In this article, Mourad Elajouti, the President of the Moroccan Lawyers Club, provides a legal analysis of the controversy surrounding the match between RS Berkane and Algeria's USM Alger. The issue arose last year when the Algerian team refused to face the Moroccan team, citing that the team's jerseys displayed a full map of Morocco, including the disputed Sahara province, which they considered a political symbol. As a result, RS Berkane was declared the winner of both matches.
Following this, USM Alger and the Algerian Football Federation (FAF) filed an appeal with the Court of Arbitration for Sport (CAS), seeking the annulment of the match results in the CAF Confederation Cup and the removal of the map from the Moroccan team’s jerseys. Today, the CAS issued its ruling, rejecting the appeal concerning the match results, but upheld the appeal by the Algerian Football Federation regarding the political symbol on the Moroccan team's jerseys.
Elajouti analysis:
1. Confirmation of Compliance with Sporting and Arbitration Rules
Through its decision, the Court of Arbitration for Sport (CAS) has definitively rejected the appeals filed by USM Alger and the Algerian Football Federation (FAF), thereby confirming the compliance of the actions taken by the Royal Moroccan Football Federation (FRMF) and RS Berkane with the applicable regulations. Under the principle of "res judicata" in arbitration matters, this decision is final and binding on all parties involved (CAS 2011/A/2384, where the principle of finality of arbitral decisions was reaffirmed).
The absence of sanctions against FRMF and RS Berkane implicitly acknowledges their strict adherence to the regulations of the Confederation of African Football (CAF) and FIFA. CAS, in its consistent jurisprudence, reiterates that disciplinary bodies cannot impose sanctions in the absence of proven violations of applicable regulations (CAS 2016/A/4490).
2. Recognition of Sporting Results and Compliance with Game Rules
The validation of the sporting result in favor of RS Berkane confirms that the victory was achieved under fair and regulatory conditions. In this regard, CAS has frequently emphasized that refereeing decisions made on the field benefit from a presumption of validity, except in cases of clear evidence of an irregularity affecting the fairness of the match (CAS 98/200).
By rejecting all challenges, CAS reaffirms the fundamental principle of competition stability, a key element of sports law, and prevents any post-match reassessment of game proceedings based on retrospective interpretations (CAS 2008/A/1545).
3. Regulatory Compliance of Equipment and Exclusive Responsibility of CAF
One of the issues raised concerned the approval of the jerseys worn by RS Berkane players. On this point, CAS ruled in favor of FRMF and RS Berkane, reiterating that the responsibility for equipment approval lies exclusively with the Confederation of African Football. This approach aligns with CAS jurisprudence, which has previously established in similar cases (CAS 2013/A/3139) that clubs and federations cannot be sanctioned for wearing equipment that has been pre-approved by the competition’s governing body.
The fact that CAS did not identify any irregularities regarding equipment confirms that FRMF and RS Berkane strictly adhered to the applicable validation procedures.
4. CAS Must Not Take a Position on Political Issues
In a well-known case (CAS 2018/A/5800), it was ruled that the Court must not be instrumentalized to resolve geopolitical or diplomatic disputes.
CAS also reaffirmed in CAS 2015/A/3910 that sporting decisions should not be influenced by political considerations and that the Court cannot be seized to contest situations arising from international tensions. Consequently, any attempt by USMA or FAF to invoke extra-sporting arguments could not succeed before the Court.
5. A Legal Victory Strengthening the Position of Moroccan Football
Through this decision, the Court of Arbitration for Sport reinforces Morocco’s standing within international sports bodies by confirming that its federal institutions and clubs comply with the regulatory standards imposed by FIFA and CAF. This recognition aligns with a consistent line of jurisprudence in which CAS ensures the integrity of competitions and guarantees that disciplinary and arbitration decisions are based on objective criteria rather than political or extra-sporting considerations (CAS 2009/A/1880).
Sports law thus rules in Morocco’s favor: RS Berkane’s victory is irrevocable, and the compliance of FRMF and the club’s actions is definitively established.
*President of the Club of Lawyers in Morocco
