The Ghana Soccer Affiliation (GFA) has received the Closing Arbitral Award towards Tema Youth SC within the substantive case on the Courtroom of Arbitration for Sport (CAS) regarding the switch of participant Joseph Paintsil by Tema Youth SC to KRC Genk, a Belgian soccer membership, for a switch payment of EUR 3,000,000.00
In a 31-page resolution, CAS confirmed the choice of the GFA Appeals Committee issued on June 11, 2022 holding that Tema Youth SC shall pay the next quantities inside 14 days from 11 June 2022:
– EUR 688,000 to Younger Purple Bull
– EUR 150,000 to the GFA; and
– EUR 150,000 to the Ghana League Golf equipment Affiliation (“GHALCA”).
In its last resolution, CAS, after contemplating all of the proof and arguments confirmed the choice of the GFA Appeals Committee and rejected all of the reliefs sought by Tema Youth SC as being inadmissible towards Younger Purple Bull FC and dismissed these in relations to the Ghana Soccer Affiliation.
This ends the CAS case by Tema Youth SC, which has seen GFA win three selections at CAS towards Tema Youth SC in relation to the switch of participant Joseph Paintsil (two provisional measures selections and this Closing Arbitral Awardresolution).
BACKGROUND
On 23 March 2022, Younger Purple Bull FC filed a declare towards Tema Youth SC earlier than the GFA Players’ Status Committee(GFA PSC), claiming an quantity of EUR 778,807 based mostly on the Switch Settlement between the 2 workforces in relation to participant Joseph Paintsil (i.e. 30% of the switch payment acquired by Tema Youth SC from KRC Genk) much less EUR 122,000 already paid by Tema Youth SC to Younger Purple Bull FC.
On 23 March 2022, the GFA PSC rendered its Resolution, with the next operative half: “Tema Youth SC shall due to this fact pay the excellent stability of Seven Hundred and Seventy-Eight Thousand, Eight Hundred and Seven Euros (€778,807.00) to Younger Purple Bull FC inside one month after the latter has furnished the previous with financial institution particulars of his alternative.”
On 15 April 2022, Tema Youth SC filed an attraction towards the PSC Resolution with the GFA Appeals Committee.
On 11 June 2022, the GFA Appeals Committee rendered itsResolution, with the next operative half: “We hereby direct Tema Youth SC to pay Younger Purple Bull FC the €688,000.00 inside fourteen (14) days from the receipt of our resolution from the GFA. Tema Youth SC is additional directed to pay the One Hundred and Fifty Thousand Euros (€150,000.00) as a result of GFA and the One Hundred and Fifty Thousand Euros (€150,000.00) due GHALCA throughout the identical fourteen days indicated earlier.”
On 1 July 2022, Tema Youth SC filed a Assertion of Attraction with the CAS difficult the GFA Attraction Committee Resolution.
On this submission, Tema Youth SC named the GFA as the only real Respondent and additionally utilized for a Stay of Execution of the GFA Appeals Committee Resolution.
TWO PROVISIONAL MEASURES EARLIER WON BY GFA
CAS on July 26, 2022 rejected a request of Tema Youth SC for a Stay of Execution of the GFA’s Appeals Committee resolution in relation to the refusal to make funds to Younger Purple Bull FC and GFA in relation to the switch of participant Joseph Paintsil.
Younger Purple Bull FC thereafter instituted a case for Enforcement Case on the GFA disciplinary Committee for the cost towards Tema Youth SC.
The Enforcement resolution said that Tema Youth SC shallproceed to undergo 3 factors after enjoying every match in accordance with the Disciplinary Code for his or her refusal to obey the choice of the Appeals Committee and that if the refusal to pay the debt persist to six October 2022 the workforce shall additionally undergo switch ban.
Secondly, on 25 August 2023, the Tema Youth SC as soon as once more went to CAS and requested for a provisional measure on account of Tema Youth SC relegation by its final place placement on the Division One League Zone 3 desk in accordance with the Division One League Laws.
Tema Youth SC argued for his or her relegation from the Division One League Zone 3 to Division Two League to be halted by CAS pending the discharge of the ultimate resolution within the substantive case earlier than CAS.
Having thought-about all of the arguments superior by each Tema Youth SC and GFA, the CAS Panel determined that the “Petition on Demotion”, thought-about as a request for provisional measures, filed by Tema Youth Soccer Membership on 25 August 2023 within the matter CAS 2022/A/9010 Tema Youth Soccer Membership v. Ghana Soccer Affiliation is dismissed.
FINAL ARBITRAL DECISION OF CAS
The Courtroom of Arbitration for Sport guidelines that:
1. The attraction filed on 1 July 2022 by Tema Youth Soccer Membership towards the choice issued on 11 June 2022 by the Appeals Committee of the Ghana Soccer Affiliation, insofar because it issues the pursuits of Younger Purple Bull FC and the Ghana League Golf equipment Affiliation, is inadmissible.
2. The attraction filed on 1 July 2022 by Tema Youth Soccer Membership towards the choice issued on 11 June 2022 by the Appeals Committee of the Ghana Soccer Affiliation, insofar because it issues the pursuits of the Ghana Soccer Affiliation, is dismissed.
3. The choice issued on 11 June 2022 by the Appeals Committee of the Ghana Soccer Affiliation, insofar because it issues the pursuits of the Ghana Soccer Affiliation, together with the cost obligation regarding the quantity of EUR 150,000 (100 fifty thousand Euros) to be paid to the Ghana Soccer Affiliation, is confirmed.
4. The prices of the arbitration, to be decided and served on the Events by the CAS Courtroom Workplace, shall be borne of their entirety by Tema Youth Soccer Membership.
5. Tema Youth Soccer Membership shall bear its personal prices and is ordered to pay to the Ghana Soccer Affiliation the overall quantity of CHF 4,000 (4 thousand Swiss Francs) as a contribution in the direction of its authorized charges and different bills incurred in reference to these arbitration proceedings.
6. All different and additional motions or prayers for aid are dismissed.
EFFECT OF THE FINAL DECISION BY CAS
The impact of the Closing Resolution by CAS within the matter signifies that the enforcement resolution of the GFA Disciplinary Committee in favour of Younger Purple Bull FC for the cost towards Tema Youth SC, for which Tema workforce proceed to undergo 3 factors after enjoying every match in accordance with the Disciplinary Code will proceed till Tema Youth SC absolutely settle all of the debt or attain a settlement settlement with events.
Thus, every match that Tema Youth SC performs, the membership will forfeit 3 factors till it absolutely settles the indebtedness to Younger Purple Bull FC and others.
Secondly, for the reason that debt has persevered past October 2022, Tema Youth SC can even undergo switch ban in Ghana and internationally till the debt is settled or settlement reached by all events.
Tema Youth SC transferred Joseph Paintsil to KRC Genk, a Belgian soccer membership, for a switch payment of EUR 3,000,000.00
