WORLD IN REVIEW WORLD IN REVIEW

International - CAF International - CAF

Confédération Africaine de Football and Governance The democratic functioning of an Regular renewal of management Efforts still need to be made, particularly institution is one of the main good teams in the field of transparency, such as: practices of governance and CAF has By Joëlle Monlouis Lawyer, Monlouis Lawfirm a fairly comprehensive arsenal in this The CAF recently added a limitation ➥➥ “Reporting” the use of funds Paris - France area. on the number of terms of office of collected to avoid any form of & Nasr El Din Azzam opacity in its functioning; Lawyer, Sport Makers the President and members of the Cairo - Egypt Executive Committee who can “not A democratic election be elected for more than three terms ➥➥ Declaring the income of the ➔➔ Confederation of African Football (CAF) – (whether consecutive or not)”15allowing directors. Governance The election of the President and the for a regular renewal of the directors. members of the Executive Committee From the first day of his presidential of the CAF complies with the principles Indeed, before this proposal, CAF found campaign, Mr Ahmad revealed his vision of “representative democracy”9, itself headed by the same President that will be based mainly on the positive i.e. the elective process allows the for seven consecutive terms. Such a change in favor of African football; independence of the institution. measure will make it possible to avoid he clearly announced that he will such longevity for the benefit of the focus on some main points including: On 16 March 2017, Ahmad Ahmad of Indeed, according to this process, institution and its credibility. governance, transparency and the Madagascar delivered a speech after elections are held by secret ballot;10each system of the African competitions. being elected as the new President of the member is entitled to vote;11a quorum However, it is stated that “the previous Confederation of African Football (CAF) during equal to 2/3 of the members is required terms served as Vice-President or as a Regarding the system of the African the 39th CAF General Assembly in Addis Ababa for the validity of the deliberations;12and member of the Executive Committee football championships, Mr Ahmad (Ethiopia). the election is won by an absolute shall not be considered in determining has promised to open a discussion majority of the expressed votes.13 the term limits of a President.”16This about increasing the number of teams addition results in a substantial breach participating in the CAN as well as A brief review of the birth of Concerning Football, it is during the practice of this sport on the continent. This democratic process is working of equality between the ongoing the timing of the CAN, as the current the Confederation crisis experienced by FIFA in recent and has played its part in the change mandates - some of them dating back timing conflicts with the European years - as a result of corruption The CAF is built around its main bodies of presidency on 16 March 2017 more than three terms - and new leagues that have a significant number At the 29th Congress of the Fédération problems - that governance and good that are: in Addis Ababa, Ethiopia, where mandates. of African players. Internationale of Football Association governance practices have been Mr Ahmad Ahmad took over from (FIFA) held in Berne in 1954, on the remembered. ➥➥ The President who is “the legal Mr Issa Hayatou, a candidate for his At every competition - especially the sidelines of the 5th World Cup, FIFA representative of CAF”;3 own re-election, a position he held for African Cup of Nations - we hear about “admits in its statutes that national We could define such practices as the almost 30 years. Governance issues for players that refuse to join their national associations that belong to the use or creation of tools and organs ➥➥ The Executive Committee which is Mr Ahmad teams, or European clubs that complain same continent can be grouped into that will allow the optimal functioning “responsible for implementing the This change was made smoothly and about their sporting loss when their confederations which will be recognized of the institution but also the good policies and decisions of the General only through the ballot box. The CAF, in line with FIFA’s guidelines17, African players participate in the CAN. by international bodies.”1 behaviors that its leaders must adopt. Assembly and the management and has fully understood and integrated the In the 2017 CAN, seven Cameroonian the administration of CAF”;4 However, “any candidate to the elections governance issue and is committed “to players declined call ups for the The African countries members of FIFA, The challenges of these good ➥➥ The General Assembly which is for the presidency of the Confédération comply at any times with the principles Cameroon national team, including that are Egypt, Sudan, Ethiopia and governance practices include “the supreme authority of CAF and Africaine de Football, in addition to of good governance, integrity and Joel Matip who was playing for Liverpool. South Africa, decided to create the optimizing the effectiveness of the shall define the general policy and possessing the required skills, must be or sportsmanship (...).”18 implementation of the relevant first pan-African institution in history: institution’s operations both internally have been a member of the CAF Executive Mr Ahmad is also willing to change the decisions”;5 Confédération Africaine de Football and externally, creating value for the Committee.”14This statutory addition, The new President of the CAF, mechanism of choosing the organizing (CAF). This birth would take place in benefit of the institution, which is the ➥➥ The CAF Secretariat “perform all which took place in September 2012, Mr Ahmad Ahmad, takes the reins of an countries for the CAN. He has a great Khartoum (Sudan) in February 1957. responsibility of both the institution administrative duties under the six months before the elections of institution in demand of change and objection on the current mechanism, and its leaders. direction of the Secretary General”;6 March 2013, led to the ineligibility of the whose governance will have to be as it was already decided by the On 10 February 1957, after the CAF candidature of the only candidate who further improved and accompany his CAF Executive Committee that the constitutive assembly, the first African ➥➥ Legal bodies;7 opposed the outgoing President, thus development to bring African Football upcoming three African Cup of Nations Cup of Nations (CAN) was held in the restricting access to the Presidency. even higher. will be organized by the following Sudanese capital.2 The functioning of CAF with ➥➥ Standing Committees.8 countries: 2019 will be in Cameroon, 15 Art. 22.9 b of the Statutes of CAF - Composition of the 2021 in Ivory Coast and 2023 in Guinea. regard to governance 9 Art. 18 of the Statutes of CAF - Elections, requisite Executive Committee The governance of institutions majority, voting 16 Art. 22.9 c of the Statutes of CAF - Composition of the This reflects a sort of injustice as the (including sports) is a subject that The CAF is one of the six Confederations 10 Art. 18.1 of the Statutes of CAF - Elections, requisite Executive Committee three countries are geographically 3 Art. 24 of the Statutes of CAF - President majority, voting 17 Art. 23 of the Statutes of FIFA - Confederation’s provokes numerous articles. affiliated to FIFA. It organizes its own 4 Art. 23 of the Statutes of CAF - Prerogatives of the 11 Art. 6.1 of the Statutes of CAF - Members’ Rights Statutes: “The confederations’ Statutes must comply close, meaning that just one African competitions at the level of national Executive Committee 12 Art. 17.15 of the Statutes of CAF - General Assembly with the principles of good governance, and shall in region will benefit from hosting 5 Art. 17 of the Statutes of CAF - General Assembly 13 Art. 18.11 of the Statutes of CAF - Elections, requisite particular contain, at a minimum, provisions relating to 1 Éléments Géopolitiques du Sport Africain, J.-P. clubs and selections in Africa and, 6 Art. 25 of the Statutes of CAF - CAF Secretariat majority, voting the following matters (...).” upcoming editions. Augustin, Les Cahiers de l’Outre-Mer, Avril-Juin 2010 through its action, helps to improve the 7 Art. 48 of the Statutes of CAF - Legal bodies 14 Art. 18.3 of the Statutes of CAF - Elections, requisite 18 Art. 2.2 of the Statutes of CAF - Objectives and 2 www.cafonline.com 8 Art. 28 and following of the Statutes of CAF majority, voting Principles

240 Football Legal Football Legal 241 WORLD IN REVIEW WORLD IN REVIEW

International - CAF International - CAF

1 If we look at the previous CAN editions, Therefore, Mr Ahmad seeks a significant CAF Under the Spotlight of Competition Authorities they were as following: the 2017 CAN transparency, as he promised to review was in Gabon, 2015 was scheduled to all contracts signed by CAF including 2 By Abdallah Y. El Shehaby be in Morocco, but they refused to host the broadcasting rights. He also Attorney-at-law, Partner, Rizkana & Partners it because of Ebola concerns then it was promised to add the transparency in all Cairo - Egypt moved to Equatorial Guinea, 2013 was transactions of CAF. hosted by South Africa who replaced ➔➔ Confederation of African Football (CAF) – the tournaments with Libya because Broadcasting rights – Competition law of the civil war in Libya, 2012 was co-hosted by Gabon and Equatorial Egyptian Competition Authority, 3 January 2017 Guinea before CAF decided to switch the CAN to be held in odd years. 16 March 2017 marks the start of a new era for It is obvious that most of the 7 CANs the Confederation of African Football (CAF). between 2012 and 2023 are hosted or After almost three decades of the reign of the going to be hosted by countries located former CAF President, Issa Hayatou (picture), in only one region, despite Africa CAF General Assembly elected a new President, being a vast continent with almost Ahmad, and a quasi-new formation of CAF’s 56 countries which are divided into six Executive Committee. The election of the New President is widely welcomed and received with high hopes and is seen as part of the wind zonal unions19 that requires a fair and of change that has redrawn the international football picture. CAF’s new Administration under the leadership of the New President, Ahmad, justice mechanism in distribution of starts its mandate with a heavy legal heritage. CAF is facing antitrust charges in Egypt, its host country, as well as an antitrust investigation the tournaments on all the zones. on the COMESA level.3 CAF is additionally subject to investigation by the Egyptian Public Funds Prosecutor - for the same incident - but for suspicions of waste of public funds.4 Therefore, Mr Ahmad’s vision regarding this important matter is based mainly on the latest reforms by FIFA in Egyptian Antitrust The PPCFA has started the The ECA and the PPCFA have deciding the hosting country to the Proceedings investigations and the interrogations concluded that CAF is a monopoly with World Cup. He is in favor of the decision on 28 February 2017, has pressed 100% market share of the market of of choosing hosting country for the On 20 December 2016, an Egyptian charges and referred the matter to the “production and distribution of the media CAN must be made by a majority of company, Presentation Sports, Cairo Economic Court on 7 March 2017. content related to CAF’s championships” votes in the CAF Congress, not solely by submitted a complaint to the Egyptian It is remarkable how swiftly the (the “Relevant Market”).5 The ECA and the CAF Executive Committee. Competition Authority (ECA) against investigations were concluded in PPCFA have further concluded that CAF CAF for allegations of abuse of an unprecedented manner: the ECA has abused its dominant position when The current mechanism of choosing dominance. Based on such, on 3 January referred the matter to the PPCFA in less it, allegedly, “sold” all the commercial the CAN hosting countries is stipulated 2017, the ECA has referred CAF’s former than 10 working days and the PPCFA - in rights related to its championships in the Statutes of CAF, and gives president, Issa Hayatou, and the former its turn - referred the matter to the Cairo worldwide on an exclusive basis for the right of deciding the place and Secretary General of CAF, Hicham Economic Courts in less than 5 working 12 years to a French company, Lagardère dates of the final tournaments of the Al Amrani, to the Public Prosecutor days, i.e. an overall investigation Sports, in consideration of USD 1 billion CAF competitions exclusively to the - Department of Commercial and period of less than 15 working days. (approx. EUR 920 million) and rejecting Executive Committee.20 Financial Affairs (PPCFA), to investigate It was equally remarkable how the an offer from Presentation Sports the alleged violation of CAF of the ECA and the PPCFA have concluded amounting to USD 1.2 billion (approx. Mr Ahmad always confirms his desire Egyptian Competition Law no. 3/2005 their investigations without allowing EUR 1.1 billion). to improve CAF’s governance, his as amended. CAF’s legal representatives, i.e. the ambition to create an infrastructure President or the Secretary General, According to the ECA, “selling” to that suits African football and his the opportunity to be heard or to Lagardère Sports without launching a will to avoid creating White Elephant comment on the complaint submitted tender process includes four aspects stadiums. by Presentation Sports against CAF. of abuse of dominance: discrimination, 1 This article contains no confidential information and The investigation bodies always allow refusal to deal, market foreclosure and is based only on publicly available data. It presents only the views and opinions of the author. CAF and themselves the chance to hear all the tying. Such, in the view of the ECA, has Rizkana & Partners do not necessarily share the same involved parties in order to make a more resulted in the end customers, i.e. the views and opinions. 2 The author is Doctorant at Paris I Panthéon Sorbonne complete and clearer picture of the tele-spectators, paying more than University – “L’arbitrage et le Droit des affaires du incident subject of the investigations. they should normally pay to watch the sport”. 3 The Common Market for Eastern and Southern Africa This is in sight of a more accurate African football matches. 4 The Public Prosecutor considered that the funds conclusion and in respect of the basic of CAF are Egyptian public funds that should be 19 Art. 13 of the Statutes of CAF - Zonal Unions protected as same based on the fact the Egyptian rights of defense of the juridical person 20 Art. 23.17 of the Statutes of CAF -_Prerogatives of the Football Association pay a membership fee of under investigation. 5 This is the market definition according to the ECA’s Executive Committee approximately USD 500 (approx. EUR 460) per annum. decision dated 3 January 2017.

242 Football Legal Football Legal 243