With the exams for prospective FIFA Football Agents set to sit in November, a local players' representative has explained what the entire process entails and some of the elements that could hinder one's prospects for eligibility.
Mpho Nkontlha of Nkontlha Attorneys Inc. is one of the freshest faces in the local agency market having gone through the same route to become a registered FIFA-licensed football agent. He contends that he and many other agents often receive enquiries from those wanting to venture into the field of player representation, and so with the upcoming exams, feels it's an opportune time to educate any interested individuals on what to take note of.
Read Nkontlha's detailed explanation below, in the first of a two-part series.
Hordes of aspirant football agents have begun their journey across the world, an intricate phase that commences with an application via the FIFA Website platform. The national associations only act as facilitators by liaising with FIFA.
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It appears that FIFA has raised the bar a little bit higher than most jurisdictions. The common fit and proper person, a standard used by SAICA, the HPCSA Legal Practice Council, and FSCA has added another layer of safety net. Be that as it may, any person of the age of majority can apply for a FIFA agent license exams.
You need not hold matric nor university degree. Legal Practitioners who were previously exempted are now required to sit the exams. Parents and families of the players are also required to sit and pass the exams. It seems the onerous way of studying, passing, paying the annual fee is the only way to become a football agent.
However, there are exceptions to the general regulations.
It is worth reminding aspiring football agents that, if you do have a previous criminal conviction(s), your application will not be accepted by FIFA. In the recent case CAS award 2023/A/9938, the Court of Arbitration handed down their ruling on August 8, 2024, in which a Portuguese agent was denied a license owing to a conviction of violent crime.
In simpler terms, should you have been convicted of malicious damage to property, grievous bodily harm, or any form of violent assault, and an applicant would like to face a barrage of questions from FIFA before the license is issued. However, an appeal-able decision within your jurisdiction does not mean FIFA will process your application pending the finalisation of the appeal. It is only an acquittal or setting aside of the conviction that would allow for a new application. Remember this "violent crime"? There is case law at CAS. Other crimes include corruption, bribery, breach of fiduciary duty, sexual abuse, etc.
FIFA continues to rigorously scrutinise the applications of those professionals whose memberships have been struck off the profession's roll. Although FIFA is not specific in naming the industries, in South Africa we are looking at councils such as SAICA, a body that regulates Chartered Accountants; the Health Professions Council of SA, which regulates medical professionals; the Legal Professional Council for legal practitioners; and many more.
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In the event you have pending disciplinary proceedings or have been struck off the roll of practitioners, you are deemed prima facie ineligible to become a football agent. However, Article 5(2) provides that the suspension by the regulatory body should not be more than two years if a professional failed to comply with rules relating to ethics and professional conduct.
It is my view that we are all imperfect, fallible human beings, and to err is also human. It is for that reason that I commend FIFA for looking at the merits of each case with two years and less suspension being the muster that needs to be passed for, which can be viewed as justice and a much-needed reprieve for less serious charges. It offers a sigh of relief to those whose conduct violated professional ethics, as they will be permitted to apply for a license. Remember this: with less than two years of suspension, you are still eligible.
Look out for Part 2 on Wednesday, 11 September - Ed.