Continuing our article on the upcoming exams for prospective FIFA Football agents, local players' representative Mpho Nkontlha answers some commonly asked questions.
In order to become a FIFA-accredited agent, one must sit for the mandatory exams, scheduled for November this year.
KickOff's article on Monday revealed some useful information, such as that if you have a previous criminal conviction(s), your application will not be accepted.
Following are more questions and answers from Nkontlha of Nkontlha Attorneys Inc.
Can one obtain a license if there are other charges?
Possible rephrased paragraph:
Is it possible for a shareholder of an academy to trade as a football agent?
An applicant cannot obtain a license if they own any shares in any club, academy, or league, according to the FFAR. It is devastating news for citizens who wish to operate their own academies in addition to trading as agents. The rationale is to eliminate what FIFA refers to as a bridge transfer. Please refer to Article 5BIS of the Regulations on Status of Players Transfer (RSTP), which discusses a bridge transfer and its prohibition.
Moreover, FIFA prohibits the acquisition of a license for any employee or official of a confederation or member association, as well as any club or league. In accordance with Article 5, any member of SAFA who is employed by an association is ineligible, whether they are a scout or CEO of a football club, a coach or physiotherapist, whatever the case may be.
As an alternative, does SAFA have its own Agent Licensing Exam?
In order to represent clubs and footballers on international transfers/transactions, agents need to pass the upcoming exams. As the transfer involves two associations, a South African player joining an Algerian club requires an agent who is fully licensed by FIFA. After passing the exams, the agent is issued a unique license number. The license number should be incorporated into the Representation Contract, as well as the player-club contract, which is submitted to FIFA on the platform.
SAFA is planning to introduce its own exams in the near future, which will only apply to transfers within the country. FIFA requires that these local exams be comparable to their international counterparts. However, according to Section 231 of the South African constitution, national laws take precedence over FIFA's regulations. This means that factors like age of majority will follow the Child Justice Act and Labour Relations Act in South Africa, while favourable aspects from the Basic Conditions of Employment Act will still be upheld.
The domestication of FIFA's regulations into SAFA should be done with caution, as FIFA is a semi-autonomous multilateral organization. Due to the unique circumstances of the Republic, we expect SAFA Football Agent Regulations to be less stringent regarding eligibility.
It is important to note, however, that one who obtains a FIFA agent license is able to represent footballers and clubs both within and outside the country.
The SAFA Football Agent Regulations are expected to be a replication of the current FIFA regulations with a few tweaks.
