBALL ASSOCIATIONS” Shall mean the Regional Football Associations of clubs established for the purpose of organising, promoting and running the game of football in each of the regions defined under this Constitution, being bodies / entities of the Association, bound by the provisions of this Constitution.

“REGIONS” Shall mean such geographical areas into which the country may be divided as may from time to time be expedient regard being had to the prevailing circumstances at the time.

“REGIONAL Shall mean the Committees charged with the responsibility LEAGUE for the administration of the respective league committees. COMMITTEES”

“SECRETARIAT” Shall mean the administrative and registered office of the Association headed by the Secretary General and manned by such number of staff as the National Executive Committee shall determine from time to time.

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“ZONES” Shall mean the two areas, North and South, into which the country shall be divided, the boundary whereof shall be a line cutting across the country along the Dibete cordon fence.

ARTICLE 3:

REGISTERED OFFICE

The Registered Office of the Association and its Headquarters shall be at and shall not be changed except by a Resolution of the General Assembly approved by 75% (Seventy- five Percent) of the membership of the Assembly called upon to decide the issue at a special meeting.

ARTICLE 4:

AIMS AND OBJECTIVES OF THE BOTSWANA FOOTBALL ASSOCIATION.

The objects of the Association are:

4.1 To be the supreme authority on matters of football in the country and to control all aspects of the game by taking such steps as are necessary to ensure compliance with its Constitution, rules, regulations, standing orders of FIFA, CAF, COSAFA and the laws of the game as promulgated by FIFA and IFAB.

4.2 To prevent the infringement of the laws of the game and the introduction of improper practices in the game of football and to protect the game of football from abuse.

4.3 To promote the game of football throughout Botswana and to further promote friendly relations among affiliates, members, their members, players, officials and supporters.

4.4 To lay down policy, through the General Assembly, to be observed by all its members, organs, officers, officials of the Association, Regional Football Associations and their members.

4.5 To develop and encourage a spirit of sportsmanship, co-operation, and patriotism amongst members and players.

4.6 To be responsible for the development of football generally.

4.7 To be the sole body responsible for National Team football.

4.8 To promote national health and sporting ideals for both players and the public.

4.9 To promote international relations and to organise international matches.

4.10. To promote and encourage the development of youth football.

4.11 To promote and encourage the development of women’s football.

4.12 To promote and encourage the development of professional football in Botswana

4.13 To develop and encourage the development of amateur football in Botswana.

4.14 To offer, where possible, any assistance to members of the Association who may require such assistance.

4.15 To promote coaching and refereeing standards throughout Botswana.

4.16 To draw up rules and regulations governing the operation of the game in the country.

4.17 To do or cause to be done all such lawful acts as it deems necessary for the achievement and/or furtherance of the aims and objectives of the above objectives.

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ARTICLE 5:

CORPORATE PERSONALITY

The Association shall be a body corporate capable of suing or being sued in its own name. It shall enjoy perpetual succession with the right and ability to own movable and immovable property and other assets for its own purpose and apart from its members, and shall have power to mortgage property and have the power to borrow or apply for loans from Financial Institutions or from any source. It shall have power to do all acts requisite, necessary or expedient for the achievement of the aims and objectives as stated in this Constitution.

ARTICLE 6:

PATRONS, COLOURS, LAWS

6.1 The National Executive Committee may appoint patrons of the Association, not exceeding ten (10) in number, on such criteria as may from time to time be approved by a resolution of the General Assembly.

6.2 The colours of the Association shall be the same as those of the national flag of Botswana.

6.3 The Association and its members shall at all times abide by and conform to the provisions of this Constitution.

6.4 The Association’s Play Rules and Regulations, the statutes, laws, rules and regulations promulgated by FIFA, CAF and COSAFA, as may be amended from time to time, shall be binding on the Association and its members.

ARTICLE 7:

ORGANS OF THE ASSOCIATION

The organs of the Association shall be the following:

7.1 The General Assembly.

7.2 The National Executive Committee.

7.3 The Regional Football Associations.

7.4 The National Football League namely; the Premier and First Division Leagues.

7.5 The National Women’s Football Committee.

7.6 The following standing committees:

7.6.1. The National Football Council . 7.6.2. The National Disciplinary Committee.

7.6.3. The National Referees Committee.

7.6.4 The National Investment and Finance Committee.

7.6.5. The National Youth Football Committee.

7.6.6. The National Team Supporters Committee.

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7.6.7. The National Technical Committee.

7.6.8. The National Medical Committee.

7.6.9. The National Retired Football Players Committee.

7.6.10 The National Players Status Committee.

7.6.11 The National Competitions Committee.

7.6.12. The National Futsal Committee.

7.6.13 The National Statutes Committee

7.7. Any other committees that the General Assembly may, from time to time, establish.

ARTICLE 8:

THE GENERAL ASSEMBLY

8.1 ESTABLISHMENT

There shall be a General Assembly of the Association which shall be the supreme and ultimate legislative authority of the Association.

8.2 COMPOSITION

The General Assembly shall be composed of:

8.2.1 Members of the National Football Council.

8.2.2 Four representatives from each Regional Football Association.

8.2.3 Two representatives from each of the standing committees, save for the National Football Council.

8.2.4 Two representatives from the National Women’s Football Committee.

8.2.5 The following representatives from the National Football League Committees;

8.2.5.1 All members of the Premier League Board.

8.2.5.2 Three representatives from the Northern Zone of the First Division League Committee.

8.2.5.3 Three representatives from the Southern Zone of the First Division League Committee.

8.3 POWERS OF THE GENERAL ASSEMBLY

The General Assembly shall be the ultimate authority on all matters of and concerning the Association and shall have, inter alia, the following powers and functions:

8.3.1 To approve proposed amendments to the Constitution in terms of the laid down procedure.

8.3.2 To lay down policy to be observed by all members, organs, officers and officials of the Association.

8.3.3 To receive and consider applications from Regional Football Associations for membership.

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8.3.4 To approve the appointment of auditors of the Association on the recommendation of the National Executive Committee.

8.3.5 To elect the National Executive Committee, save the Secretary General and the Legal Advisor.

8.3.6 To grant, on the recommendation of the National Executive Committee the title Honorary President, Honorary Vice-President or Honorary Member to persons found deserving such honour for distinguished and meritorious services rendered to the Association, entitling such persons to attend the General Assembly and/or any other meetings of the Association with the right to participate in discussions but not to vote at such meetings. Provided that the Honorary President and Honorary Vice-President shall also be entitled to attend meetings of the National Executive Committee and participate in discussions but not to vote at such meetings.

8.3.7 To suspend, alter or dissolve regions or to create new ones and to demarcate or re-demarcate the boundaries thereof.

8.3.8 To do any and all things which, in their discretion, are necessary, expedient and requisite for the furtherance and attainment of the aims and objects of the Association, nothing excepted.

8.3.9 All powers that are not conferred upon the Regional Football Associations or any matter that is not specifically provided for herein shall vest in the General Assembly of the Association.

8.4 MEETINGS

The General Assembly shall meet:

8.4.1 During the second weekend of July of every year in what shall be called the Annual General Assembly Meeting. Provided that the National Executive Committee may, in its discretion, call the meeting sooner or later, subject only to the condition that the meeting must be called and must take place by the 15th of August of every second year.

8.4.2 At any other time if the National Executive Committee, there is need for a Special Meeting of the Assembly, in which event it shall be termed the Special Assembly.

8.4.3 At the written request of not less than two thirds of the Association’s members.

8.5 ANNUAL GENERAL ASSEMBLY MEETING

8.5.1 Written notices setting out the time, date and venue for the Annual General Assembly shall be posted to members at least 21 days before the date of the meeting.

8.5.2 To be sent with the notices shall be:

8.5.2.1 The proposed agenda;

8.5.2.2 Motions, if any, for consideration by the meeting;

8.5.2.3 Authority that an open lobby on the election of Office Bearers may be initiated.

8.5.2.4 Minutes of the last meeting of the General Assembly;

8.5.2.5 Audited statements of accounts of the Association for the preceding financial year;

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8.5.2.6 Budget estimates for the ensuing financial year;

8.5.2.7 Report of the National Executive Committee.

8.5.2.8 Any other material which, in the discretion of the National Executive Committee ought to be included.

8.5.3 In the event that any of the matters and/or materials to be included with the notice has been omitted, the General Assembly may, upon the agreement of two thirds of the members present and voting, consider it nonetheless.

8.6 SPECIAL ASSEMBLY

8.6.1 Written notices stating the time, date and place of the meeting of the Special Assembly shall be posted to all members at least 14 days before the date of the meeting.

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8.8 MOTIONS

8.8.1 All motions to be considered at the Annual General Assembly shall be forwarded to the Secretary General not later than the 15th of June of each year provided that motions for discussion at a Special Assembly shall be forwarded to the Secretary General 21 days before the date of the Special Assembly.

8.8.2 Only motions which have been sent to the Secretary General in accordance with the provisions of clause 8.8.1 above may be discussed at the Annual General Assembly or at a Special Assembly, provided that motions considered by the National Executive Committee, as urgent or as arising out of the business of that meeting, may be discussed.

8.9 INVITATIONS

The National Executive Committee, shall have the power to invite to any meeting of the Association any person who, in its discretion, may be of assistance to the Association in any regard whatsoever, provided that such person, while he/she may participate in the deliberations and discussions of the meeting, shall not have the right to introduce motions or amendments to any motions or to vote.

8.10 QUORUM

8.10.1 Two thirds of the members of the General Assembly entitled to vote shall constitute a quorum.

8.10.2 If, after two hours from the time the General Assembly was scheduled to begin, a quorum is not present, the meeting shall be adjourned for fourteen days, to be held at the same place, at the same time on the fourteenth day next, or the nearest Saturday following the fourteenth day next if the fourteenth day falls on a Sunday or public holiday or a day within a series of public holidays in Botswana, in which event the meeting shall continue notwithstanding that a quorum shall not be constituted.

8.10.3 Notice of the adjourned meeting shall be given to all members of the General Assembly within 3 days of the adjournment.

8.11 VOTES

8.11.1 Only members of the General Assembly shall vote at a meeting of the General Assembly provided that representatives of standing and ad hoc committees shall not have the right to vote notwithstanding their entitlement to participate at such a meeting.

8.11.2 Subject to clause 8.11.1 herein, a member of the General Assembly shall have one vote only.

8.11.3 Voting shall be by secret ballot and shall be conducted by an independent person appointed by the Chairperson of the Botswana National Sports Council.

8.11.4 Members shall not be allowed to vote by proxy at meetings of the Association.

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8.12 ELECTORAL BOARD

8.12.1 ESTABLISHMENT

There shall be an Electoral Board made up of made up of the offices of the Chief Executive Officers of the Botswana National Olympic Committee (BNOC) and the Botswana National Sports Council (BNSC), one representative from the Ministry of Youth, Sports, and Culture, and a lawyer. Provided that the Chief Executive Officer of BNOC shall be the Administrative Secretary of the Electoral Board.

8.12.2 RESPONSIBILITY

The Electoral Board shall be responsible for the following with respect to the elections of members of the National Executive Committee:

8.12.2.1 To prepare candidature nomination notices and forms in any year of an elective BFA General Assembly. Provided that such notices shall be sent to BFA Structures from the Office of Secretary General of BFA with the rest of the documents for the General Assembly.

8.12.2.2 To develop procedures, as necessary, to guide the conduct of elections and or advise the National Executive Committee and the General Assembly accordingly.

8.12.2.3 To receive all the sealed nominations from the Structures of the Association.

8.12.2.4 To keep the sealed submitted nominations safely until after the closing date for such submissions.

8.12.2.5 To confirm and announce/publicize duly nominated candidates and the positions for which they have been nominated after the set closing date for submissions of such nominations.

8.12.2.6 To formally communicate names of nominated candidates and the respective positions for which they have been nominated to the Secretary General of the Association for transmission to members of the General Assembly at the time of issuing notice of the elective General Assembly

8.12.2.7 To carry out all the required logistical arrangements for the smooth conduct and success of the elections.

8.12.2.8 To conduct the elections on the day of the elective General Assembly

. 8.12.2.9 To count, verify, confirm, and announce the results of the elections at the General Assembly.

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8.12.2.10 To hand over to the President of the Association once all the electoral processes have been concluded.

ARTICLE 9:

THE NATIONAL EXECUTIVE COMMITTEE

9.1 ESTABLISHMENT

9.1.1. There shall be a National Executive Committee consisting of a President, three Vice Presidents (Vice President Administration; Vice President Technical; Vice President Finance Marketing and Research), a Secretary General, a Legal Advisor and three members elected by the General Assembly, and one representative of the Regional Football Associations (RFAs) elected by RFA Chairpersons, one of the Chairpersons of the First Division League, and the Chairperson of the Premier League Board as ex- officio members.

9.1.2 The National Executive Committee shall be the executive organ of the Association and shall be responsible for the day to day running of the affairs of the Association. The National Executive Committee shall exercise such powers and functions as are conferred upon it by this Constitution or the General Assembly.

9.1.3 During their term of office, elective members of the National Executive Committee shall refrain from active participation in the affairs, administration or other activities of any club which is a member or affiliate of the Association.

9.1.4 All members of the National Executive Committee shall, in addition to the duties set out in this Constitution, execute such duties and perform such functions and exercise such powers as are assigned to them from time to time by the General Assembly.

9.1.5 The term of office of the President and elected members of the National Executive Committee shall be four years. The President, Vice President(Technical) and one Executive Member shall be elected at the same Annual General Assembly while the Vice President(Administration), Vice President(Finance Marketing and Research) and two Executive Members shall be elected during the second Annual General Assembly following the election of the President, Vice President (Technical) and one Executive Member. The elective members whose term shall have expired or about to expire shall be eligible for re-election.

9.1.6 By virtue of being a full time paid official, the Secretary General shall not have voting powers at any meetings of the Association or the National Executive Committee.

9.2 NOMINATIONS

9.2.1 The candidatures for positions in the National Executive Committee shall be proposed by one member of the Association supported by four additional members and must be submitted to the General Secretariat by the 15th June of the year of the elective Annual General Assembly in such form as shall be prescribed by the National Executive Committee. The names of the candidates shall thereafter be transmitted by the Secretary General to all the

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members of the General Assembly at the time of issuing the notice of the elective Annual General Assembly.

9.2.2 Nominations shall be sent to the Secretariat by registered mail, courier or by hand delivery.

9.2.3 At the expiration of the dead line for the submission of the names of candidates, all candidates duly nominated will become final and will be submitted for voting, unless a candidate subsequently renounces his/her candidature. 9.2.4 In the event that any candidate should renounce their candidacy or for any reason whatsoever become unavailable for election after the date set for the closure of nominations, members of the Assembly shall immediately be notified of this fact and, in the event that the said nomination was unopposed, fresh nominations may thereafter be validly made. In the event that other nominations exist at the time of such withdrawal or unavailability then the elections shall proceed accordingly.

9.2.5 At the time of nomination, candidates must be citizens of Botswana and must not be less than 30 years old and not more than 75 years old.

9.2.6 Subject to the provisions of clause 9.2.3 herein, candidates whose nominations are received after the expiration of the deadline or who are above the age of 75 years shall be invalid.

9.3 FUNCTIONS OF THE NATIONAL EXECUTIVE COMMITTEE

The National Executive Committee shall:

9.3.1 Supervise the overall performance of other committees and give directions, instructions and assignments to the committees, officers and officials of the Association.

9.3.2 Implement the decisions of the General Assembly.

9.3.3 Formulate matters of policy for consideration and approval by the General Assembly.

9.3.4 Keep, through the Vice President (Finance Marketing and Research), all assets of the Association be they movable or immovable, and may, from time to time, call for reports from the Vice President(Finance Marketing and Research).

9.3.5 Through the Chief Executive Officer/Secretary General, prepare and distribute to all members of the General Assembly, minutes of the previous meeting(s) of the General Assembly within ninety (90) days of the date of the meeting of the General Assembly. Unless notification of correction is thereafter received within sixty (60) days of the date of dispatch, the minutes shall be deemed to be correct.

9.3.6 Exercise any of the powers of the General Assembly in order to deal with any

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matter which, in its discretion, is one of urgency requiring such exercise. In this event, the ratification of the General Assembly for such actions, shall be sought at the next meeting of the General Assembly.

9.3.7 Draw up rules and regulations governing the operations of the Association.

9.3.8 Review periodically, the progress of the Association and suggest methods of improvement.

9.3.9 Review, through the Secretary General or any other member of the National Executive Committee authorised thereto, any report, matter or suggestion relating to the activities of its members. Upon receipt of such report, matter or suggestion, the National Executive Committee shall discuss it and give direction.

9.3.10 Ensure that the football season commences during the second weekend of August of one year and finishes by 15th of May of the following year, provided that, when necessary or desirable, the National Executive Committee may delay the commencement of the season by not more than two weeks and/or extend the football season to any date beyond 15th May of each year.

9.3.11 Have the power to give such directions to the respective Committees as may be necessary or desirable in the interest of the game of football.

9.3.12 Be the ultimate custodian of all the property and assets of the Association, subject to the decisions and directions of the General Assembly.

9.3.13 Decide the employment of personnel and fix their remuneration and terms and conditions of service.

9.3.14 Have the power to delegate to any of its organs, committees or subcommittees any of its powers and functions whenever and wherever necessary.

9.3.15 Do all such lawful acts as it deems necessary for the achievement and furtherance of the aims and objectives of the Association and this Constitution.

9.3.16 Have the power to make any loans or grants to any organ, Member Club or Committee of the Association and fix the terms of repayment thereof.

9.3.17 Have the power to establish subcommittees and/or ad hoc committees.

9.3.18 Appoint member of standing committees of the Association.

9.3.19 Exercise any and all other powers and functions that it may be given by the General Assembly.

9.3.20 Appoint a Legal Advisor of the Association.

9.3.21 Appoint a Secretary General of the Association on a renewable contract not exceeding five years at a time.

9.3.22 Have the authority to enter into legally binding contracts on behalf of the Association.

9.3.23 Draw up Rules and Regulations governing the financial, material and other support to be received by any member, directly or indirectly, along with sanctions for violation of any rule and/or regulation in relation thereof, such Rules and Regulations being in the interests of fair play.

9.3.24 To give such directions to the respective Regional Football Associations or

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other organ of the Association as may be necessary or desirable in the interest of the game of football.

9.3.25 To suspend, alter or dissolve regions or to create new ones and to demarcate or re-demarcate the boundaries thereof.

9.3.26 To lay down rules and regulations concerning the promotion and relegation of any team playing or participating in any league.

9.4 DUTIES OF THE MEMBERS OF THE EXECUTIVE COMMITTEE

9.4.1 THE PRESIDENT

The President shall:

9.4.1.1 Be the head of the Association and the embodiment of its spirit and the defender of the provisions of this Constitution.

9.4.1.2 Preside at national football occasions and meetings of the Association.

9.4.1.3 Supervise/oversee the Secretary General and other members of the National Executive Committee.

9.4.1.4 On advice of the National Executive Committee, sign all appeals for funds by the Association.

9.4.1.5 In the absence of the Secretary General or the Vice President (Finance Marketing and Research), counter-sign the signature of the Vice President (Finance Marketing and Research) or the Secretary General to cheques of the Association.

9.4.1.6 Preside at meetings of the National Executive Committee, the National Council and the General Assembly.

9.4.1.7 Be responsible for the mobilisation of finance, other resources and sponsorship for the Association.

9.4.1.8 Be authorised to enter into legally binding contract(s) on behalf of the Association, provided that the terms and conditions of the contract(s) shall be approved by a meeting of the National Executive Committee.

9.4.1.9 Maintain cordial and beneficial relations with national and international sporting bodies and other organisations.

9.4.1.10 Have both a deliberative and a casting vote.

9.4.2 THE VICE PRESIDENT (ADMINISTRATION)

The Vice President (Administration) shall be the First Vice President and shall:

9.4.2.1 Be responsible for and supervise the general administration of the Association.

9.4.2.2 Be responsible for international relations and networking.

9.4.2.3 Be responsible for sponsorship in general.

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9.4.2.4 Oversee the administration of football in the Regional Associations.

9.4.2.5 Generally assist the President in the execution of his/her duties and act as President in the absence or incapacitation of the President. . 9.4.2.6 Carry out such duties and functions as may be assigned to him by the National Executive Committee and/or the President.

9.4.3 THE VICE PRESIDENT (TECHNICAL)

The Vice President (Technical) shall be the Second Vice President and shall be responsible for:

9.4.3.1 The development of football at the grass root level.

9.4.3.2 Youth Football.

9.4.3.3 Women’s Football.

9.4.3.4 League Football.

9.4.3.5 National Teams.

9.4.3.6 Football Facilities.

9.4.3.7. Training and development

9.4.3.8 Liaising with football structures outside the Association.

9.4.3.9 Acting as President during the absence and/or incapacitation of the President and the First Vice President and acting as the First Vice President during the absence and/or incapacity of the First Vice President.

9.4.3.10 Carrying out such duties and functions as may be assigned to him by the National Executive Committee and/or the President.

9.4.4 VICE PRESIDENT( FINANCE, MARKETING AND RESEARCH)

The Vice President Finance, Marketing and Research shall be the Third Vice President and shall:

9.4.4.1 Be a qualified Accountant of at least three (3) years experience.

9.4.4.2 Be responsible for ensuring that the financial records of the Association are kept.

9.4.4.3 Ensure that an inventory of all assets of the Association is kept.

9.4.4.4 Make any lawful disbursements by way of cheques signed by him and countersigned by officers of the Association as provided for in this Constitution. Provided that any cheque of the Association not signed in accordance with the provisions of this condition shall not be legal tender for transaction involving the Association.

9.4.4.5 Ensure that detailed records of the financial position of the Association, including books of accounts, ledgers, vouchers, receipt books and all records relating to or connected with the finances of the Association are kept.

9.4.4.6 Report at least monthly to the National Executive Committee on the

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financial position of the Association.

9.4.4.7 Present audited financial statements to the Annual General Assembly.

9.4.4.8 Prepare and submit draft estimates of the Association expenditure for the ensuing year to the National Executive Committee for consideration.

9.4.4.9 Follow the procedure required and generally accepted in the accounting practice.

9.4.4.10 Not spend or authorise the expenditure of any amount not authorised by the estimated budget of the Association, which may be amended from time to time by the National Executive Committee.

9.4.4.11 Act as auditor of the books of members, when called upon to do so.

9.4.4.12 Make written recommendations to the National Executive Committee regarding the security of the property of the Association.

9.4.4.13 Ensure that all gate-takings accruing from the competitions organised by the Association other than league games, shall be promptly received by the Association.

9.4.4.14 Do all such acts, not in conflict with this Constitution, as will be conducive to the safe-keeping of monies and preservation of the property of the Association.

9.4.4.15 Undertake and spearhead finance and marketing functions and in addition spearhead branding of the association and football in general.

9.4.5 THE SECRETARY GENERAL

The Secretary General shall be responsible for;

9.4.5.1 The execution of the decisions and resolutions of the General Assembly, and the Executive Committee.

9.4.5.2 The management and keeping of the accounts of the Association.

9.4.5.3 The keeping and the production of the Minutes of the meetings of the General Assembly, and the Executive Committee and minutes of any Committees or Subcommittees which he attends by virtue of his position and is required to record the proceedings thereof.

9.4.5.4 All the correspondence of the Executive Committee.

9.4.5.5 The maintenance of relations among international and local organisations to which the Association is affiliated or has an interest.

9.4.5.6 Coordination of the activities of all the organs of the Association.

9.4.5.7 General organisation of the Secretariat.

9.4.5.8 The appointment of staff in the General Secretariat.

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9.4.5.9 The Publicity work of the Association and the issuing of public statements on behalf of the Association.

9.4.5.10 Keeping in touch with all committees and, subject to the direction of the National Executive Committee or the President, give such assistance or direction as may be proper in order to secure the smooth running of the game of football in Botswana.

9.4.5.11 Keeping a register of:

9.4.5.11.1 all members of the Association;

9.4.5.11.2 the names of the players and officials of clubs;

9.4.5.11.3 the names of all coaches who are members of the Association.

9.4.5.11.4 the names of all referees who are members of the Association.

9.4.5.12 Keeping a record of the activities of the Association.

9.4.5.13 Counter-signing the signature of the Treasurer to any cheques of the Association and, in the absence of the Treasurer, sign cheques of the Association.

9.4.5.14 Carrying out such other duties as may be necessary for the proper running of the affairs of the Association.

9.4.5.15 Holding petty cash for which he shall at all times be accountable to the Treasurer.

9.4.6 LEGAL ADVISOR

The Legal Advisor shall:

9.4.6.1 Be a person qualified to practice law in Botswana and be admitted as such.

9.4.6.2 Be responsible for advising National Executive Committee and the Association on matters of a legal nature and to carry out such legal work as may be referred to him/her.

9.4.6.3 Not be a legal advisor of individual clubs unless specifically directed to assist a member club.

9.4.6.4 Conduct any other assignment that the Secretary General may, in consultation with the National Executive Committee, deem appropriate to be referred to the Legal Advisor.

9.4.7 CHAIRPERSON OF THE PREMIER LEAGUE BOARD

The Chairperson of the Premier League shall:

9.4.7.1 Provide the link between professional football and the rest of the structures

9.4.7.2 Consult and make recommendations to the National Executive Committee for consideration.

9.4.7.3 Carrying out such duties and functions as may be assigned to him/her by the National Executive Committee.

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9.4.8 CHAIRPERSON OF THE FIRST DIVISION LEAGUES

The Chairperson of the National First Division Leagues shall:

9.4.8.1 Provide the link between National First division leagues and the National Executive Committee

9.4.8.2 Consult and make recommendations to the National Executive Committee for consideration.

9.4.8.3 Carrying out such duties and functions as may be assigned to him/her by the National Executive Committee.

9.4.9 REGIONAL FOOTBALL ASSOCIATION (RFAs) REPRESENTATIVES

The RFA representative shall:

9.4.9.1 Provide a link between the Regions and the National Executive Committee.

9.4.9.2 Consult and make recommendations to the National Executive Committee on issues affecting regional football and its relationship to professional football.

9.4.9.3 Carry out such duties and functions as may be designated to him or her by the National Executive Committee.

9.4.10 EXECUTIVE COMMITTEE MEMBERS

The Executive members of the National Executive Committee shall:

9.4.10.1. Be persons possessing suitable skills, experience and/or expertise deemed to be essential for the optimal functioning of the National Executive Committee.

9.4.10.2 Support and assist the National Executive Committee and may act in any capacity except that of the President if a vacancy occurs in any office within the National Executive Committee.

9.4.10.3 Be assigned any other official duties that the President or the Secretary General might consider appropriate.

9.5 QUORUM

9.5.1 The National Executive Committee shall have power to co-opt any member of one of the Committees or any other member or person whomsoever, to assist in their discussions, provided that such member or person shall have no right to vote.

9.5.2 The National Executive Committee shall meet as often as business demands, or at the request of one third of its members. Notwithstanding the provisions of this sub-clause, the National Executive Committee shall meet at least once every month, during the football season.

9.5.3 Notice of meetings shall be given by the Secretary General in writing to each member of the committee, to reach the members not later than 7 (seven) days before the date of the meeting, provided shorter notices may be given in the event of an emergency.

9.5.4 Fifty per cent of the members shall form a quorum for both Council and Executive Committee meetings.

9.6 VACANCIES

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9.6.1 If a vacancy should occur in the office of the President, the First Vice President, or failing him, the Second Vice President, or failing him Third Vice President shall act as President until an election for a new President is conducted by the General Assembly.

9.6.2 If a vacancy should occur in the office of the Secretary General, the National Executive Committee shall make an acting appointment until the vacancy has been filled. In any such event the National Executive Committee shall proceed to advertise the position of Secretary General, receive and consider applications and make an appointment which appointment shall be based purely on merit.

9.6.3 If a vacancy should occur in the office of the Legal Advisor, the National Executive Committee shall appoint another Legal Advisor.

9.6.4 Should any of the elected members of the Executive Committee cease to be a member, they shall be replaced by a member to be appointed by the National Executive Committee provided that their appointment shall be approved by General Assembly at its next meeting.

9.6.5 Any member appointed in terms of Clause 9.6.4 shall be an acting member until his/her appointment has been ratified by the General Assembly.

9.6.6 Any member who is appointed or designated to fill a vacancy shall serve for a period equal to the remainder of the term of office of the member whose vacancy is being filled.

ARTICLE 10:

10.1 NATIONAL FOOTBALL LEAGUE

There shall be a National Football League made up of the Premier League and the First Division League.

10.1.1 Both the Premier League and the First Division Leagues shall be associations which shall be subject to the laws governing the Association as laid down by this Constitution.

10.1.2 The Premier League shall be made up of 16 teams or such number of teams as the General Assembly may from time to time determine. Such teams shall be selected on merit.

10.1.3 Teams that play in the Premier League and First Division shall affiliate to the Premier League and First Division League Associations respectively and shall pay annual subscriptions to be set by the National Executive Committee and also affiliate to the Regional Football Associations from which they come.

10.1.4 Teams that are demoted from the Premier League to the First Division League shall lose their membership of the Premier League and shall affiliate to and pay subscriptions to the First Division League Association.

10.1.5 The Premier League division shall hold its League Assembly by the end of May of each year.

10.1.6 Each National League Club shall establish and maintain an Under-17 team which shall participate in an Under-17 League and such other activities or competitions that the National Executive Committee shall, either directly or through its organs, organise.

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10.2 THE PREMIER LEAGUE BOARD

There shall be a Premier League Board.

10.2.1 The Premier League Board shall consist of Chairpersons of all Premier League clubs.

10.2.2 Members of the Premier League Board shall hold office for a period of two years.

10.3 POWERS OF THE PREMIER LEAGUE BOARD

10.3.1 Subject to the provisions of this Constitution and supporting regulations in force from time to time, and the rules and regulations of the Premier League, the Premier League Board shall have jurisdiction in all matters pertaining to football in their division.

10.3.2 Without derogating from the generality of this constitution, the Premier League Board shall have specific jurisdiction in the following matters:

10.3.2.1 The control of all Premier League matches.

10.3.2.2 The Control, administration and running of cup fixtures and other competitions for the Premier League unless otherwise directed by the National Executive Committee.

10.3.2.3 The sourcing and/or negotiation of sponsorship for the Premier League.

10.3.2.4 The settlement of disputes between Premier League clubs, players, officials and members.

10.3.2.5 The settlement of protests and complaints arising from games played within their league (directly or through a Premier League Disciplinary Committee appointed in terms of the Rules and Regulations of the Premier League).

10.3.2.6 The exercise of disciplinary or other action (directly or through a Premier League Disciplinary Committee appointed in terms of the Rules and Regulations of the Premier League) against any player, club or member found guilty under the Rules and Regulations of the game of football. The Premier League Disciplinary Committee shall be entitled to sit as a body of first instance in cases involving violence arising from the Premier League games and/or Premier League Competitions.

10.3.2.7 Appoint a Premier League Management Committee headed by the Premier League Executive Director provided that the Premier league Executive Director shall be appointed in consultation with the National Executive Committee.

10.3.3 The Premier League Board shall be responsible for spearheading professionalisation of the Premier League under the supervision of the National Executive Committee.

10.4 COMPOSITION OF THE PREMIER LEAGUE ASSEMBLY

The Premier League Assembly shall consist of:

10.4.1 All members of the Premier League Board.

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10.4.2 Two members from each of the clubs in the league division.

10.5 POWERS

The Premier League Assembly shall have the following powers and functions which shall be subject to the Constitution of the Association and the powers of the General Assembly and to all the laws, rules, statutes and regulations to which the Association is subject.

10.5.1 To make decisions concerning the management and control of football within the Premier League including the organisation of football matches for teams playing in the Premier League.

10.5.2 To exercise whatever powers and perform the functions that may be assigned to it from time to time by the General Assembly and/or the National Executive Committee.

10.5.3 To make recommendations through the National Executive Committee for the consideration of proposed amendments to the Association’s Play Rules and Regulations.

10.5.4 To make recommendations to the National Executive Committee on matters that require a decision of the General Assembly.

10.5.5 To establish, as and when necessary, sub-committees for the Premier League Division.

10.5.6 To elect delegates to represent the Premier League at the General Assembly.

10.5.7 To decide the employment of personnel and to fix their remuneration and their terms and conditions of service subject to approval by the National Executive Committee.

10.5.8 To grant loans and/or grants in aid of any organ, member club or sub - committee of the league and to fix the terms of repayment thereof subject to approval by the National Executive Committee.

10.5.9 To amend its constitution provided that all amendments shall be submitted to the National Executive Committee before implementation.

10.6 MEETINGS

The Premier League Annual Assembly shall be held:

10.6.1 By the end of May each year.

10.6.2 Such a meeting shall be called by the Premier League Board.

10.6.3 A Special Assembly for the Premier League shall be convened at any time at the written request of not less than two thirds of its members.

10.7 NOTICES

10.7.1 Notices of all meetings of the Premier League Annual Assembly shall be written and posted at least 21 days before the date of the meeting.

10.7.2 Such notices shall contain and include:

10.7.2.1 The proposed agenda.

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10.7.2.2 Motions, if any, for consideration by the General Assembly.

10.7.2.3 Minutes of the last meeting of the League Division Assembly.

10.7.2.4 Report by the Committee.

10.7.2.5 Any other material which, in the discretion of the Premier League Board, ought to be included.

10.8 SPECIAL MEETINGS

10.8.1 Written notices stating the time, date and place of the Premier League Special Assembly shall be posted to all members at least 14 days before the date of the meeting.

10.8.2 Such notices shall contain and include:

10.8.2.1 the proposed agenda;

10.8.2.2 the motions to be considered by the meeting;

10.8.2.3 any documents motivating the motions to be considered; and

10.8.2.4 any other material which, in the discretion of the Premier League Board, ought to be included.

10.8.3 In the event that any of the matters or materials to be included in the notice have been omitted, the Premier League Assembly may, upon the agreement of two thirds of the members present and voting consider it nonetheless provided that such matters and/or materials shall be directly linked to and necessarily arise from the agenda for the Special Assembly.

10.9 REPORTS

Reports and minutes of all meetings of the Premier League Assembly shall be placed before the Secretary General by the 15th June of every year for consideration by the National Executive Committee.

10.10 OTHER MATTERS

The provisions concerning notices, meetings, quorum and voting applicable to the General Assembly shall, mutatis mutandis, also be applicable to the Premier League Annual and Special Assemblies.

10.11 THE FIRST DIVISION LEAGUE

10.11.1 There shall be a First Division League consisting of twenty-four (24) clubs from and throughout the country, selected on merit from the Northern and Southern zones. Each zone shall have a maximum of twelve (12) clubs playing in its league.

10.11.2 The powers, duties and functions of the First Division League shall mutatis mutandis be modelled on the Premier League.

10.11.3 Each First Division Club shall establish and maintain an Under-17 team which will participate in an Under-17 League and such other activities and/or competitions that the National Executive Committee shall, either directly or through its organs, organise.

10.12 THE FIRST DIVISION COMMITTEE

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The composition, powers, duties, functions, and procedures of the First Division Committee shall mutatis mutandis be modelled on the Premier League Management Committee.

10.13 NATIONAL FOOTBALL LEAGUE FIXTURES COMMITTEE

10.13.1 There shall be a National Football League Fixtures Committee consisting of the Chairpersons and Secretaries from the Premier League Board and First Division League Committees.

10.13.2 It shall produce fixtures for the two divisions. This Committee shall supervise the allocation of football grounds in the selected areas and report to the main Committees. It shall be constituted immediately after the election of the two respective Committees, Premier League Board and First Division League Committee.

10.14 PROMOTION AND RELEGATION

The promotion and relegation of clubs participating in leagues shall be done as follows:

10.14.1 Between the Premier and First Division Leagues.

The Three bottom clubs in the Premier League shall automatically relegate to the First Division (with effect 2010/2011 league season). The Champions of the First Division (North) and (South) shall automatically promote to the Premier League. The runners up of the First Division (North) and (South) shall play-off between themselves on home and away basis with the overall winner taking a place in the Premier League.

10.14.2 Between Regional Football and the First Division League

The Champions of Division One League in the Regional Football Associations within each Zone shall engage in promotional games with the champions and runner up of the promotional games promoting to the respective First Division League. Provided that such promotional games for each zone shall start at the level of regional clusters whereby each cluster shall produce the best two clubs to join the best two clubs from the other clusters. The best four clubs from the clusters shall engage in the final stages of promotional games to produce the best two clubs to join the respective First Division League within each zone. The clubs occupying the bottom two positions in each First Division League shall automatically relegate to the respective region.

10.14.3 Within the Regional Football Leagues

The two clubs occupying the bottom two positions shall relegate to the league division immediately under them. The champion and runner up in each league division shall automatically promote to the league immediately above them.

ARTICLE 11

REGIONAL FOOTBALL ASSOCIATIONS

11.1 ESTABLISHMENT

There shall be established 16 or such number of Regional Football Associations as the Botswana Football Association may from time to time determine as follows:

11.1.1 Boteti Football Association whose headquarters shall be at .

11.1.2 Central Football Association whose headquarters shall be at .

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11.1.3 Chobe Football Association whose headquarters shall be at .

11.1.4 Football Association whose headquarters shall be in Francistown.

11.1.5 Gaborone City Football Association whose headquarters shall be in Gaborone.

11.1.6 Gantsi Football Association whose headquarters shall be at Gantsi.

11.1.7 Hukuntsi Regional Football Association whose headquarters shall be at Hukuntsi.

11.1.8 Kgalagadi South Football Association whose headquarters shall be at .

11.1.9 Kgatleng Football Association whose headquarters shall be at .

11.1.10 Kweneng Football Association whose headquarters shall be at .

11.1.11 Nhabe Football Association whose headquarters shall be at Maun.

11.1.12 Selibe-Phikwe Football Association whose headquarters shall be at Selibe- Phikwe.

11.1.13 South East Football Association whose headquarters shall be at .

11.1.14 Southern Football Association whose headquarters shall be at Kanye.

11.1.15 Tswapong Football Association whose headquarters shall be at .

11.1.16 Kgalagadi Central Football Association whose headquarters shall be at Hukuntsi.

11.2 CONDITIONS OF ESTABLISHMENT

11.2.1 Each Regional Football Association shall be an entity of the Association, being bound by the laws governing the Association as laid down in this Constitution.

11.2.2 All Regional Football Associations shall be established in accordance with standard rules and regulations which have been approved by the National Executive Committee of the Botswana Football Association.

11.2.3 The rules and regulations of any Regional Football Association shall not provide for any matter or thing which is inconsistent or at variance with the Constitution of the Botswana Football Association or any law, rule, regulation or statute to which the Botswana Football Association is subject.

11.2.4 CLUSTERING OF REGIONS

The sixteen Regional Football Associates (RFAs) shall be put into four groups each with four Regional Football Associations or such numbers as may be determined by the Association. The four chairpersons of each group

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shall meet every two years to elect one of them as a representative of the group in the National Executive Committee. The four clusters shall be as follows;

11.2.4.1 Gantsi, Kgalagadi Central, Hukuntsi, Kgalagadi South

11.2.4.2 Boteti, Chobe, Nhabe

11.2.4.3 Central, Francistown, Selibe Phikwe, Tswapong

11.2.4.4 Gaborone, Kgatleng, Kweneng, South East, Southern

11.3 POWERS OF THE REGIONAL FOOTBALL ASSOCIATIONS

Regional Football Associations, always subject to the provisions of this Constitution and the powers of the General Assembly of the Association, shall have the following powers;

11.3.1 Regional Football Associations shall be responsible for the development and control of football within their respective regions including the organisation of matches for clubs within their regions and may for this purpose collaborate with other Regional Football Associations.

11.3.2 To ensure the observance by its members of the provisions of the relevant statutes and instruments promulgated by the Botswana Football Association, FIFA, CAF, COSAFA, and the laws of the game in general.

11.3.3 To grant membership to clubs and/or to suspend or revoke such membership for good cause shown.

11.3.4 To elect delegates to represent the Regional Football Associations at the General Assembly.

11.3.5 To make decisions concerning the affairs and arrangements within the respective Regional Football Associations.

11.3.6 To exercise the powers and perform the functions that may be assigned to them from time to time by the General Assembly and/or the National Executive Committee.

11.3.7 To make recommendations through the National Executive Committee for the consideration of proposed amendments to the Constitution of the Botswana Football Association for consideration and/or adoption by the General Assembly.

11.3.8 To decide the employment of the personnel for their respective regions and to fix their remuneration and other terms of and conditions of service.

11.3.9 To advance loans or grants in aid to any organ, member club or committee of the region and to fix the terms of repayment thereof.

11.3.10 To amend their rule and regulations provided that all amendments shall be submitted to the National Executive Committee before implementation.

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11.4 HOLDING OF REGIONAL FOOTBALL ASSEMBLIES

Each Regional Football Association shall hold an Annual Assembly by the end of May of each year.

11.5 COMPOSITION

The Assembly of each Regional Football Association shall consist of:

11.5.1 All members of the Regional Football Association Committee.

11.5.2 Two members from each of the League Committees of the Regional Football Association.

11.5.3 Two members from each of the clubs in the region.

11.6 POWERS

Each Regional Assembly shall have the following powers and functions which shall be subject to the Constitution of the Association and to the powers of the General Assembly:

11.6.1 To make decisions concerning the affairs and arrangements within the particular region concerning the promotion of the game of football which decisions shall be communicated to the National Executive Committee.

11.6.2 To make recommendations to the National Executive Committee for consideration of proposed motions or amendments to the Association’s Play Rules and Regulations.

11.6.3 To elect delegates to represent the region at a meeting of the General Assembly.

11.6.4 To elect the Regional Football Association Committees.

11.6.5 To exercise such powers and perform such functions that may be assigned to them from time to time by the General Assembly and/or the National Executive Committee.

11.7 MEETINGS

Regional Football Associations shall meet:

11.7.1 By the end of May of each year.

11.7.2 Such meeting shall be called by the Regional Football Association Committee for the respective regions.

11.7.3 At the written request of not less than two thirds of the teams in the district.

11.8 NOTICES

11.8.1 Notices in respect of the Annual Regional Assembly shall be written and posted at least 21 days before the date of the meeting.

11.8.2 Such notices shall contain and include:

11.8.2.1 The proposed agenda.

11.8.2.2 Motions, if any, for consideration by the Regional Assembly.

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11.8.2.3 Minutes of the last meeting of the Regional Assembly.

11.8.2.4 Report by the Regional Football Committee.

11.8.2.5 Any other material which, in the discretion of the Regional Football Committee, ought to be included.

11.9 REPORTS

Reports and minutes of all meetings of the Regional Assemblies shall be placed before the Secretary General by each region by the 15th June of every year for the consideration of the National Executive Committee.

11.10 OTHER MATTERS

Regional and National Football Assemblies shall be conducted on procedures similar to those of the General Assembly.

11.11 THE REGIONAL FOOTBALL ASSOCIATION COMMITTEES

There shall be a Regional Football Association Committee for each Regional Football Association.

11.11.1 The Regional Football Association Committee shall consist of not more than seven members duly elected at the Regional Football Association Annual Assembly.

11.11.2 Members of the Regional Football Association Committee shall hold office for a period of two years.

ARTICLE 12:

12.1 ORGANISATION

12.1.1 AREA AND COMPOSITION

The area of the Association shall be the whole of the Republic of Botswana. The Association shall be composed of National and regional Football Associations as outlined hereunder:

12.1.2 NATIONAL FOOTBALL

National Football shall be made up as follows;

12.1.2.1 The Premier League which shall be National, and shall consist of not more than sixteen (16) clubs.

12.1.2.2 The First Division League, which shall be National, and shall consist of not more than twenty four (24) clubs from throughout the Republic of Botswana, and shall be divided into not more than twelve clubs each from both the Northern and Southern Zones the boundary of which shall be the Dibete Cordon Fence.

12.1.2.3 For the purposes of this Constitution, the Premier League Division and the First Division League shall enjoy the same status and privileges as Regional Football Associations.

12.1.3 REGIONAL FOOTBALL

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Regional football shall comprise of teams playing in a region as determined by the General Assembly and shall have the following Divisions:

12.1.3.1 Division One.

12.1.3.2 Division Two.

12.1.3.3 Youth League.

12.1.3.4 Women’s League.

12.1.3.5 Any other divisions that the Regional League Committee may establish and organise subject to approval by the National Executive Committee..

12.1.4 WOMEN’S FOOTBALL

12.1.4.1 ESTABLISHMENT

12.1.4.1.1 There shall be Women’s Football which shall comprise of women’s football clubs playing football in such areas and/or zones and/or sections as the National Executive Committee, in consultation with the National Women Football Committee, may determine from time to time. 12.1.4.1.2 Women Football shall be coordinated by a National Women Football Committee.

12.1.4.2 NATIONAL WOMEN FOOTBALL COMMITTEE

12.1.4.2.1. There shall be a National Women Football Committee which shall consist of 7 members who shall comprise a Chairperson, Vice Chairperson, Secretary, Vice Secretary, Treasurer and two (2) Committee Members. Provided that the Chairperson shall be a woman. 12.1.4.2.2 The National Women Football Committee shall be a body elected by women football clubs every two years at a Women Football General Assembly called in terms of this Constitution. 12.1.4.2.3 The National Women Football Committee shall be responsible for administering and running women’s football and such other activities that women footballers may participate in. 12.1.4.2.4 The National Women Football Committee shall work with the National Executive Committee to establish women football leagues in various football regions, organize various competitions for Women Football Clubs, source sponsors for various aspects of Women Football Development, and advocate for Women Football.

12.1.4.3 POWERS OF NATIONAL WOMEN FOOTBALL COMMITTEE

12.1.4.3.1 The National Women’s Football Committee shall deal with all matters pertaining to Women’s Football and shall administer and run the Women’s Football League.

12.1.4.3.2 It shall draw up fixtures and control, administer and run all National Women’s Football League matches and other cup fixtures and competitions for women football clubs unless otherwise directed by the National Executive Committee.

12.1.4.3.3 It shall settle disputes between National Women’s Football clubs, players, officials and members.

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12.1.4.3.4 It shall settle protests and complaints arising from games played within the National Women’s Football leagues.

12.1.4.3.5 It shall have the power to recommend to the National Disciplinary Committee suspension or otherwise deal with any player, club or member found guilty under the Rules and Regulations of the game of football, provided that all cases involving violence shall be dealt with directly by the National Disciplinary Committee.

12.1.4.3.6 An appeal against the decision of the National Women’s Football Committee shall lie to the National Disciplinary Committee

12.1.4.4 POWERS OF WOMEN FOOTBALL GENERAL ASSESMBLY

The Women Football General Assembly shall have the following powers and functions which shall be subject to the Constitution of the Association and the powers of the General Assembly and to all the laws, rules, statutes and regulations to which the Association is subject.

12.1.4.4.1 To make decisions concerning the management and control of football within the Women Football League including the organisation of football matches for teams playing in Women Football League.

12.1.4.4.2 To exercise whatever powers and perform the functions that may be assigned to it from time to time by the General Assembly and/or the National Executive Committee.

12.1.4.4.3 To make recommendations through the National Executive Committee for the consideration of proposed amendments to the Association’s Statutes and Procedures.

12.1.4.4.4 To make recommendations to the National Executive Committee on matters that require a decision of the General Assembly.

12.1.4.4.5 To establish, as and when necessary, sub-committees for the Women Football League.

12.1.4.4.6 To elect the National Women Football Committee.

12.1.4.4.7 To elect delegates to represent Women Football at the General Assembly.

12.1.4.4.8 To decide the employment of personnel and to fix their remuneration and their terms and conditions of service subject to approval by the National Executive Committee.

12.1.4.4.9 To grant loans and/or grants in aid of any organ, member club or sub - committee of Women Football and to fix the terms of repayment thereof subject to approval by the National Executive Committee.

12.1.4.5 MEETINGS

The Women Football Annual General Assembly shall be held:

12.1.4.5.1 By the end of May each year.

12.1.4.5.2 Such a meeting shall be called by the National Women Football

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Committee.

12.1.4.5.3 A Special General Assembly for Women Football may be called by the National Women Football Committee or shall be convened at any time at the written request of not less than two thirds of its members.

12.1.4.6 NOTICES

12.1.4.6.1 Notices of all meetings of the Women Football Annual Assembly shall be written and posted at least 21 days before the date of the meeting.

12.1.4.6.2 Such notices shall contain and include:

12.1.4.6.2.1 The proposed agenda.

12.1.4.6.2.2 Motions, if any, for consideration by the General Assembly.

12.1.4.6.2.3 Minutes of the last meeting of the Women Football General Assembly.

12.1.4.6.2.4 Report by the Committee.

12.1.4.6.2.5 Report by the Treasurer

12.1.4.6.2.6 Any other material which, in the discretion of the National Women Football Committee, ought to be included.

12.1.4.7 SPECIAL MEETINGS

12.1.4.7.1 Written notices stating the time, date and place of the Women Football Special General Assembly shall be posted to all members at least 14 days before the date of the meeting.

12.1.4.7.2 Such notices shall contain and include:

12.1.4.7.2.1 the proposed agenda;

12.1.4.7.2.2 the motions to be considered by the meeting;

12.1.4.7.2.3 any documents motivating the motions to be considered; and

12.1.4.7.2.3 any other material which, in the discretion of the National

Women Football Committee ought to be included.

12.1.4.7.3 In the event that any of the matters or materials to be included in the notice have been omitted, the Women Football General Assembly may, upon the agreement of two thirds of the members present and voting, consider it nonetheless provided that such matters and/or materials shall be directly linked to and necessarily arise from the agenda for the Special Assembly.

12.1.4.8 REPORTS

Reports and minutes of all meetings of the Women Football General Assembly shall be placed before the Secretary General by the 15th June of every year for consideration by the National Executive Committee.

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12.1.4.9 OTHER MATTERS

The provisions concerning notices, meetings, quorum and voting applicable to the General Assembly shall, mutatis mutandis, also be applicable to the Women Football Annual and Special Assemblies.

12.1.5 YOUTH FOOTBALL

There shall be:

12.1.5.1 A Senior National Youth League whose players shall be 17 years old or less; and

12.1.5.2 A Junior National Youth League whose players shall be 15 years or less.

12.1.5.3 All Batswana and lawful residents who are 17 years old and under are eligible for membership of the Youth Football League.

12.1.5.4 All persons who are within the age group above mentioned and are registered players with clubs shall automatically be regarded as members of the Youth Football League, even if they are not members of any youth Club within the Youth Football League.

12.1.5.5 All players mentioned in Article 12.1.5 herein shall be under the direct authority of the National Youth Committee, and shall be made available by Clubs for service in youth competitions as and when required by the Youth Committee.

ARTICLE 13:

13.1 NATIONAL AND INTERNATIONAL AFFILIATION

13.1.1 The Association shall affiliate to the Botswana National Sports Council and the Botswana National Olympics Committee.

13.1.2 The Association may affiliate to any international football organisation pursuant to a resolution adopted at any meeting of the General Assembly.

13.2 SUBSCRIPTIONS

13.2.1 The Regional Football Associations shall affiliate to the Association while the clubs shall affiliate to their respective Regions. The Regions shall pay an annual subscription to the Association while clubs in the Regions shall pay an annual subscription to the Regions. The amount of these subscriptions shall be as determined by the National Executive Committee from time to time.

13.2.2 All subscriptions shall be due and payable on or before the 31st May in each year.

13.2.3 A club that withdraws from participating in any league shall be deemed to have withdrawn its membership from the Regional Football Association to

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which it is registered. In order to be readmitted, the club should reapply for membership with the respective Regional Football Association and shall pay such requisite registration fees as may be prescribed.

13.2.4 All membership fees from the Regional Football Associations, Premier League Association and the 1st Division shall be due and payable on/or before the end of May in each year.

13.2.5 Any late payment of membership fees and/or subscriptions shall be liable to a penalty to be determined by the National Executive Committee from time to time.

13.2.6 The membership of the Premier League, the First Division (North and/or South), any Regional Association or any club whose subscriptions and/or membership fees remain unpaid after the 10th August in any calendar year, shall lapse and terminate with effect from the 11th August that year.

ARTICLE 14:

PLAYERS

14.1 Every player playing for a club competition or participating in any league division of the Association, or any Zone thereof, shall be registered with the respective Regional Football Association provided that information in respect of such registration shall be sent to the Secretariat.

14.2 Registration of a player shall be on such form and such terms as may be prescribed by the National Executive Committee from time to time.

14.3 Every application for registration shall be accompanied by a registration fee that shall be prescribed by the National Executive Committee from time to time.

14.4 Players shall compete or participate in league division or Regional and National Football only if registered with the respective Regional Football Association or National Football League as the case may be.

14.5 Players shall enjoy the right of movement; and no club shall under any circumstances deny a player the right of transfer to a club of the player’s choice.

14.6 The right of transfer shall however be exercised subject to and in compliance with the provisions of the Play Rules and Regulations of the Association and any contract the player might have signed with his/her club.

ARTICLE 15:

SUSPENSION, EXPULSION AND FINES

15.1 The National Disciplinary Committee may, after due consideration, suspend any member or club whose conduct or activities are, in its opinion, prejudicial to the interests and/or reputation of the Association.

15.2 The National Disciplinary Committee may, after due consideration, recommend the expulsion of any member whose conduct or activities are, in its opinion, prejudicial to the interests or reputation of the Association provided that the National Disciplinary Committee may suspend any member pending the consideration of the recommendation for the expulsion of such a member.

15.3 The National Disciplinary Committee may fine any member whose conduct or

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activities are, in its opinion, prejudicial to the interests or reputation of the Association.

15.4 The National Disciplinary Committee may after due consideration suspend or recommend the expulsion of any member from the Association in the event that the member or any officer, player or team of that member or club fails to obey the terms of this Constitution, the Association’s Play Rules and Regulations, and the Statutes, Laws, Rules and Regulations as promulgated by FIFA, CAF and COSAFA, as may be amended from time to time.

15.5 In this Article the term “due consideration” shall mean a fair hearing according to the dictates of natural justice or according to any prescribed procedure.

ARTICLE 16:

RECOGNITION, ACCEPTANCE AND FORBIDDEN RELATIONSHIPS

16.1 The clubs which are members of the Association shall recognise the Association as the only controlling body for football in Botswana.

16.2 By submitting an application for membership, a club undertakes to be bound by and honour all the terms of this Constitution and its Play Rules and Regulations all inclusive.

16.3 Upon approval of an application for membership, the Applicant club shall be bound by and be obliged to honour and act in accordance with all the terms of this Constitution and its Play Rules and Regulations all inclusive.

16.4 Any club admitted to membership shall be deemed to accept the validity of all the provisions of this constitution.

16.5 Clubs shall not be permitted to play matches against or have sporting relationships with clubs that are not members of the Association without the express written consent of the National Executive Committee which consent shall not be unreasonably withheld.

16.6 Clubs shall not be permitted to play matches against teams consisting of players who do not belong to a club, without the express written consent of the National Executive Committee.

16.7 Any member of this Association who violates the provisions of this article shall be guilty of misconduct and shall be liable to expulsion and/or suspension and/or fine or a combination thereof where it is deemed appropriate.

ARTICLE 17:

17.1 PUNISHMENT

Notwithstanding any punishment that may be awarded under this Constitution or under the Play Rules and Regulation, the Association shall through relevant structures have the power to impose the following punishments;

17.1.1 Expulsion from the Association or a Regional Association.

17.1.2 A fine, the maximum limit of which may from time to time be prescribed in the Play Rules and Regulations.

17.1.3 Suspension of a member from the Association or a Regional Association for a period not exceeding 18 months.

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17.1.4 Suspension of a member from the Association or a Regional Association for a period not exceeding 18 months and a fine the maximum limit of which may from time to time be prescribed in the Play Rules and Regulations.

17.1.5 In the case of individuals, suspension from the Association’s or a Regional Association’s games and activities for a period not exceeding 18 months.

17.1.6 Disqualify a member or individual from specified games and/or activities.

17.1.7 Order a forfeiture of goals and/or points.

17.1.8 Award costs in exceptional circumstances against clubs or parties that lodge vexatious or frivolous protests.

17.1.9 Order a reprimand.

17.1.9 Such other punishment or remedies as may from time to time be prescribed in the Play Rules and Regulations or applicable law which appear appropriate in the circumstances.

17.1.10 The National Disciplinary Committee shall have such powers as are necessary or incidental to the effective exercise of the powers conferred on it by this Constitution.

17.2 DISPUTE RESOLUTION

17.2.1 All members of the Associations, be they committees, clubs, players, or officials, shall not take any dispute between themselves, or among themselves before any Court of Law, as long as the dispute relates to the game of football.

17.2.2 Any dispute arising within the general membership of the Association shall be resolved and/or settled within the structures set up for the resolution and/or settlement thereof by the Association.

17.2.3 Dispute arising in the Premier League Division shall be dealt with by the Premier League Disciplinary Committee and Article 17.1 herein applying mutatis mutandis.

17.2.4 Disputes arising in the First Division shall be dealt with by the First Division Committee and Article 7.1 shall apply to resolution of such disputes mutatis mutandis.

17.2.5 Disputes arising in the Regional Football Associations shall be dealt with by the structures within the Regional Football Association and Article 17.1 herein shall apply mutatis mutandis.

17.2.6 Appeals against any decision of the abovementioned committees shall be to the National Disciplinary Committee.

17.2.7 Appeals against any decision of the National Disciplinary Committee shall be to the Appeals Board established under the Botswana National Sports Council Act.

17.2.8 The Association and members hereby renounce the right to take football disputes before any Courts of Law. To this end, all members are prohibited from taking any dispute to ordinary courts of law and shall submit any disagreement to the jurisdiction of the Association, CAF or FIFA.

17.2.9 The Association and members hereby undertake to accept the decision of the

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Appeals Board as final and binding and not to be subject such decision to review or further appeal.

17.2.10 The Appeals Board shall be the final arbitrator in all disputes, and its decision shall be binding on every member.

ARTICLE 18:

STANDING COMMITTEES

18.1 APPOINTMENT, TENURE AND PROCEEDINGS

18.1.1 The Association shall have such number of Standing Committees as may be determined by the General Assembly from time to time.

18.1.2 The Standing Committees shall serve the Association and assist the National Executive Committee in its various duties.

18.1.3 Members of Standing Committees shall be appointed by the National Executive Committee and shall serve for a period of two years at a time provided that members shall be eligible for reappointment.

18.1.4 Where a vacancy occurs in any Standing Committee, the National Executive Committee shall fill such vacancy as it deems fit.

18.1.5 Four members of a Standing Committee shall form a quorum at all meetings of the Committees.

18.2 NATIONAL FOOTBALL COUNCIL

18.2.1 ESTABLISHMENT

There shall be a National Council of the Association which shall be a Consultative Committee between the National Executive Committee, the National League and the Regional Association. The Council shall be a Standing Committee of the Association.

18.2.2. COMPOSITION

The National Council shall be made up as follows;

18.2.2.1 Members of the National Executive Committee.

18.2.2.2 Sixteen members or such other number corresponding to the number of Regional Associations for the time being in place, being the chairpersons of the Regional Football Associations who shall be ex officio members of the Council.

18.2.2.3 The Chairperson of the Premier League who shall be an ex officio member of the Council. . 18.2.2.4 The Chairpersons of the Northern and Southern Zones of the First Division League who shall be ex officio members of the Council.

18.2.2.5 The Chairperson of the National Women’s Football Committee who shall be an ex officio member of the Council.

18.2.3 MEETINGS OF THE NATIONALCOUNCIL

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18.2.3.1 The National Council shall meet at such times and at such places as the National Executive Committee may determine provided that it shall meet at least once a year.

18.2.3.2 The National Council shall be empowered to regulate its own procedure for holding and conducting its meetings.

18.2.4 RESPONSIBILITIES OF THE NATIONAL COUNCIL

The National Council shall have the following responsibilities:

18.2.4.1 To discuss matters of policy and make suggestions to the National Executive Committee.

18.2.4.2 To review periodically the progress of the Association and suggest methods of improvement.

18.2.4.3 To discuss and make suggestions to the National Executive Committee, rules and regulations governing the operations of the Association.

. 18.3. NATIONAL DISCIPLINARY COMMITTEE

18.3.1 ESTABLISHMENT

There shall be a National Disciplinary Committee appointed by the National Executive Committee, which shall be a body responsible for the discipline of all members of the Association.

18.3.2 COMPOSITION

18.3.2.1 The National Disciplinary Committee shall consist of seven (7) members who shall comprise a Chairperson, Vice Chairperson, Secretary, Vice Secretary and three (3) other Members.

18.3.2.2 Four (4) members of the Disciplinary Committee shall form a quorum.

18.3.3 RESPONSIBILITY

18.3.3.1 The National Disciplinary Committee shall exercise all powers conferred on it by this Constitution and such powers as may from time to time be prescribed in the Play Rules and Regulations or any statute or law to which the Association is subject.

18.3.3.2 The National Disciplinary Committee shall have the power to deal with any act of misconduct including contempt occurring before it and may impose penalties set out in this Constitution or in the Play Rules and Regulations or applicable law.

18.3.3.3 The National Disciplinary Committee shall deal with all appeals from all the League Division Committees and members of the Association.

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18.3.3.4 An appeal against the decision of the National Disciplinary Committee shall lie to the Appeals Board established under the Botswana National Sports Council Act whose decision shall be final.

18.3.3.5 The National Disciplinary Committee shall lay down its own procedure(s), which procedure(s) shall be subject to the Rules of natural justice, and any rules and regulations put into place by the National Executive Committee.

18.3.3.6 The National Disciplinary Committee shall, acting as a tribunal of first instance, hear all cases of violence involving clubs and members of the Association from all the League Divisions provided that cases of violence arising from the Premier League competitions shall be dealt with in terms of Article 10.3.2.6 above.

18.3.3.7 All cases of violence to be dealt with by the National Disciplinary Committee shall be referred to the Committee by the Secretary General of the Association.

18.4. NATIONAL REFEREES COMMITTEE

18.4.1 ESTABLISHMENT

There shall be a National Referee’s Committee which shall be a body representing all referees registered with the Association. It shall co-operate with and be responsible to the National Executive Committee. It shall liaise with the Premier League, First Division and Regional Football Committees.

18.4.2 RESPONSIBILITY

18.4.2.1 The National Referees’ Committee shall be the governing body of referees and shall be answerable to the National Executive Committee.

18.4.2.2. Each Regional Football Association and National Football leagues shall have a Referee’s Committee.

18.4.2.3 Referees Committees of Regional Football Associations and National Football shall be responsible to the National Referees Committee.

18.4.2.4 Referees Committees of Regional Football Associations and National Football shall liaise with the respective league committees of the Regions and National Football.

18.4.3 COMPOSITION OF THE NATIONAL REFEREE’S COMMITTEE AND OTHER REFEREES COMMITTEES

18.4.3.1 The National Referees Committee and all other Referees Committees shall each consist of the Chairperson, Vice Chairperson, Secretary, Assistant Secretary, Treasurer and two members.

18.4.3.2 The Members of the National Referees Commission shall be

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retired referees.

18.4.4 RESIGNATION

18.4.4.1 Resignation of any member of the National Referee’s Committee shall be addressed to the Chairperson of the Central Referees Committee who shall inform the Secretary General accordingly.

18.4.4.2 In the event of the Chairperson of the National Referee Committee resigning, the resignation shall be addressed to the Secretary General.

18.4.4.3 REFEREE’S CODE OF CONDUCT

The National Referees Committee shall formulate written regulations governing the conduct of referees which shall be approved by the National Executive Committee.

18.4.5 ANNUAL REFEREES MEETING

18.4.5.1 The National Executive Committee shall convene an Annual General Referees’ meeting to be held by the end of May of each year. The business of the meeting shall be:

18.4.5.2 To review Regulations and Rules on the conduct of Referees, and make appropriate recommendations to the National Executive Committee.

18.4.5.3 Deal with any other business related to refereeing.

18.4.6 DUTIES OF THE NATIONAL REFEREE’S COMMITTEE

The National Referees Committee shall:

18.4.6.1 Compile and maintain a register of all qualified referees in Botswana.

18.4.6.2 Make recommendations to the Association regarding financial support for the work of the National Referees Committee.

18.4.6.3 Be responsible for the good conduct, welfare and discipline of referees and for the maintenance of a high standard of refereeing in Botswana.

18.4.6.4 Receive the names of all prospective referees from every club.

18.4.6.5 Interpret the rules and regulations of the game of football as prescribed by FIFA from time to time.

18.4.6.6 Appoint referees to all matches held under the auspices of the Association and all other matches as the National Executive Committee may direct.

18.4.6.7 Recommend to the National Executive Committee referees for FIFA listing.

18.4.6.8 Be responsible for the recruitment, training assessment and classification of referees.

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18.4.7 OBLIGATIONS OF CLUBS TO THE NATIONAL REFEREES COMMITTEE

Every club shall be obliged to submit to the National Referees Committee the name of at least one prospective referee every year or whenever called upon to do so.

18.5. NATIONAL INVESTMENT AND FINANCE COMMITTEE

18.5.1 ESTABLISHMENT

There shall be a National Investment and Finance Committee appointed by the National Executive Committee, which shall be a body responsible for dealing with matters of investment, finance and logistics and such other matters as the National Executive Committee shall, from time to time, specify.

18.5.2 COMPOSITION

The National Investment and Finance Committee shall consist of Vice President (Finance, Marketing and Research) as Chairperson, as Vice Chairperson, Chief Executive Officer as Secretary and not more than 4 co-opted members.

18.5.3 RESPONSIBILITY

18.5.3.1 The National Investment and Finance Committee shall deal with all matters pertaining to Finance and Investment and such other matters that shall be assigned by the National Executive Committee from time to time.

18.5.3.2 The National Investment and Finance Committee shall make such proposals to the National Executive Committee pertaining to investment and finance as it shall deem appropriate.

18.6 NATIONAL YOUTH FOOTBALL COMMITTEE

18.6.1 ESTABLISHMENT

18.6.1.1 There shall be a National Youth Football Committee which shall be the body responsible for the participation in football under the auspices of the Association for persons who are 17 years and under.

18.6.1.2. The Youth Football Committee shall co-operate and liaise with the National Football Organisers.

18.6.1.3 Each Regional Football Association shall elect a Regional Youth Committee which shall be responsible to the Regional League Committee and the National League Committee.

18.6.2 COMPOSITION OF NATIONAL YOUTH FOOTBALL COMMITTEE

The National Youth Football Committee and Regional Youth Football Committee shall each consist of the Chairperson, Vice Chairperson, Secretary, Assistant Secretary, Treasurer and two Committee members.

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18.6.3. RESPONSIBILITY

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Teams.

18.7.3.5 Appeals against any decision of the National Team Supporters Committee shall lie to the National Disciplinary Committee.

18.8 THE NATIONAL STATUTES COMMITTEE

18.8.1 ESTABLISHMENT

There shall be a National Statutes Committee to advise the National Executive Committee on and lead in the review and formulation of all statutory instruments of the Association.

18.8.2 COMPOSITION

18.8.2.1 The National Statutes Committee shall consist of Vice President (Administration) as Chairperson, Board Chairperson of Premier League as Vice Chairperson, Chief Executive Officer as Secretary and not more than 4 co-opted members.

18.9.2.2 Four members of the National Statutes Committee shall form the quorum as long as either the Chairperson/Vice Chairperson or Secretary is present.

18.8.3 RESPONSIBILITY

18.8.3.1 To advise the National Executive Committee of the Association on all statutes and policies governing Association and the game of football in the country.

18.8.3.2 To recommend to the National Executive Committee the frequency with which certain statutes are to be reviewed, provide schedule for such reviews, and ensure that such statutes are indeed reviewed, disseminated to members, and are taken to appropriate bodies such as the General Assembly for presentation and consideration timeously.

18.8.3.3 To closely monitor the implementation of the Constitution and related statutes and advise the National Executive Committee with a view to develop new guidelines and or amend existing documents for effective implementation in order for the Association to realize its vision and aspirations.

18.8.3.4 To make annual appraisals of all statutes with a view to identify gaps that need to be filled and advise the National Executive Committee accordingly.

18.8.3.5 To receive and collate submissions for amendments of statutes from BFA Structures for consideration in the next review of a particular statutory instrument.

18.8.3.6 To draft proposed new statutes and review existing ones for consideration by the National Executive Committee.

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18.9 THE NATIONAL TECHNICAL COMMITTEE

18.9.1 ESTABLISHMENT

There shall be a National Technical Committee to advise the National Executive Committee on the technical aspects of the game.

18.9.2 COMPOSITION

18.9.2.1 The National Technical Committee shall consist of seven (7) members who shall comprise a Chairperson, Vice Chairperson, Secretary, Vice Secretary and three (3) Committee Members.

18.9.2.2 Four members of the National Technical Committee shall form as long as either the Chairperson or Secretary is present.

18.9.3 RESPONSIBILITY

18.9.3.1 To advise the National Executive Committee of the Association on all technical issues about football in the country through the Technical Department.

18.9.3.2 To recommend to the National Executive Committee the mode or methods through which the National Teams can be motivated.

18.9.3.3 To make quarterly appraisals of development programmes and advise the National Executive Committee accordingly.

18.9.3.4 To facilitate the mobilisation of coaches throughout the country to form a body of coaches to address issues pertaining to coaching.

18.10 NATIONAL MEDICAL COMMITTEE

18.10.1 ESTABLISHMENT

There shall be a National Medical Committee to advise the National Executive Committee on Sport Medicine.

18.10.2 COMPOSITION

18.10.2.1 The National Medical Committee shall consist of seven (7) members who shall comprise a Chairperson, Vice Chairperson, Secretary, Vice Secretary and three (3) other Members.

18.10.2.2 Four members of the Medical Committee shall form a quorum as long as either the Chairperson or Secretary is present.

18.10.3 RESPONSIBILITY

The Committee shall:

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18.10.3.1 Act as an advisory organ for the Association National Executive Committee on all aspects of medicine as it relates to sport.

18.10.3.2 Draw up a medical guide for use by coaches, players and referees of the Association.

18.10.3.3 Conduct information seminars on Sports Medicine for different leaders of football in the country.

18.10.3.4 Make regular reports on activities of the Committee at least once every quarter to the National executive Committee through the Secretary General.

18.11 NATIONAL PLAYERS STATUS COMMITTEE

18.11.1 ESTABLISHMENT

There shall be a established National Players Status Committee appointed by the National Executive Committee, which shall be a body responsible for adjudicating issues and disputes concerning the transfer of players.

18.11.2 COMPOSITION

18.11.2.1 The National Players Status Committee shall consist of seven (7) members who shall comprise a Chairperson, appointed as such by the National Executive Committee.

18.11.2.2 Four (4) members of the National Players Status Committee shall form a quorum.

18.11.3 RESPONSIBILITY

18.11.3.1 The National Players Status Committee shall exercise all powers conferred on it by this Constitution and such powers as may from time to time be prescribed in the Play Rules and Regulations or any statute or law to which the Association is subject.

18.11.3.2 The National Players Status Committee shall have the power to adjudicate over issues and disputes concerning the transfer players, including determining a reasonable fee or compensation in the event of dispute as such by clubs.

18.11.3.3 An appeal against the decision of the National Players Status Committee shall lie to the Appeals Board established under the Botswana National Sports Council Act whose decision shall be final.

18.11.3.4 The National Players Status Committee shall lay down its own procedure(s), which procedure(s) shall be subject to the Rules of natural justice, and any rules and regulations put into place by the National Executive Committee.

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18.12 NATIONAL COMPETITIONS COMMITTEE

18.12.1 ESTABLISHMENT

There shall be a National Competitions Committee, members of which shall be appointed by the National Executive Committee, which shall be a body responsible for administering and running all National Competitions and related activities.

18.12.2 COMPOSITION

The National Competitions Committee shall consist of 7 members who shall comprise a Chairperson, to be appointed by the National Executive Committee.

18.12.3 RESPONSIBILITY

18.12.3.1 The National Competitions Committee shall deal with all matters pertaining to National Competitions and shall administer and run all Competitions outside the leagues.

18.12.3.2 It shall draw up fixtures and control, administer and run all National Competitions matches.

18.12.3.3 It shall settle draw Play Rues and Regulations in respect of each competition with the approval of the National Executive Committee.

18.12.3.4 It shall settle protests and complaints arising from games played within the National Competitions, unless the play rules and regulation of a specific competition states otherwise.

18.12.3.5 It shall have the power to recommend to the National Disciplinary Committee suspension or otherwise deal with any player, club or member found guilty under the Rules and Regulations of the specific Competition provided that all cases involving violence shall be dealt with directly by the National Disciplinary Committee.

18.13 NATIONAL FUTSAL COMMITTEE

18.13.1 ESTABLISHMENT

There shall be a National Futsal Committee which shall be a body responsible for administering and running a Futsal football and such other related activities.

18.13.2 COMPOSITION

The National Futsal Committee shall consist of 7 members who shall comprise a Chairperson, Vice Chairperson, Secretary, Vice Secretary, Treasurer and two (2) Committee Members.

18.13.3 RESPONSIBILITY

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18.13.3.1 The National Futsal Committee shall deal with all matters pertaining to Futsal Football and shall administer and run the Futsal League.

18.13.3.2 It shall draw up fixtures and control, administer and run all Futsal League matches.

18.13.3.3 It shall settle disputes between Futsal clubs, players, officials and members.

18.13.3.4 It shall settle protests and complaints arising from games played within the Futsal leagues.

18.13.3.5 It shall have the power to recommend to the National Disciplinary Committee suspension or otherwise deal with any player, club or member found guilty under the Rules and Regulations of the game of football, provided that all cases involving violence shall be dealt with directly by the National Disciplinary Committee.

18.13.3.6 An appeal against the decision of the National Futsal Committee shall lie to the National Disciplinary Committee.

ARTICLE 19:

APPEALS FROM STANDING COMMITTEES

19.1 All appeals against the decisions from standing committees shall lie to the National Disciplinary Committee. Such appeals shall be lodged through the office of the Secretary General.

19.2 Any appeal against the decision of the National Disciplinary Committee and Players Status Committee shall lie with the Appeals Board appointed in terms of the Botswana National Sports Council Act.

19.3 Protests, appeals and appeal fees as laid down in the Rules and Regulations shall mutatis mutandis apply. The procedure to be followed in the filing of appeals shall be governed by the Play Rules and Regulations that may be made under this Constitution, and which shall apply mutatis mutandis to the handling of appeals by the National Disciplinary Committee.

ARTICLE 20

SPECIAL PROVISIONS

20.1 NON DISCRIMINATION AND STANCE AGAINST RACISM

Discrimination of any kind against a country, private person or groups of people on account of ethnic origin, gender, language, religion, politics or any other reason is strictly prohibited and punishable by fine and/ or suspension and/or expulsion.

20.2 CONDUCT OF BODIES AND OFFICIALS

20.2.1 The Association, all affiliates, bodies, structures and Officials must in their activities observe the Statutes, regulations, decisions of FIFA as well as the FIFA Code of Ethics drawn by the FIFA Executive Committee.

20.3 THE ASSOCIATIONS’ OBLIGATIONS

20.3.1 The Association shall have the following obligations:

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a. to comply fully with the Statutes, regulations, directives and decisions of FIFA bodies at any time; b. to take part in competitions organised by FIFA; c. to pay its’ membership subscriptions; d. to ensure that it’s affiliates and all structures comply with the Statutes, regulations, directives and decisions of FIFA bodies; e. to respect the Laws of the Game; f. to comply fully with all the other duties arising from the FIFA Statutes and other regulations.

20.3.2 Violation of the above-mentioned obligations by the Association or any of it’s affiliates or members may lead to sanctions provided for in the FIFA Statutes.

20. 4 BODIES

20.4.1 The Association’s bodies, structures or committees shall be either elected or appointed in terms of this Constitution.

20.4.2 Any body, structure or committee that has not been elected or appointed in compliance with the provisions of this Constitution, even on an interim basis, shall not be recognised by the Association and/or FIFA.

20.4.3 Decisions passed by bodies, structures or committees that have not been elected or appointed in accordance with this constitution, shall not be recognised by the Association and/or FIFA.

20.5 STATUTES OF LEAGUES AND OTHER GROUPS OF CLUBS

20.5.1 Leagues and affiliates shall be subordinate to and recognised by the Association. The statutes and regulations of the leagues and affiliate shall be approved by the Association.

20.5.2 The Association shall ensure that its affiliated clubs and members take all decisions on any matters regarding membership independently of any external body. This obligation applies regardless of an affiliated club’s corporate structure. In any case, the Association shall ensure that neither a natural nor a legal person (including holding companies and subsidiaries) exercises control over more than one club whenever the integrity of any match or competition could be jeopardised.

20.6 COURT OF ARBITRATION FOR SPORT (CAS)

20.6.1 The Association accepts and adopts the option created by FIFA for recourse to the Court of Arbitration for Sport, an independent arbitration tribunal with headquarters in Lausanne (Switzerland), to resolve any disputes between FIFA, the Confederations, Members (including the Association), Leagues, clubs, Players, Officials and licensed match agents and players’ agents.

20.6.2 The CAS Code of Sport-Related Arbitration governs the arbitration proceedings. With regard to substance, CAS applies the various regulations of FIFA or, if applicable, of the Confederations, Members, Leagues and clubs and, additionally, Swiss Law.

20.7 JURISDICTION OF CAS

20.7.1 Only CAS is empowered to deal with appeals against decisions and disciplinary sanctions of the last instance, after all previous stages of appeal available at FIFA, CAF, the Association or League level have been exhausted. The appeal shall be made to CAS within 10 days of notification of the decision.

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20.7.2 CAS shall not, however, hear appeals on: a. violations of the Laws of the Game; b. suspensions of up to four matches or up to three months; c. decisions passed by an independent and duly constituted arbitration tribunal of the Association or CAF.

20.7.3 CAS is also empowered to deal with all disputes between a third party and any entities or persons mentioned in sub-article 20.7.1 if an arbitration agreement exists.

20.8 OBLIGATION

20.8.1 The Association and Leagues shall recognise CAS as an independent judicial authority and to ensure that their members, affiliated Players and Officials comply with the decisions passed by CAS. The same obligation shall apply to licensed match and players’ agents.

20.8.2 Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations.

20.9 PRINCIPLE

20.9.1 The Association, Leagues and members shall comply fully with any decisions passed by the relevant FIFA bodies which, according to FIFA Statutes, are final and not subject to appeal. To this end, they shall take every precaution necessary to ensure that their own members, Players and Officials comply with these decisions.

20.9.2 The same obligation applies to licensed match and players’ agents.

20.10 INTERNATIONAL MATCH CALENDER

The international match calendar compiled by FIFA that shall be binding upon the Association and Leagues.

20.11 INTERNATIONAL MATCHES AND COMPETITIONS

20.11.1 The FIFA Executive Committee shall be responsible for issuing provisions for organising international matches and competitions between Association teams and between League and/or club teams. No such match or competition shall take place without the prior approval of FIFA. This however shall not be applicable to friendly matches arranged at the convenience of Associations and teams.

20.11.2 The FIFA Executive Committee may draw up further technical provisions.

20.12 APPROVAL

Any Association, League or club that is affiliated to the Association cannot belong to another Football Association or organisation or participate in competitions on the territory of another Association without the authorisation of the Association and of FIFA, except in exceptional circumstances.

ARTICLE 21:

ASSETS

21.1 Subject to the decisions and directions of the General Assembly and to the provisions of the Constitution, all assets of the Association shall be administered by the National

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Executive Committee.

21.2 The National Executive Committee shall keep a proper control of all assets of the Association. For this purpose, the National Executive Committee may give to the Vice President (Finance, Marketing and Research) such directions and instructions relating to the safe keeping, control, administration, investment, acquisition, expenditure and disposal of the assets of the Association.

21.3 The National Executive Committee shall be responsible, through the Vice President (Finance, Marketing and Research), for the accounts of the Association.

21.4 A copy of this Constitution as amended from time to time shall be deposited with the Bank of the Association and kept there, in order to ensure compliance with the provisions relating to the finances of the Association.

ARTICLE 22:

AUDITORS

22.1 The General Assembly shall appoint, biennially, Auditors of the Association. The Auditors shall audit the accounts of the Association of the Association for the preceding financial year and draw up a report of the financial position of the Association in accordance with sound financial practice

22.2 All organs of the Association shall co-operate with the Auditors. The Vice President (Finance, Marketing and Research), shall send, whenever required, all books, ledgers, receipts, vouchers, invoices or any other documents or information which may relate to the finances of the Association, to the Auditors.

22.3 The Auditors shall have the power to interview and interrogate any officer of the Association in the course of their duties.

22.4 The Audit report shall be placed before the General Assembly for consideration and/or adoption.

22.5 The financial year end of the Association shall be 31st December.

ARTICLE 23:

23.1 BANKING

The National Executive Committee shall open an account or accounts with any recognised commercial bank or financial institution registered and operating in Botswana, and all moneys received on behalf of the Association shall be promptly deposited into such accounts and all payments shall be made therefrom by cheque.

23.2 The provisions of Article 9.4.1.5, 9.4.4.13 and 9.4.5.4 relating to the signing of cheques shall mutatis mutandis apply.

ARTICLE 24:

24.1 AMENDMENTS

These articles or any other article that the Association may hereafter bring into force, may be added to, varied, altered, amended or modified by a resolution of at least two thirds of the voting members of the General Assembly present and voting at a meeting of the General Assembly.

24.2 The provisions of Article 8.6, 8.8, 8.10 and 8.11 of this Constitution shall mutatis mutandis apply in respect of meetings called for the specific purpose of considering proposal amendments to the Constitution.

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24.3 Where a quorum is not attained after 2 successive meetings, the vote of a simple majority at the 3rd successive meeting called for that purpose in accordance 8.10.2 shall competently amend the Constitution.

24.4 Amendments shall be enforced only after approval by the Registrar of Societies.

ARTICLE 25:

DISSOLUTION AND DISPOSAL OF ASSETS

25.1 The Association may be dissolved on the recommendation of the National Executive Committee and only after a vote of at least two thirds of the voting members of the General Assembly present and voting at a Special Assembly called for the purpose of dissolution of the Association.

25.2 A draft resolution for the dissolution of the Association shall have been made by the National Executive Committee and circulated in advance to all members of the Association addressed to the notice of the General Assembly membership at least three (3) months before the date of the intended meeting.

25.3 On dissolution of the Association, the property of the Association shall first be utilised to pay off all the Association’s debts and any remainder thereof shall be used in such manner and for such purposes as the General Assembly may decide, or be donated to any charitable organisation. No property of the Association shall be used for the payment or distribution to any individual member of the Association.

22nd FEBRUARY 2013 GABORONE