News and Insights

HAS THE HORSE BOLTED YET?

Introduction:

Pursuant to the FIFA Regulations, Bafana Bafana is running the risk of having its points in the 2026 World Cup qualifiers deducted following its alleged breach of the said regulations. Be that as it may, the central question remains: has the horse bolted to the disadvantage of Bafana Bafana yet?

This article offers thoughts on the application of the FIFA regulations in light of the prevailing circumstances wherein Bafana Bafana’s Midfielder, Teboho Mokoena, was fielded in the 2026 World Cup qualifying match against Lesotho despite having two yellow cards from prior matches in the same FIFA competition.

Issue:

To the delight of the South African football fans and those rallying behind the South African flag, Bafana Bafana has been on a consistent winning trajectory in the 2026 World Cup qualifying games. Presently, the South African national football squad is sitting on 13 points under group C, with a 5 points difference in comparison to Rwanda, which is number 2 of the table under group C with 8 points.

Be that as it may, on 18 November 2023 in a 2026 World Cup qualifying match against Benin where Bafana Bafana saw a 2 – 1 victory, Midfielder, Teboho Mokoena obtained a yellow card. In a subsequent match against Zimbabwe on 11 June 2024, Bafana Bafana saw yet another victory in the score of 3 – 1, but unfortunately Mokoena obtained his second yellow card. This accordingly meant that Mokoena ought to have been suspended from participating in the recent match of 21 March 2025 against Lesotho where Bafana Bafana saw a 2 – 0 victory. This position is premised on Rule 67(1) of the FIFA Disciplinary Code, which provides that a player who accumulates two yellow cards in separate matches of the same FIFA competition is automatically suspended from the next match in that competition.

Contrary to the above-mentioned provision, Mokoena was fielded in the match against Lesotho and thereby standing to be in breach of the FIFA regulations.

Whilst Bafana Bafana may have allegedly breached the FIFA regulations, there are set procedures in terms of which breaches of the same nature must be reported to the world governing body of football, FIFA. In light of this alleged breach, the question that begs is which party carried the primary obligation to report the said breach and within which time period.

FIFA regulations:

Rule 18(1) of the FIFA Disciplinary Code provides that associations and their clubs are entitled to lodge protests. Protests must reach the Disciplinary Committee in writing via the FIFA Legal Portal, indicating the relevant grounds, within 24 hours of the end of the match in question. Rule 18(2) further provides that the 24-hour time limit cannot be extended. Accordingly, Lesotho had 24-hours to lodge its protest, which it did not, and therefore was out of time. The FIFA Disciplinary Code in this respect makes no room for an application for condonation of the late lodgement of a protest.

Possible consequences:

Had Lesotho’s protest been lodged timeously, Bafana Bafana would have inevitably faced unfavourable consequences as set out in the FIFA regulations. Rule 19(1) of the FIFA Disciplinary Code provides that if a player fielded in a match and/or competition is declared ineligible, the FIFA judicial body, taking into consideration the integrity of the competition concerned, may impose any appropriate disciplinary measures. Rule 19(2) provides that if a player fielded in a match is declared ineligible following a protest, the team to which the player belongs to will be sanctioned by forfeiting the match and paying a minimum fine set by the FIFA judicial body. This legislative provision further provides that the concerned player may also be sanctioned.

This effectively means that Bafana Bafana’s points in respect of its game against Lesotho would have been deducted in favour of Lesotho and to the extent that the FIFA judicial body deems it necessary, a monetary fine would have been imposed as well, including a sanction on the part of Mokoena.

Conclusion:

In light of the above, it is clear that the horse has not bolted yet. The situation may be salvaged by legal technicalities. Sometimes the law is technical in nature, which may be to the advantage and/or disadvantage of either of the parties embroiled in a dispute, but the law is the law and must be applied accordingly.

Needless to say, it is unequivocal that Bafana Bafana has the strongest potential to qualify for the 2026 World Cup and to the extent possible, reach territories which have not been traversed in a World Cup competition, which is an ultimate important victory for all persons rallying behind the South African national football team. Sometimes the law is technical in nature, which may be to the advantage and/or prejudice of either of the parties embroiled in a dispute, but the law is the law and must be applied accordingly.

Authors:

Director, Lesedi Mphahlele

and Candidate Attorney, Sello Ramanyana.

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