Football is currently experiencing significant growth as a sport in Tanzania, in which its premiere league ( “NBC premiere league”) attracts both direct and indirect investments from local and multinational companies. It is estimated that, the NBC premiere league is worth more than TZS 228. 1 Billion, encompassing broadcasting rights and league sponsorships. As a result of the lucrative nature of the sport, professional footballers (“footballers”) are highly paid during a transfer window. Notwithstanding this incredibly remunerative nature of the transfer of footballers which is executed in a written form amongst clubs and footballers, these contracts must be cautiously drafted and meticulously scrutinized by their Advocates, to ensure that they conform with accepted standards and contains all relevant clauses prior to execution by the parties.
Footballers’ contracts are often incredibly complex and are required to contain certain minimum essential requirements in compliance with relevant laws. These minimum requirements are guidelines which aim to cover the most important and essential rights and duties of both parties to the contract.
What is, perhaps, less obvious is that many regulatory or disciplinary sports disputes also turn on contract law – the basis (and therefore limits) of a sports governing body’s power to sanction an athlete is founded on the contractual relationship between the athlete and the governing body.[1]
They are five (5) core principles of contract law which must be covered when drafting and negotiating a footballer’s contract. This includes, among others, (i) interpretation of contractual terms, (ii) implied terms, (iii) anti-variation clauses, (iv) penalty clauses, and (v) illegality.
This article takes a look at the fundamentals requirement, applicable laws and how they are incorporated into a footballer’s contract in Tanzania, to make sure that it is a valid standard contract which complies with international best practices.
In Tanzania, professional footballers’ contracts are governed by the following laws and regulations.
Under Article 52(1) of the Consitution of the Tanzania Football Federation of 2020, registered by the Registrar of Sports Association and Clubs on 29th July 2020 (as amended) (the “Constitution”), provides that, in determining the status, rights and transfer of players in all competitions in Tanzania the FIFA Regulations on the Status and Transfer of Players (the “ RSTP” ) must be adhered to.
The RSTP[2] was passed by FIFA [3]through its council, and it covers the transfer of players from one club to another and generally governs the rules that parties must take into consideration in the process of negotiating and finalising contracts.
Also, another legal document is the collective bargaining agreement between clubs and the Tanzania Professionals Players Association (SPUTANZA), in which the individual agreement between the parties must confirm to the said collective bargaining agreement, which is usually related to wages, benefits and duties.
The Tanzania Football Federation ( “TFF” ) through its congress, passes various types of legal documents that impact on day to day activities of football in Tanzania. These legal documents consist of various sets of rules and regulations, including but not limited to, the TFF’s Code of Ethics[4], the TFF Disciplinary Code[5], e.t.c. Therefore, the transfer of players must also comply with the same.
The fundamentals clauses required for a professional footballer’s contract.
The following Clauses constitute the essential terms in a standard professional footballer contract:-
Thisis the clause in the contract which defines in clear terms, the commencement or the starting date as well as the ending date of the contract. Therefore for a footballer’s contract to be valid and enforceable, it can not inure in perpetuity. [6]
Like any other contractual relationship, will stipulate the obligation of parties to the contract, footballer’s contract must have a clause which defines the club`s obligations towards the footballer. Such obligation includes;- salary, other financial benefits (i.e. bonuses, car, accommodation, air tickets), medical and health insurance.
The standard footballer`s contract must also contain a clause which defines the duties of the footballer to the club.In particular, they relate to matches and training, some of the duties covered by this clause are, playing matches to the best of his ability, participating in training and match preparations and obeying club rules.
This is a key clause related to the transfer of a footballer to another club. Either during the contractual period or after it has expired in accordance with the appropriate transfer regulation applicable, stipulated by the RSTP.
A professional footballer may be loaned to another club on the basis of an agreement between him and the club concerned. This term must constitute an express clause in the footballer’s contract.
This clause contains the club’s internal disciplinary rules on function or penalties and procedures that will be followed in giving effect to any breach of the rules of the club that would be communicated to the footballer. Additionally, the contract encompasses the procedure to be followed for penalizing a footballer who has violated the club's internal rules.
It’s a clause which prohibits the use of banned substances and obligates a footballer to submit to doping tests upon required by the clubs, anti-doping agencies or football federations.
This clause defines the right of the parties to terminate the agreement.
Based on the aforementioned analysis, it is evident that an Advocate representing the parties plays a crucial role in ensuring that the contract between the parties incorporates key terms that align with the law and accurately reflect the intentions of the parties as agreed upon during the negotiation process.
By Heriel Munisi - Advocate
Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
[1] See Guillermo Olaso de la Rica vs TIU (CAS 2014/A/3467.
[2] Passed by the FIFA Council on 14th March, 2023.
[3]The Fédération Internationale de Football Association was founded on 1904.
[4] The Tanzania Football Federation Ethics Code of 2021.
[5] The Tanzania Football Federation Disciplinary Code of 2021.
[6] Heinz Muller Vs FSV Mainz 05(4 Sa/202/15).
