The case involves an appeal by Khireddine Zetchi, Chairman of the Algerian Football Federation, against a decision by the FIFA Review Committee that declared him ineligible for a position on the FIFA Council under the Confederation of African Football (CAF). The FIFA Review Committee's decision, dated January 26, 2021, was based on Zetchi's alleged failure to disclose prior sanctions imposed by CAF and the Algerian Professional Football League (APFL) in his eligibility questionnaire. Zetchi argued that these sanctions did not violate FIFA's Code of Ethics and thus did not require disclosure. The sanctions included a 2018 CAF recommendation for exclusion from delegations due to his withdrawal from a competition and a 2016 APFL sanction for a media statement made as a club manager.
The Court of Arbitration for Sport (CAS) was tasked with evaluating the validity of the FIFA Review Committee's decision and whether Zetchi's disqualification was justified. The CAS panel, led by Sole Arbitrator Frans de Weger, ruled that a communication qualifies as a binding decision if it affects the legal situation of the addressee, is a unilateral act intended to produce legal effects, and demonstrates an intention to decide. The panel emphasized that candidates for high-ranking positions in sports organizations must demonstrate honesty and integrity, but allegations leading to disqualification must be substantiated and not based on speculation.
Zetchi filed his appeal with CAS on February 8, 2021, requesting an expedited procedure due to the upcoming CAF Congress on March 12, 2021. FIFA agreed to an expedited process but proposed a modified schedule. The hearing was initially set for March 5, 2021, with the operative part of the award to be issued by March 11, 2021. However, FIFA later argued that a hearing was unnecessary and the case could be decided based on written submissions.
The CAS panel ultimately ruled in favor of Zetchi, overturning the FIFA Review Committee's decision. The panel found that Zetchi was not obligated to disclose the APFL sanction, as it did not violate FIFA's Code of Ethics, and the CAF recommendation was never formally imposed as a sanction. The panel concluded that the FIFA Review Committee's decision lacked proper justification and was based on incorrect assumptions. The ruling reinforced the principle that eligibility decisions must be grounded in accurate assessments of disclosure obligations and that minor infractions should not disqualify candidates unless they violate specific ethical standards.
The case highlights the importance of procedural fairness, transparency, and proportionality in sports governance. The CAS decision underscored that while full disclosure is advisable to avoid misunderstandings, candidates should not be penalized for failing to disclose matters that do not meet the threshold of serious violations. The final award, issued on August 19, 2021, confirmed Zetchi's eligibility for the FIFA Council position and ordered FIFA to bear the arbitration costs and reimburse Zetchi for legal expenses. The outcome serves as a reminder of the need for clear and consistent application of eligibility criteria in sports organizations.