In Mali, FEMAFOOT refuses to be audited by the ministry
The simmering row between FEMAFOOT and the Ministry of Sports has come to a head, with the federation rejecting the audit the ministry requested
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In an official letter dated 18 February, addressed to the Chief Inspector of the Inspectorate for Youth, Sports and Citizen Building and to the National Director of Sports and Physical Education, the Malian Football Federation (FEMAFOOT) set out its position on the performance audit ordered by Sports Minister Abdoul Kassim Fomba.
Read also: Mali: ministry financial audit of FEMAFOOT
Sport News Africa has seen the letter. Here are some extracts:
"First of all, it should be recalled that while the Sports Inspectorate's remit is to carry out regular oversight of the administrations, establishments and bodies under the Ministry of Sports, the position is different for federations, associations, bodies or sports groupings, where it can only monitor how State subsidies allocated to those structures are managed.
FEMAFOOT complains of a lack of ministerial funding
We remind you that the Malian Football Federation, as has always been the case, has received no subsidy, support or grants of any kind from the Ministry responsible for sport. FEMAFOOT's most significant resources consist solely of grants from FIFA and CAF, and are intended exclusively for operational needs and football development projects. These funds are subject to two audits commissioned by those bodies and carried out by independent international firms.
That is why this mission you wish to undertake at the Malian Football Federation falls neither within the traditional remit of the Sports Inspectorate, nor is it provided for by any law or regulation and, as a result, it has no legal basis.
FEMAFOOT relies on FIFA to "ensure that no third party interferes" in its affairs
Your move to audit FEMAFOOT has no legal basis and, what is more, runs counter to a "sacrosanct" FIFA principle that is enshrined in the statutes of every federation in the world, including ours in Article 3, which states: "FEMAFOOT shall remain independent and avoid all forms of undue political interference. FEMAFOOT shall manage its affairs independently and ensure that no third party interferes."
As with many federations in dispute with their national authorities, the argument of "political interference" is being used with FIFA's backing. One question remains, however: can FEMAFOOT override Malian law?
The Sports Minister presses on in line with a 2017 law
While the federation argues that this audit has "no legal basis" , the ministry relies on Law No. 2017-037 governing physical and sporting activities and its implementing decree (No. 2019-0758/P-RM) setting out how that law is to be applied.
"Article 134: Every national sports federation or sports club, as well as any individual or private legal entity providing training in the sporting field, is subject to oversight by the competent departments of the Ministry responsible for Sports."
The law states that the "minister responsible for Sports may appoint financial experts to audit national sports federations, leagues, clubs and sports associations that receive aid and subsidies from the State and local authorities."
43 documents were therefore requested from FEMAFOOT to justify various administrative and accounting activities. The federation called this an "impressive number" and, for its part, announced that its next General Assembly would be held on 28 February. The ministry responded with an official letter (also sent to CAF and FIFA) asking for the assembly to be postponed, particularly with the national team's World Cup qualifiers approaching.