In August, there was a rift on social media when Gor Mahia players went on a go-slow demanding a share of the 5 million shillings they were awarded by Fooball Kenya Federation for lifting the 2022/2023 Kenyan topflight title for a record 21st time.
This commentary aims to explain why the players’ actions were misplaced and why Gor Mahia FC’s stance on the issue was justified.
Professional football is governed by a strict legal framework of contracts, league rules and national and international football governing bodies’ statutes.
The players’ contracts with Gor Mahia FC probably have their remuneration, bonuses and other financial benefits. Unless stated in their contracts, players are not entitled to a share of the prize money won by the club.
1. Contractual Terms:
The players’ contracts are binding agreements that outline their salaries, performance bonuses and other benefits. If the contracts don’t state that players are entitled to a share of the prize money, then the demand has no legal basis. Any changes to this would require renegotiation and mutual agreement.
2. Collective Bargaining Agreements:
In some countries, players’ unions negotiate collective bargaining agreements (CBAs) that may include provisions for sharing of prize money. But in Kenyan football, there is no CBA and therefore the club has no obligation to share the prize money with the players.
3. FIFA Regulations:
According to FIFA regulations, prize money given to a club is meant to support the club’s financial stability and other development programs. Clubs can reward players but this is discretionary and not mandatory by FIFA.
While legal arguments are important, ethical considerations also come into play in professional sports. The players’ decision to go on a go-slow raises several ethical issues:
1. Professionalism:
Professional athletes are expected to honour their contracts and be professional. Going on a go-slow without exhausting all other avenues of negotiation is unprofessional and sets a bad precedent.
2. Team Cohesion:
Football is a team sport that requires unity and collective effort. A go-slow disrupts team cohesion and morale and can affect performance on the pitch. Players must resolve their disputes amicably to preserve team harmony.
3. Fan Loyalty:
Football clubs live on the support of their fans. Players’ actions that disrupt matches or affect performance can alienate fans and harm the club’s reputation. Keeping a good relationship with the fans is key to long term success for both the players and the club.
The decision that Gor Mahia FC has made can be supported based on a number of reasons:
1. Financial Management:
Prize money is one of the key revenue streams for clubs. In financially constrained environments like Kenyan football, if clubs are to sustain operational expenses, develop infrastructure, and maintain financial stability, then they ought to make good use of such funds. Giving prize money to players when not obligated by contract could undermine the financial stability of the club.
2. Precedent Setting:
Allowing the players’ demands without a contractual basis for acting on the same can be dangerous in terms of precedent setting.
This kind of understanding could result in similar actions in the future and might also give rise to financial indiscipline, undermining the authority of the club. The club should outline clear boundaries of its operations and stick to the agreements reached in contracts for the purpose of creating discipline or order.
3. Development and Investment:
More so, the role of clubs in investing in youth development, facilities, and community programs. Prize money is really going to support such initiatives and provide long-term growth for clubs and their sport. These investments, more than ad hoc player bonuses, will be a strategic decision for both the long-term benefits of the club and the community.
This case just goes to prove the necessity of professional agents in the game of football:
Expert Negotiators: It is a rare agent with the skills and experience in bargaining for contracts that not only safeguards the player’s interests but also upholds professional working standards. In other words, they ensure that all possible remunerations including shares in prize money have been noted down in the contract so that no scope for dispute arises in the future.
Dispute Resolution: Being an intermediate agent between the player and the club, such agents can provide for communication and the resolution of disputes through negotiation, rather than public protests. In this way, their involvement ensures that the grievances addressed are done so promptly and in a professional manner.
Apart from the financial negotiations, the agents provide a career management service that offers players advice on personal and professional decisions in respect of developing their careers and building up their financial position.
They guide them with every strategic move in terms of negotiating contracts, securing endorsements, and transfers so that players are not burdened with anything other than the playing field.
Legal Protection: Agents ensure that players receive legal protection by scrutinizing clauses within contracts and, at all times, confirming adherence to both national and international regulations. Such scrutiny into the legal aspects of the players’ activities helps keep them from fraudulent engagements and secures their rights.
As much as one understands the plight of the Gor Mahia FC players over the sharing of the prize money, their move was quite improper, both in law and ethics.
Professionalism, respect for contracts, and cohesion in any team head the list in professional sporting. The case also illustrates the importance of having agents in the footballing business not only to protect the rights of the players but also to argue their grievances professionally and the terms of contracts comprehensively.
Players must realize the need for engaging agents so that they can help them in managing their careers and avoiding potential disputes, which always disrupt the smooth journey of career and clubs.
Christopher Sasaka Ochieng is a lawyer and a Licensed FIFA Agent
