Following the first instalment of our article on the upcoming exams for prospective FIFA Football agents, local players' representative Mpho Nkontlha is back to answer some of the frequently asked questions on the topic.
For anyone wanting to become a FIFA-accredited agent, there is a process to follow, which includes sitting for the mandatory exams, with the next ones set for November this year.
In the article that appear on the KickOff website on Monday, the Tshwane-based agent revealed some useful information, such as that if you have a previous criminal conviction(s), your application will not be accepted by the world's football governing body.
READ: PART 1 | Wanna become a football agent? Take heed…
In Part 2, we delve into more questions and answers from Nkontlha of Nkontlha Attorneys Inc., as per the below.
What are other charges that could prevent one from obtaining the license?
These charges could be legal malpractice, fraud, harassment, tax evasion, etc. Article 5 of the FFAR (FIFA Football Agent Regulations) lists all these charges for ease of reference. It is a requirement that applicants provide their letter of good standing with SARS, as well as the Criminal Record Clearance Certificate to SAFA. FIFA expects those who hold licenses to maintain the eligibility standards post-issuance. Should they contravene or violate Article 5 requirements at any point, FIFA is within its rights to revoke such licenses.
Can a shareholder of an academy trade as a football agent?
According to the FFAR, any shareholding in any club, academy, or league makes an applicant ineligible to obtain a license. This would be devastating news for good-standing citizens who wish to run their own academies in conjunction with trading as agents. The rationale behind this stems from the need to outroot what FIFA describes 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.
FIFA goes further than that by also barring any employee or official of a confederation or member association, a club, or a league from obtaining a license. A scout of a football club, CEO, coach, team manager, physio, whatever the case may be, are all ineligible according to Article 5. It goes without saying that any member of SAFA is ineligible because they are employed by an association.
Do SAFA have their own Agent Licensing Exams as an alternative?
The upcoming exams are relevant for agents who wish to represent clubs and footballers on international transfers/transaction. A South African player who joins an Algerian club requires a fully FIFA-licensed agent as the transfer involves two associations. The agent has a unique license number, which is issued by FIFA upon passing the exams. That license number has to be incorporated into the Representation Contract as well as player-club contract that is to be lodged with FIFA on the platform.
SAFA is expected to roll out its own exams in the not-too-distant future, the content thereof would only apply to local transfers. FIFA provides that the local exams must be similar to the international exams. However, national legislation trumps out FIFA's regulations in terms of Section 231 of the constitution of South Africa. In simpler terms, it means issues such as age of majority will be in terms of Child Justice Act of South Africa and Labour Relations Act, Basic Conditions of Employment Act would be retained for so long as are favourable.
As much as FIFA is semi-autonomous multilateral organizations, domestication of its regulations into SAFA need not be incorporated wholly without circumspection. We expect SAFA Football Agent Regulations to be less stringent on the eligibility, taking into account various circumstances that are unique to the Republic.
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However, the advantages of obtaining a FIFA Agent license is that the holder may still represent footballers and clubs in South Africa and abroad alike. However, those who will only acquire SAFA agent exams are confined to trade within the republic.
We all await with bated breath for SAFA Football Agent Regulations, which will most probably be a replication of the current FIFA regulations with few tweaks here and there.