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Court rules for SASCOC
- Updated: November 22, 2010
Johannesburg – South Gauteng High Court Judge Moroa Tsoka has dismissed former Athletics South Africa president Leonard Chuene’s application for interim relief against the suspension imposed on him a year ago by the South African Sports Confederation and Olympic Committee (SASCOC).
Chuene’s contention that ASA’s disciplinary hearing against the entire ASA Board of 2009, of which he was the president, was unlawful was also dismissed, as was his contention that SASCOC did not have the power and authority to appoint an interim ASA Board at the time of the suspension.
Judge Tsoka ruled that SASCOC, in suspending Chuene and the Board, had acted with the necessary authority and in the best interests of Athletics, the sport’s sponsors and the respective local and international sporting bodies.
The judgment said SASCOC had an obligation to Athletics to act and emphasized SASCOC had followed due process and that the alleged dispute, as raised by Chuene and his fellow applicants, was not arbitrable.
Judge Tsoka also found there to be no connection to the suspensions, imposed by SASCOC, and the disciplinary, which is being conducted by ASA.
Chuene, suspended former ASA vice president Kakata Maponyane and suspended former Board member Simon Dlamini challenged the authority of SASCOC and ASA through an urgent court interdict, but Judge Tsoka found that no case could be made by the Applicants’ for interim relief.
‘The application must fail,’ read the judgment.
Judge Tsoka endorsed SASCOC’s actions and the ASA disciplinary currently underway against Chuene, Dlamini and Maponyane.
The judgment confirmed SASCOC’s powers to suspend any member or individual who brings the sport into disrepute. The articles of the constitution made provision for SASCOC to prevent disputes and when they arose resolve them.
SASCOC CEO Tubby Reddy acknowledged the judgment and said it reinforced the integrity of the process and the manner in which SASCOC had acted throughout the matter.
‘We knew we had followed due process. We knew we had acted accordingly and we knew we had an obligation to Athletics and South African sport to act decisively against those who bring sport in this country into disrepute. The judgment is vindication of this,’ said Reddy.
ASA, following Delloite and Touche’s forensic of the sport during Chuene’s tenure, instituted disciplinary action against Chuene and his suspended Board. The bulk of the Board has subsequently resigned and because of this would not be subjected to the disciplinary.
Reddy said if any of the resigned Board members wanted to serve in Athletics or any code affiliated as a member of SASCOC they would be subject to a disciplinary.
Judge Tsoka also made the distinction that SASCOC had the authority to suspend Chuene and his Board members and that it was ASA who had instituted the disciplinary ÔÇô and not SASCOC.
‘It is an ASA matter, supported by SASCOC,’ said Reddy.
The disciplinary continued in Johannesburg on Monday, with Senior Counsel Norman Arendse presiding as the Commissioner.