Constitution of The Gambia Football Association

THE GAMBIA FOOTBALL ASSOCIATION FOUNDED IN 1952 – AFFILIATED TO FIFA & CAF

PREAMBLE

In exercise of the powers conferred on The Gambia Football Association (GFA) by the GFA General Assembly, these Statutes are hereby made.

ARTICLES OF THE CONSTITUTION

ARTICLE 1 - DEFINITIONS

The terms given below denote the following:

“Arbitration Tribunal: private court of justice acting instead of an Ordinary Court.

“Association” means the Gambia Football Association;

“CAF” means the Confédération Africaine de Football;

“CAS” (TAS) means Court of Arbitration For Sport (Tribunal Arbitral du Sport) in Lausanne (Switzerland);

“Delegate” means a representative to the General Assembly;

“Executive Committee” means the Executive body of the Association;

“F.A Cup” means the Football Association Cup;

“GFA” means the Gambia Football Association;

“General Assembly” means the Assembly of Delegates;

“FIFA” means the Federation International de Football Association;

“IFAB” means the International Football Association Board;

“Laws of the Game” refers to as the Laws of the Game authorised by the International Football Association Board (IFAB);

“Member” means a person who is a member of the Association;

“Member Club” means a National League Club or a Regional League Club which is a member of the Association;

“National League” means the GFA Leagues, Division 1 and 2 for Men and Division 1 and 2 for Women;

“National League Clubs” means all Football Clubs eligible to participate in the GFA League;

“Other competitions” means any other cup competition other than the League Championship and the F.A Cup, organised by the GFA for member clubs, Regional Leagues, or other bodies;

“Ordinary courts” means state courts which have jurisdiction to hear public and private legal disputes;

“Player” means any player licensed by the Association;

“Regional League” means the Regional Leagues played in the administrative regions of The Gambia and administered by the GFA in collaboration with the Regional Football Associations;

“Regional League Club” means all Football Clubs eligible to participate Regional Leagues under the GFA and which are eligible for membership of the Association;

“Standing Order” means the standing Order of the Association; and

“WAFU” means the West African Football Union.

ARTICLE 2: NAME AND HEADQUARTERS

2.1 The Association hereby constituted shall be known and called the “Gambia Football Association” or “GFA”. The GFA is a private organization of an associative nature formed for an unlimited period.

2.2 This document shall be called “Constitution of the GFA”.

2.3 The headquarters of the GFA shall be located at Kanifing East Layout in the Kanifing Municipality of the Republic of The Gambia.

2.4 The GFA is a Member of FIFA, CAF and WAFU.

2.4 The flag of the GFA is red, white, blue, white, green.

2.6 The emblem of the GFA is the scorpion on top of the Gambian flag.

 The logo of the GFA is the scorpion.

 The flag, emblem, logo and abbreviation are legally registered with the Registrar General`s office of the Ministry of Justice.

ARTICLE 3: NEUTRALITY AND NON DISCRIMINATION

3.1 The GFA shall be neutral in matters of politics and religion.

3.2 All forms of political, religious, sexual, ethnic, or racial discrimination are prohibited by the GFA and shall be punishable with a suspension or expulsion.

ARTICLE 4: OFFICIAL LANGUAGES

4.1 The official language of the GFA shall be English.

4.2 All official documents sent to members shall be in the English Language.

4.3 All official meetings including the General Assembly shall be conducted in the English Language.

ARTICLE 5: OBJECTIVES

The objectives of the GFA shall be to -

Administer, develop, promote, control and regulate all forms of Association football throughout the territory of The Gambia;

Encourage the development and promotion of football at national level in a spirit of fair play;

Organize football competitions in all its forms at national level and defining precisely the areas of authority conceded to the various leagues under it;

Regulate the status of players and the provisions for their transfer, as well as questions relating to these matters, in particular the encouragement of player training by clubs;

Control and supervise all official friendly international football matches played throughout the territory of The Gambia;

Draw up regulations and ensure their enforcement;

Monitor and supervise all Nawettan football played throughout The Gambia;

Develop and promote friendly relations between The Gambia and sister Football Associations of CAF, FIFA and WAFU;

Assume membership and ensure effective participation in CAF, FIFA, WAFU, and similar Football Organizations created in pursuance of similar objects;

acquire by lease or otherwise, any land, premises or property anywhere in The Gambia for use as a football Field and to build or otherwise provide recreational facilities including boarding and other conveniences therein, and to maintain the same and to permit the same to be used by members of the Association gratuitously or for payment;

Develop and promote football as a means of fostering social integration and moulding the character of the youth in The Gambia in accordance with the Laws of the Game and the spirit of fair play;

Cooperate with the educational authorities in the promotion of football in educational Institutions;

Ensure that its members comply fully with the Statutes, Regulations, Directives and Decisions of the organs of FIFA;

Prepare and ensure the participation of the various National teams in international competitions organised by FIFA, CAF and WAFU;

Fight against doping and prevent all methods or practices which might jeopardise the integrity of matches or competitions or give rise to abuse of Association football;

Formulate policies for the control, training and development of Referees, Coaches, Football Administrators and Medical Officers;

Settle disagreements between its members or persons connected either directly or indirectly with the Association as specified in the present Constitution;

Prevent all methods or practices which might jeopardise the integrity of matches or competitions or give rise to abuse of Association Football; and

Do any thing which is in the interest of football in The Gambia.

ARTICLE 6: PROMOTING FRIENDLY RELATIONS

6.1 The GFA shall promote friendly relations between and among its members, clubs, officials and players and society for humanitarian objectives.

6.2 Every person and organisation involved in the game of football is obliged to observe the Statutes, regulations and the principles of fair play as well as the principles of loyalty, integrity and sportsmanship.

6.3 The GFA shall provide the necessary institutional means to resolve any internal dispute that may arise between members, clubs, officials and players of the GFA.

ARTICLE 7: LAWS OF THE GAME  

7.1 Each member of the GFA shall play association football in compliance with the Laws of the game issued by the International Football Association Board (IFAB). Only IFAB may lay down and alter the Laws of the Game.

7.2   Each member of the GFA shall play futsal in accordance with the Futsal Laws of the Game issued by FIFA.

ARTICLE 8: PLAYERS

8.1   The status of players and the provisions for their transfer shall be regulated by the Executive Committee of the GFA in accordance with current FIFA regulations for the status and transfer of players.

8.2   Players shall be registered in accordance with the regulations of the GFA.

ARTICLE 9: CONDUCT OF BODIES AND OFFICIALS

The bodies and officials of the GFA shall observe the Statutes, regulations, directives, decisions and Code of Ethics of FIFA, CAF, WAFU and the GFA in their activities.

ARTICLE 10: ADMISSIONS, SUSPENSION AND EXPULSION

10.1 The Generally Assembly shall decide whether to admit, suspend or expel a Member.

10.2 Admission may be granted if the applicant fulfils the requirements of the GFA.

10.3 Membership is terminated by resignation or expulsion. Loss of the membership does not relieve the member from its financial obligations towards the GFA or other members of the GFA, but it shall lead to the cancellation of all rights in relation to the GFA.

ARTICLE 11: MEMBERSHIP

11.1 The following entities shall be eligible for membership to the GFA -

The 12 First Division National League clubs;  

The 10 Second Division National League clubs;

The 7 Regional Football Associations;  

The Women`s Football Association;  

The Gambia Referees Association;

The Gambia Coaches Association; 

The Players Association;

The School Sports Association; and

The Association of recognised Nawettan Centres throughout the Gambia.

11.2 An application for affiliation to GFA must be submitted in writing to its general Secretariat.

11.3 The application shall be accompanied with-

a)         A copy of the applicant’s statutes and regulations;

b)         A list of its officials, specifying those who are authorised signatories, with the right to enter into legally binding agreements with third parties;

c)         a declaration to the effect that it agrees to be bound by the Statutes, regulations, and directives of FIFA, CAF, WAFU, GFA and of the Leagues of which it is composed;

d)         A declaration to the effect that it undertakes to ensure that these are respected by its own members and by any other person (player or official) with whom it has a contract;

e)         a declaration to the effect that it recognises the exclusive authority of the GFA Arbitration Tribunal and the Court of Arbitration for Sport (CAS) in respect of all legal disputes involving itself or any of its members;

f)         A declaration that it will comply with the Laws of the Game in force;

g)         A declaration to the effect that it undertakes to organise or to participate in friendly matches only with the prior consent of the GFA;

h)         A declaration to the effect that the legal composition of the applicant guarantees that it can make decisions independently of any external entity;

i)          A copy of the minutes of its last general assembly or constitutional meeting; and

A declaration that it will not take any dispute to the ordinary law court for redress unless specifically provided for in these Statutes or FIFA regulations.

A declaration that it is located and registered [if legally required] in the territory of the Gambia

A declaration that it will play all official home matches in the territory of the Gambia

ARTICLE 12: REQUEST AND PROCEDURE FOR APPLICATION

12.1    The procedure for admission shall be regulated by the Executive Committee of the GFA;

12.2   The Executive Committee shall request the General Assembly either to admit or not to admit an applicant. The applicant may state the reasons for its application to the General Assembly.

12.3   The new member shall acquire membership rights and duties as soon as it has been admitted, and its delegates are eligible to vote and be elected with immediate effect.

ARTICLE 13: MEMBERS’ RIGHTS

13.1    The members of the GFA have the following rights-

a)         To take part in the General Assembly of the GFA, to know its agenda in advance, to be called to the General Assembly within the prescribed time and to exercise their voting rights;

b)         To draw up proposals for inclusion in the agenda of the General Assembly;

c)         To nominate candidates for all bodies of the GFA to be elected;

d)         To be informed of the affairs of the GFA through official bodies of the GFA;

e)         To take part in competitions organised by GFA;

f)         To take part in GFA assistance and development programmes; and

g)         To exercise all other rights arising from these statutes and other regulations.

13.2     The exercise of these rights is subject to other provisions in these Statutes and the applicable regulations.

ARTICLE 14: MEMBERS OBLIGATIONS

14.1 Every member of the GFA has an obligation -

a)         To comply fully with the Statutes, regulations, directives and decisions of FIFA, CAF and GFA at all times and to ensure that these are also respected by its members;

b)         To be loyal to the GFA, meaning, in particular, that the member must refrain from any actions contrary to the interests of GFA;

c)         To settle all sums due by way of subscriptions;

d)         To communicate to the GFA, any amendment of the member’s statutes and regulations, and a list of its officials or persons who are authorised signatories, with the right to enter into legally binding agreements with third parties;

e)         To agree to be bound by the Statutes, regulations, directives and decisions of GFA and, where relevant, of the Leagues of which its is composed;

f)         To observe the Laws of the Game of the IFAB and to ensure that these are likewise observed by its members;

g)         To adopt a statutory clause specifying that all legal actions requiring arbitration involving itself or one of its members and relating to the Statutes, regulations, directives and decisions of the GFA or of the Leagues of which it is composed, shall be subject to the sole authority of the appropriate arbitration tribunal of FIFA, CAF or the GFA, which shall settle the legal action and that any recourse to ordinary courts is prohibited;

h)         To specify in any contract that it concludes with a player or official, a clause by which any legal actions requiring arbitration arising out of the said contract or related to it must be subject to the sole authority of the appropriate arbitration tribunal of FIFA, CAF, or the GFA, which shall  settle the legal action;

i)          To elect the members of its executive organ during its general assembly;

j)          Not to maintain any relations of a sporting nature with members that have been suspended or expelled;

k)         To observe the conditions specified in article 11.3 for the duration of its affiliation;

l)          To observe the principles of loyalty, integrity and good sporting behaviour as an expression of fair play;

m)        To respect all other obligations arising out of these Statutes, the regulations, directives and decisions of FIFA, CAF, WAFU, and the GFA.

14.2   Violations of the above mentioned obligations by a member may lead to sanctions provided for in these Statutes or any other regulation.

ARTICLE 15: RESIGNATIONS

15.1     A member may resign from the GFA only at the end of the football season.

15.2   Notice of such resignation must reach the GFA Secretariat by registered mail or hand delivered not later than two months before the official end of the season.

15.3   Members who have resigned cannot be readmitted to the GFA without a General Assembly resolution and having fulfilled all their outstanding financial commitment to the GFA

ARTICLE 16: SUSPENSIONS

16.1     The General Assembly is responsible for the suspension of any member or official. The Executive Committee may however suspend with immediate effect, any member or official guilty of serious or repeated violations of its obligations. Such suspension shall last until the next General Assembly unless it is lifted earlier.

Any suspension shall be confirmed by a two thirds majority of votes cast at the General Assembly. If it is not confirmed, the suspension is automatically lifted.

16.3. Suspended members shall automatically lose the rights and privileges linked with their membership. Other members shall cease sporting contacts with the suspended member.

Members that do not participate in the sporting activities of the GFA for two consecutive years shall be suspended from voting at the General Assembly and their representatives shall not be elected or appointed until they have fulfilled their obligations in this respect.

Suspension does not relieve the member from its financial obligations towards the GFA or other members of the GFA but leads to cancellation of all rights in relation to the GFA.

ARTICLE 17: EXPLUSION

17.1   The General Assembly may expel a Member-

(a)    If it fails to fulfill its financial obligations towards the GFA for two consecutive years inspite of three written reminders to that effect;

(b)   If it seriously violates the Statutes, regulations, directives and decisions of FIFA, CAF, WAFU or the GFA;

      (c)  The member, its players, officials, match or players` agent resort to the ordinary law court contrary to the Statutes of the GFA, WAFU CAF or FIFA;

17.2   The expulsion of a member can only be effected by a presence of an absolute majority (50% + 1) of members entitled to vote at the General Assembly and with a two third majority of votes cast.

ARTICLE 18: DISSOLUTION

The dissolution of the legal entity of a member may be voluntary or legal.  In each case, it shall result in the loss of member`s status, even before the liquidation stage is reached.

ARTICLE 19: STATUTES OF LEAGUE AND OTHER GROUP OF CLUBS

19.1     Leagues or any other group affiliated to the GFA shall be subordinate to and recognised by the GFA. The member`s statutes shall define the scope of authority and the rights and duties of these groups. The Statutes and regulations of these groups shall be approved by the GFA.

Every member shall ensure that its affiliated bodies can take all decisions on any matter regarding membership independently of any external body. This obligation applies regardless of an affiliated club’s corporate structure.

A member shall ensure that neither a natural nor a legal person (including holding companies and subsidiaries) exercises control over more than one club whenever the integrity of any match or competition could be jeopardised.

ARTICLE 20: HONORARY MEMBERSHIP

20.1   The General Assembly may confer Honorary Membership on any person in recognition of meritorious service to the GFA or special contribution to the development of football in The Gambia.

20.2   The Executive Committee shall make the nomination for the conferment of Honorary membership.

20.3   The Honorary members may take part in the General Assembly debates but shall have no right to vote

ARTICLE 21: ORGANS

21.1     The GFA shall have the following organs:-

The General Assembly, which is the supreme and legislative body;

The Executive Committee, which is the executive body;

Standing and ad-hoc committees, which shall advise and assist the Executive Committee in fulfilling its duties.

The General Secretariat, which is the administrative body;

The Judicial Bodies (Disciplinary and Appeals Committee);

Members of the various organs shall either be elected or appointed into their respective offices through a procedure that guarantees their complete independence.

ARTICLE 22: DEFINITION AND COMPOSITION OF THE GENERAL ASSEMBLY

22.1   The General Assembly is the meeting at which all of the members of the GFA convene. It represents the supreme and legislative authority of the GFA.

22.2 A General Assembly may be an Ordinary or an Extra Ordinary General Assembly

22.3   The President shall conduct the General Assembly business in compliance with the Standing Orders of the General Assembly;

22.4   The General Assembly may appoint observers to attend the meeting without the right to participate in the debate or vote.

22.5   Honorary members may attend and take part in the debate of a General Assembly, but they have no right to vote.

ARTICLE 23: DELEGATES AND VOTES

23.1     The General Assembly shall be composed of 77 Delegates, among which there are 55 voting delegates which shall consist of -

Two delegates from each of the 12 First Division National League Clubs;  with one vote per club (12 votes);

Two delegates from each of the 10 Second Division National League Clubs; with one vote per club (10 votes);

Three delegates from each of the seven Regional Football Associations (21 delegates); with each delegate having a voting right (21 votes);

Two delegates from the Women’s Football Association; with each delegate having a voting right (2 votes);

Two delegates from the Refereeing Association; with each delegate having a voting right (2 votes);

Two delegates from the Coaches Association; with each delegate having a voting right (2 votes);

Two delegates from the Players Association; with each delegate having a voting right (2 votes);

Two delegates from the Schools Sports Association; with each delegate having a voting right (2 votes); and

Two delegates from the Association of recognised Nawettan Centres throughout the Gambia; each delegate having a voting right (2 votes).

23.2   Only delegates present are entitled to vote. Voting by proxy shall not be allowed.

23.3    Delegates must belong to the member that they represent and have the authority of the appropriate body of that member to attend the General Assembly on its behalf. They must be able to produce evidence of this authorization upon request.

23.4    The members of the Executive Committee and the General Secretary shall take part in the General Assembly without voting rights. During their term of office, members of the Executive Committee shall not be appointed as delegates for their Association.

ARTICLE 24: AREAS OF AUTHORITY

The General Assembly has the following authority-

Adopting or amending the Statutes, regulations, governing the application of the statutes, and the standing orders of the General Assembly;

Appointing three members to check and approve the minutes of the last meeting;

Electing the President and Vice Presidents and members of the Executive Committee;

Appointing Scrutineers to count the votes;

Approving the financial statements;

Approving the budget;

Approving the President`s activity report;

Appointing the independent auditors upon the proposal of the Executive Committee;

Fixing the membership subscriptions;

Deciding upon the nomination of the Executive Committee, whether to bestow the honorary membership on any person;

Admitting, suspending or expelling a member;

Revoking the mandate of one or a number of members of a body of the GFA;

Dissolving the GFA;

Making decisions at the request of a member in accordance with these Statutes; and

Electing the members of the Electoral Committee.

ARTICLE 25: ORDINARY GENERAL ASSEMBLY MEETING AND NOTICES

25.1     An Ordinary General Assembly meeting shall be held every year by giving a 6 weeks notice in writing to every person entitled to attend.

25.2    The Executive Committee shall fix the place and date for the meeting.        

25.3     The formal convocation shall be made in writing at least 2 weeks before the date of the General Assembly, and it shall contain the agenda, the President`s activity report, the financial statements, the auditor`s report and any other relevant documents.

ARTICLE 26: QUORUM

26.1 Decisions passed by the General Assembly shall only be valid if the absolute majority (50% + 1) of the members who are entitled to vote are represented at the meeting.

26.2 If a quorum is not achieved, another General Assembly shall take place 24hours after the aborted one, with the same agenda.

26.3 A quorum is not required for the second meeting unless any item on the agenda proposes –

The amendment of the Statutes of the GFA;

The election of the President, Vice President or members of the Executive Committee;

the dismissal of one or a number of members of a body of the GFA;

The expulsion of a member of the GFA; or

The dissolution of the GFA.

ARTICLE 27: DECISIONS OF THE GENERAL ASSEMBLY

27.1 Unless otherwise stipulated in the Statutes, a simple majority of the members entitled to vote is sufficient for a vote to be valid. The number of the valid votes counted shall decide the majority. Spoiled or blank voting slips or any other form of abstentions are disregarded in calculating the majority.

27.2 A decision that requires a vote shall be reached by a show of hands or by means of an electronic count. If a show of hands does not result in a clear majority in favour of a motion, the votes shall be taken by calling the roll in alphabetical order.

ARTICLE 28: AGENDA FOR THE ANNUAL GENERAL ASSEMBLY MEETING

28.1    The General Secretary shall draw up the agenda based on proposals from the Executive Committee and the members. Any proposal that a member wishes to submit to the General Assembly shall be sent to the general secretariat in writing, with a brief explanation, at least 4 weeks before the date of the General Assembly.

28.2  The agenda for the Annual General Meeting must include the following agenda items-

 Roll call;

 Approval of the Agenda;

 Approval of the minutes of the previous meeting;

 Appointment of members to check the minutes;

 Appointment of the Scrutineers;

 Suspension and expulsion of a member where appropriate;

 The President’s report;

 Approval of the activities report of the Executive Committee;

 Presentation and Approval of the financial statements for the previous year;

 Approval of the report of the auditing organ and of the actions of the executive organs;

 Approval of the budget for the following year;

 Admissions for membership;

 Examination of proposals for amendments to the Statutes and regulations of GFA;

Appointment of independent auditors (if applicable) upon the proposal of the Executive Committee;

Dismissal of a body or person;

Elections for any vacant positions;

Any items proposed by the members or by the Executive Committee, provided it complies with articles 28.1 and 28.2.

28.3   The agenda of an Ordinary General Assembly may be altered provided two thirds of the members present and eligible to vote agree to the motion.

28.4   The General Assembly shall not make a decision on any point not included in the agenda.

ARTICLE 29: EXTRAORDINARY GENERAL ASSEMBLY MEETING

29.1 The Executive Committee may convene an Extra Ordinary General Assembly at any time.

29.2   The Executive Committee shall convene an Extraordinary General Assembly Meeting if at least 40% of the members make such a request in writing. The request shall specify the items