When the Court of Arbitration for Sport (CAS) was created in 1984, the goal was to provide an independent and specialized forum for the settlement of sports-related disputes.

Put simply, it was created to check the overbearing powers of sports federations in executing their mandate. So, as a specialized body that handles disputes such as contractual disagreements and disciplinary matters, CAS has saved several players and clubs that previously had nowhere to run for redress.

CAS has made rulings that have overturned Fifa decisions and reduced doping bans on sports personalities. Unfortunately, the process to get CAS’ attention involves so many steps and delays that it is hard to see an aggrieved Ugandan sports personality or club reach there.

After all, all arbitration is done in Lausanne, Switzerland. How many entities can afford to go there? The question here for sports people is, where do you run for redress in Uganda? Court!

But we all know how long it takes to resolve court matters, even with the Court of Arbitration. Oftentimes, rulings arrive when the situation has been overtaken by events. On that note, Moses Magogo, the Fufa president, rightly mooted to have an independent sports tribunal in his original Sports bill but the recently assented-to Sports Act by the President Museveni leaves the powers to appoint this tribunal to the National Council of Sports (NCS).

That wouldn’t be a problem but recent events have showed us that NCS’s influence, especially in football matters, is greatly limited, and by extension, the tribunal may not be that effective. To me, this is a misfortune in disguise and, ironically, a blessing in disguise for Magogo because it leaves him with multiple tenterhooks of influence in the administration of sports in the country.

History has shown this is not good at a time we need a clear separation of powers in sports administration in order to ensure checks and balances. So, we all know how Fufa acts with impunity many times and the underlying influence of Magogo can also be seen in parliament, where he heads the Information and communication technologies (ICT) committee, a key area in the advancement of sports because media, to a large extent, determines the pace of development of sports.

You may have seen recently when media houses ran to Magogo’s ICT committee to plead to have government advertising monopoly reversed. You see how he pulls the strings with that overreaching influence?

This is not in any way an attack on Magogo but a show how an office holder can promote or frustrate sports. So, in the absence of an independent tribunal with representatives from various stakeholders, it may only serve to maintain the frustrating current status quo in sports, especially football.

For instance, will the tribunal have the temerity to rule against Fufa or Magogo? Only time will tell.

The author is SC Villa President Emeritus

Source: The Observer

Share this content: