Proline FC Vs SC Villa

Recap

Circumstances of the case:
The elements set out below are a summary of the main relevant facts, as established by the Competitions Disciplinary Panel on the basis of the official reports, the written submissions, the exhibits filed and the statements produced in the course of the proceedings. While this FUFA disciplinary body has considered all the facts, allegations, legal arguments and evidence submitted by the club in these proceedings, it refers in the present decision only to the submissions and evidence it considers necessary to explain its reasoning
On 7th September 2019, the referee submitted a match report which stated that Proline FC had not turned up, for the SUPL match # 24 Proline FC Vs SC Villa at StarTimes Stadium-Lugogo.  The Competitions Disciplinary Panel (CDP) opened disciplinary proceedings against Proline FC on 9th September 2019 for violation of FUFA Competition rules. On 10th September 2019, Proline FC responded to the proceedings by CDP stating that they were justified in not honouring the fixture as two (2) of their players were on National team duty.

Matters to determine:
1. Whether Proline FC failed to turn up for the match.
2. Whether Proline was justified in refusing to turn up for the match.
3. Whether UPL was justified in upholding the fixture.
4. Whether Proline FC’s actions brought the game of football into disrepute

Findings:
1. On whether Proline FC did not turn up for the Star times Uganda Premier League match against SC Villa on 7th September 2019, CDP relied on the Match official’s report. The report indicated that Proline FC (The home team) did not turn up for the match against SC Villa.

2. On whether Proline FC was justified in refusing to turn up for the match; CDP looked at the evidence submitted through Proline FC’s response in which they referred to the 2001 FIFA circular 792 which stated that, “national championship games should not be scheduled during the set FIFA dates for international matches and friendlies”
The same FIFA circular 792 of 21st December 2001, also stated that the circular would come into effect on 1st January 2002 and would introduce fixed match dates for international matches in 2002, 2003 and 2004. Accordingly, CDP finds that the document Proline FC relied on, that is circular No.792 of 2001 is no longer in line with the prevailing FIFA Regulations on the Status and Transfer of Players. Annexe1 of the regulations on the status and transfer of players of June 2019 states that, “Clubs are obliged to release their registered players to the
representative teams of the country for which the player is eligible to play on the basis of his nationality if they are called up by the association concerned.”

3. On whether the StarTimes Uganda Premier League was justified in upholding the fixture, Article 19 of the FUFA Competition rules provides, “If a club has three (3) or more players in the national team, the fixtures involving such a club may be called off three (3) days before and three (3) days after the national team engagement if it is to be played in Uganda and may be called off three (3) days before departure and three (3) days after return from an engagement outside Uganda. Proline FC in their request to the StarTimes Uganda Premier League to have the match between Proline FC and SC Villa rescheduled indicated that they had only two (2) players with the National team. CDP therefore finds that The StarTimes Uganda Premier League was justified in upholding the above mentioned fixture.

4. On whether Proline FC’s actions brought the game into disrepute, Proline FC through various public communications and pronouncements about the matter at hand depicted the UPL and the entire football management as ignorant of football regulations which in consequence put the game of football into disrepute.

Legal framework:
Pursuant to Article 62 FUFA Statutes, as well as Article 31 of the FUFA Competitions Rules, the Competitions Disciplinary Panel (“CDP”) is competent to deal with the case. In light of the aforementioned, the FUFA Statutes, rules and regulations, in particular the FUFA competitions Rules are applicable to these proceedings.  Article 24 of the FUFA Competitions rules establishes that, “A club failing to turn up for any league/competition match shall submit a written explanation to the TOC within forty eight hours from the date of the match.”  Paragraph 9 further provides, that a club shall lose the match by forfeiture and shall be docked six (6) points and six (6) goals from those already accumulated or to be accumulated in event that the defaulting club is the home club”.

Decision:
In consideration of the above findings, the FUFA Competitions Disciplinary Panel orders that;
1. Proline FC loses the match against SC Villa by forfeiture.
2. Proline FC be docked six points and six goals from those accumulated or to be accumulated in accordance with Article 24 (9) of the FUFA Competition rules.
3. That the table standings be updated accordingly.
4. For bringing the game into disrepute, Proline FC is fined UGX 5,000,000 (Five Million shillings only) to be paid by 18th September 2019.

There is a right of Appeal in accordance with the FUFA Regulations.