BMC FC saga heats up

| September 13, 2013

The fight for the soul of BMC Football Club may soon come to an end after the Registrar of Society made a resolution that the club was still a society under the BMC Social welfare club.

The team has become the subject of a well-publicised rift   between the Botswana Meat Commission management and the BMC FC supporters calumniating in the clandestine sale of the Lobatse based club to an Iranian Gaborone-based business man Daroush Ghodrati. However, in a drastic twist of events late last week, the Registrar of Societies ruled that as things stand, BMC FC was a society, and not a private company.

“We advise as follows that in accordance with our records, the Botswana Meat Commission Football Club is part of a society called BMC Welfare Social Club, a duly registered society under the Societies Act with registration certificate No. CR 0383,” the Director of the Registrar of Societies Neo Lepang said in a letter directed to the club’s chairman Sonny Phiri. The letter dated 4th September goes on to explain that the latest annual returns for the BMC Welfare Social Club in respect of the BMC FC filed with the Registrar’s office on 25th July 2013 revealed the office bearers for the current period as chairperson Sonny Phiri, Vice Chairperson Tiro Kganela, Treasurer Kitso Leburu, Secretary Emmanuel Tshekiso and Vice Secretary Modiri Garenamotse.

“Further we advise that, a society that has been registered in accordance with the societies Act, Cap.18:01 of the laws of Botswana, becomes a legal persona, capable of suing or being sued in its name,” Lepang said.  The Registrar also explained that   the management committee of BMC FC as per returns of the date stated above remains the lawful management committee until the registrar is notified otherwise in accordance with the provisions of Societies Act and its regulations.

In an interview with Sun Sports, BMC chairman Sonny Phiri said the Botswana Football Association (BFA) has since advised them to seek clearance from the Registrar of Societies in order to resolve the matter. Regarding the perceived sale of the team, Phiri said they had never dealt with the supposed owner of the team. “We have no business with him,” he said. The spokesperson for the BMC club Themba Setimela said   the   team constitution did not allow company management to control the team.

“A society can own a company but a company cannot own a society,” he said. Setimela said the team committee can only be dissolved at a Generals Assembly and the company management has “ no power to do so. BFA President Tebogo Sebego said he was yet to peruse through the said letter from Lepang. However, Sebego said the Registrar of Societies was the ultimate authority to resolve the matter. He explained that BFA would respect any resolution taken by the Registrar. Reached for comment the BMC company spokesperson Tiro Kganela was unmoved by the new developments at the Registrar of Societies.

Kganela accused BMC FC Secretary General Emmanuel Thekiso of filing returns at the Registrar of Societies without permission from the company management. “This is fraud, we will alert his employers about this,” he said. According to Kganela, BMC FC is part of the BMC Social welfare club and it is   run under the supervision of the BMC Chief Executive Officer Dr Akolang Tombale, who also has powers to dissolve the BMC FC committee. Kganela said the company management would soon file the relevant documents with the Registrar of Societies and then allow the law to take its cause on the matter.

Meanwhile, Kganela said there were members of the team who refused to leave company houses to go to Gaborone where their new owner is based. “We will throw them out of company houses tonight (Monday),”he said. Further investigations by Sun Sports revealed that the BMC welfare social club constitution of 16 May 1978 clearly states that the club can only be dissolved at any time provided that a general meeting especially convened for that purpose at which two thirds of the members are present. “Such meeting shall be called on not less than one month’s notice,” the Constitution states under the Dissolution clause.

Category: Sports

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