Cameroon captain Samuel Eto’o. Cameroon’s President last week ordered security officers to confiscate the player’s passport. AFP
The world of sports is rife with politics, controversies and scandals.
Just last week, Cameroonian player Samuel Eto’o found himself in trouble after the country’s president ordered security authorities to confiscate his passport for failure to appear before a commission of inquiry that was set up to investigate Cameroon’s poor performance at the World Cup.
This followed allegations of match-fixing in the Croatia game. Eto’o also incensed his country after leading a strike demanding payment before the games.
A few years ago, there was a scandal and queries about England’s failed bid to host the 2018 World Cup. Some FIFA members were allegedly bribed in return for backing the bid.
These allegations were made before a British parliamentary inquiry formed by the government to probe the governance of football in the country and why England failed to secure the right to host the football fair .
There are a lot of scandals surrounding sports events and this is not only limited to football. Match-fixing and soliciting for bribes are the most common wrongs in sports.
Almost every sport is based on fair assessments of the competitors. Because the nature of sports is competitive, there is need for objectivity to determine the winner.
The judges in any sporting event are required to be fair and ethical. Each game is governed by its own set of regulations and rules which the judges then use to determine the winner. The judges are also supposed to show a sound understanding of the game.
But do the two football incidents show how far national laws can intervene in international matches? In both the Cameroon and British cases, commissions of inquiry were established to investigate the conduct of national teams, among other things.
National law cannot regulate on issues surrounding the conduct of sports as the various clubs and sporting associations are the ones that make the regulations.
For example, nobody can file a case in the High Court seeking to repeal a finding on a football match, made by FIFA.
This is because the sports organisation has mechanisms for appeal and in most cases such appeal is final. This was the ruling in a case filed in the Kenyan High Court by Maurice Odumbe against the Kenya Cricket Association and the International Cricket Council.
The player was suspended for a few years and he sought a judicial review of the decision by both sports associations. The court found that he could not bring an action to review the decisions of both sports clubs.
However, the Sports Act does allow the Government to investigate issues of national sports. For example, the local football association can be investigated and so can the national players.
The Sports Act provides for formation of autonomous bodies charged with overseeing national sports. There is also a Sports Tribunal which adjudicates sports issues insofar as choosing a national team is concerned, among others.
However, its power is limited. Its authority would come in, for example, where there are allegations of fraud and soliciting in choosing the national team. An aggrieved player can appeal.
Ms Mputhia isan Advocate and a Business Strategist. [email protected]
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