The GFA Disciplinary has fined Toende United for its failure to turn up for the MTN FA Cup Preliminary Round match against 77 Stars at Wa Sports Stadium on January 28, 2015 without notification to the GFA and permission from the GFA.
The club was subsequently charged for breaching Articles 7(d) and 11(b) of the FA Cup Regulations which stipulates that:
“A Club failing to give satisfactory reason for withdrawing from the FA Cup shall in addition to any other action considered appropriate not be allowed to enter the FA Cup in the following two (2) seasons and shall be liable to such fine as the Disciplinary Committee considers appropriate”.
In its findings, the Committee held the view that Toende United FC did not withdraw from the MTN FA Cup competition but rather failed to appear for the said match and therefore, Article 7(d) of the FA Cup Regulations could not be applied in this instance.
The Committee however, held the view that Toende United FC fall foul of the provisions of Article 11(b) of the FA Cup Regulations which states as follows:
“Any Club failing to fulfill a fixture shall be declared losers of the match and be punished with by the Disciplinary Committee”.
The Committee was also satisfied with the evidence supporting the charge. The Committee was equally satisfied that Toende United FC had breached Articles 11(b) of the FA Cup Regulations. The Committee also took notice of the lack of response by Toende United FC.
The Committee acknowledged the fact that the first part of said Article has been applied by the FA Cup Committee (FACC) already and rightly so. It was therefore, the second part of Article 11(d) to which this case relates, that is, any Club failing to fulfill a fixture shall be punished by the Disciplinary Committee.
Its decision therefore stated that:
1. That Toende United FC shall forfeit any entitlement due a club which plays in the Preliminary Round of the MTN FA Cup (amount and/or MTN products) and shall refund same if they had already received same, within fourteen (14) days from the date of receipt of this Decision.
2. That Toende United FC is hereby fined an amount of Six Hundred Ghana Cedis (GHc600.00) to be paid to the Ghana Football Association within fourteen (14) days from the date of receipt of this Decision, an amount of Two Hundred Ghana Cedis (GHc200.00) of which shall be paid to 77 Stars by the GFA for their loss of proceeds for the match.
3. That 77 Stars being the Home Team shall not be entitled to cost in respect of Transportation.
4. That should Toende United FC be dissatisfied with this Decision, the club has within two (2) days of being notified of this Decision to appeal to the Appeals Committee (see Article 31(b) of the FA Cup Regulations).
Toende United FC have been declared losers of the said match by the FA Cup Committee and 77 Stars have consequently qualified to the Round of 64 stage of the MTN FA Cup.
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