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ESWATINI BAN FEARS GROW

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MBABANE – There are growing fears that the pending Manzini Wanderers saga in court can add Eswatini to the list of countries banned by FIFA for alleged third-party influence.

The High Court of Eswatini recently ordered that Wanderers be included in the MTN Premier League fixture programme, after they successfully challenged the inclusion of Denver Sundowns Skipper Jimoh Moses in their decisive relegation six-pointer, back in May, this year. The court had technically ordered a 15-team league. While the matter is sub judice (under judicial consideration and, therefore, prohibited from public discussion elsewhere) , there are repeated concerns that the country is skating on thin ice, if  the International Federation of Association Football (FIFA) considers it as third-party influence in football. Through an appeal, both the Premier League of Eswatini (PLE) and Moneni Pirates, who are interested parties in the matter, are vigorously opposing Wanderers’ application and further challenge the court’s jurisdiction over the case.

Flouted

This happens at a time when up to seven countries were banned by FIFA before in almost similar incidents. Some were adjudged to have flouted the global football mother’s body third-party influence principles. Back in 2007, FIFA’s member associations voted for the punishment of any ‘leagues, members of leagues, clubs, members of clubs, players, officials and other association officials,’ who take their disputes to ordinary courts of law. It was established that many member countries over the world have previously been suspended by FIFA owing to their complete disregard of FIFA’s non-interference principle.

The  principle seeks to promote the independence of football federations, who are member associations of FIFA. On incalculable occasions, the breach of this fundamental principle manifested through political interference in football-related matters, where a country’s government would incorrectly assume the prerogative to regulate the affairs of a member association, which conduct is prohibited in terms of the FIFA statutes. For the attainment of complete independence of member associations, FIFA has codified rules in terms of which member associations are to be protected from interference of third parties failing, which they shall be suspended from participating in football competitions that are under the custodianship of FIFA.

The FIFA statutes make provision for the above-mentioned protection through Articles 68. The Nigerian Football Federation (NFF), for instance, decided to sack the executive committee and a Nigerian court summoned a civil servant to run the federation. After this, FIFA immediately suspended the NFF on July 9, 2014. Guatemala was also banned in October 2016.
The decision was taken after the directors of the football federation refused to recognise the committee, saying it is against the country’s laws.

Ban

The ban was finally lifted in 2018. Another classic example is that of Kuwait and Indonesia, who were banned by FIFA in 2015. The action was taken after FIFA found out that Kuwait’s administration was interfering with the work of football associations present in the country. However, Indonesia was banned after its government decided to abolish the football association in 2015. The country then replaced it with its own football committee. Pakistan faced a similar ban in 2017. The ban was imposed on Pakistan’s football federation because their offices were controlled by a third-party. The ban was lifted in 2022. A ban was imposed on Football Kenya Federation (FKF) in February 2022, after Kenyan Sports Ministry decided to appoint a caretaker board to run the football federation. The ban continues to be in force. The marathon Wanderers case, on the other hand, is expected back in court, today.

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