FUFA appeals committee at last graced Shaban with Oxygen after over six weeks of suffocation.
The former Onduparaka player initially found ransom from Onduparaka through the FUFA Player Status Committee (PSC) after a ruling favored and declared him free to join a club of his choice but Onduparaka’s appeal left him on air without featuring in any game for any team this season yet.
On 7th November 2017, appeals committee released their Verdict. Given Shaban’s unwillingness to return to Onduparaka, the FUFA appeals committee was then right about advising the former club to release him in exchange of a compensation fee amounting to 22M [UGX] for damages caused and breach of contract according to their regulations on the Status and Transfer of players but they were unfair to have left KCCA and the player Status committee walk free for some reasons.
During the first verdict of the FUFA player status committee, it mentioned the committee relied on FIFA and FUFA regulations on the Status and Transfer of Players that stated that any party to the contract if is incapable of performing the same for reasons not beyond his/ her control, can terminate the contract but pay compensation to the party not in breach.
But it still puts Shaban’s said incapability to perform for reasons beyond him in perspective because Onduparaka claims the skirmish between the club and the player was swayed by the player’s father no wonder he mentioned his parents as one of the reasons that make him incapable of performing. So given the fact that it’s Shaban who plays football and not the father, it becomes senseless to perceive Shaban cannot perform.
Secondly, Shaban mentioned academic matter as one of the reasons that renders him incapable of concentrating and continuing to play professional football for Onduparaka. Football being a professional career, why would a professional footballer of 19 years want to study besides football? Which footballer in the world at that age studies something else besides football and if it was about studies, doesn’t the region in which Onduparaka is situated have schools the player could enroll in? These are some of the questions the player Status committee and appeals committee didn’t consider.
It puts their decisions on the matter under scrutiny because it’s clear that there was unilateral breach of contract without just cause and sporting which should result to financial fine which was imposed but also sporting sanction which the committee didn’t execute. It makes brains wonder, does the countries’ football association realize they are fueling and encouraging players and clubs to disrespect contracts hence affecting the professionalization of football in the country.
If the committee was able to recognize the regulations of FIFA in solving the dispute, then they should have considered imposing a sporting sanction on whichever club that induced the player to breach the contract herein KCCA FC. This is so because the regulation states that it shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach.
The appeals committee also found out that the PSC did not follow the FUFA regulations to the letter but it still remains bewildering how the appeals committee didn’t impose any sanctions on personnel in the PSC.