TFF closes Feisal case file, pundits nod knowledgeably

Lawyers for the midfielder led by 'aunt' Fatma Karume and in the presence of an advocate for the Jangwani Street outfit, alias Yanga, were told as much at midweek, that there is nothing more to be discussed or reviewed in the case.

TFF has adopted the club's position, bait, hook, and sinker, that if anyone wants Salum, he goes there.

As the season is itself closing, it implies that the club intends to re-register the player as theirs, on the premise that his contract runs up to mid-2024 based on earlier reports.

It implies that the player has to seek his freedom from the club by having an international panel hear the case, and it is unclear if it is FIFA as an organization or its judiciary wing, CAS (Court of Arbitration in Sport), but it would appear the latter is more suited for the issue.

The case is not one of the soccer organizations as with club elections or suspension of officials but the rights of players.

What is also a bit interesting is that there is no appellate instance at the continental level, any more than one could think of such a facility at the regional level, namely CECAFA.

That shows there is a national instance of soccer organization and above it, there is a world instance, not in the region or the continent, as in these spheres the domestic soccer authorities hold something like a veto.

In that case, it was in a sense pointless to have judicial instances at the regional level as it would not work.

To comprehend why these appellate instances would have been irrelevant at the regional level, the lesson is gained right at home, namely that TFF as an appellate instance has by and large been useless to arrive at a different position from the club.

And within that matrix no regional instance would be any better, for they would identify with the club position a priori, reading the contract between the two sides with prior intention to see it as the club wants.

It is a situation where no one can be different from the group, and if this happens the group risks dissipating.

That explains not just the stalemate in how TFF has examined the issue but even how local sentiments acquiesced to diktat on the issue, as earlier at least a plurality of views was being heard on the players rights.

Yanga diehards had a difficult moment balancing the two at the start but eventually inclined towards the club position, and subsequently, others have inclined as well.

The pro-Salum constituency has few takers as no interest groups behind it, so it is isolated.

If the situation was entirely left to TFF and club authorities, the player would stay out of football for the duration of another season as his contract expires at the end of the coming season.

And if one plays the devils advocate, at that time the club would say the player has not fulfilled his part in the contract for two years or so, and therefore he can't be released as he needs to repay the time he stayed out.

It makes little sense but naturally, if the matter was taken to TFF, it would say 'yes', this issue is a lesson for those who wish to snort control of legal or other issues by pressure from outside, as left to ourselves it is difficult to differ with the one who holds the levers of power.

The only support voice is that of a hardline activist and fellow Zanzibari, advocate Fatma, FIFA refused interference earlier when the government moved to remove officials, but this method was later eclipsed.

The last time interference came up it was concerning pecuniary dealings at club level, etc.

The difference between the local appellate instance and FIFA is that player interest comes first rather than the exclusive privilege of the club to interpret the contract, or what it wants out of it.

There was a time the Jangwani Street outfit was doing circles at paying ex-head coach Luc Eymael and started staring at a FIFA ban, upon which they paid the required dues.

What is unclear in this case is whether the club will also have a penalty to pay for ruining the player’s season by refusing to honor the contract, upon which he would have paid the club $100, 000 and left.

It is not clear if the Salum camp shall demand compensation for the ruined season or indeed for breach of contract by the club for failing to honour the terms of player departure enunciated in the contract.

What the club did, and obtained TFF right of way, is to change the terms in mid-air to crush the use of an exit clause, and impose a transfer modality. Discussing that has failed in Bongo, so wait for a CAS verdict.