Sometime this week, the soccer website Goal.Com reported that the Ministry of Interior of Serbia, the body vested with the right authority over usage of travelling documents in that country has seized the passport of Ghana's Coach Goran Stevanovic for reasons which are still unclear. The coach of Ghana's Black Stars, Goran Stevanovic hails from Serbia. The Serbian affectionately called PLAVI was expected to return to Ghana on Tuesday March 13, 2012 to face an emergency committee of the Ghana Football Association, the body that oversees the running of the game in Ghana, over his future after a short stay in his homeland. The Serbian led Ghana to a fourth-placed finish at last 28th Africa Cup of Nations in Gabon and Equatorial Guinea in January and February 2012, but local fans are unhappy with that result and have called for his head.The truth is that Plavi himself promised to resign if he did not win the trophy which Ghana last won 30 years earlier. There is speculation that the coach has been sacked by the Football Association (FA) and that Tuesday’s meeting was expected to officially inform him of the FA’s decision. However, it might appear as if the decision is not final because sources hint that 'although majority of the Ghana FA members are opposed to his stay, the FA president, Kwesi Nyantakyi backs him' for whichever reasons.
While details of the circumstances leading to this action by the Serbian Interior Ministry are sketchy, Goal.com offered a possible explanation for this crisis. According to the web report, there are 'strong signals picked indicating that the seizure of the 45-year-old’s passport was as a result of a brewing diplomatic row between Ghana and Serbia. The two nations are at loggerheads leading to the closure of the diplomatic missions of both countries because of Ghana's decision to recognise Kosovo as a partial independent state, a stance Serbia frowns upon. Although experts in international diplomacy contend the strained relationship between both countries have not gotten to a level to restrict individual travels, others are of the view that the row could be a factor. In fact when Ghana's External Affairs Minister, Mohammed Mumuni announced the strained relationship to Ghanaian Parliamentarians, the Minority Leader, Osei Kyei Mensah raised this question. At the time, Mr. Mumuni downplayed the issue as unrelated when he described the contract as between two private parties. This might after all not turn out to hold, the Serbians are very smart, they are hitting Ghana where it hurts most without directly being seen to be interfering in a private contract between two private bodies from the two nations. The policy of dze wo fie asem as espoused by President JEA Mills is unraveling and when two elephants fight, it is in this case, soccer loving fans of Ghana who lose. And this brings us to a very important clause that is inserted in almost all written modern contracts; Force majeure. I have no doubt though writing here as a JHS graduate, that the contract in question has this casus fortuitus (Latin) clause.
Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.While I am not privy to the details of examples given as constituting force majeure under the contract in question, it is very likely to include war. Assuming this is the case, then clearly, diplomatic row appropriately qualifies or satisfies this condition. If this is the case, then it is clear that Plavi's absence in Ghana presently cannot be interpreted as 'usual absence of leave without permission' intended to excuse his failure to perform. The reason assigned in this instance is not within the coach's control.
So what options are there for the parties to seek remedies bearing in mind that the Black Stars of Ghana will be expected to play competitive matches soon? Apparently from the ongoing, the Ghana FA must exercise a great deal of caution in managing the situation as its ramifications can be very damaging. The Ghana FA should be careful in dealing with this issue and the coach.The Ghana FA has to remember that it still has a valid running contract with Coach Goran Stevanovic. He requires a valid passport issued by his country to enable him to travel to Ghana to continue with his contract and if his country is refusing to issue or in this case withdraw his passport, then the Ghana FA cannot sack him for not coming to work. And if the Ghana FA is not cautious, he could sue for breach of contract to claim loss of income and penalty. It could be a trap and another gargantuan judgement debt payment might be in the wait. The parties, especially Ghana FA has several options at their disposal. One such choice will be to offer Goran Stevanovic an extended Force Majeure Leave. This arises where crisis affecting an employee make the immediate presence of the employee indispensable owing to an injury or illness (usually of a close family member). In this case, an amicable solution can be reached in due course to the satisfaction of both parties. Alternatively, both parties or either of them can ask FIFA to intervene. Football or soccer as one of the most popular sports in the world is and still must foster peace between nations and persons.
