An application by suspended Athletic SA (ASA) president Leonard Chuene for the an interim relief of his suspension was dismissed in the High Court in Johannesburg on Monday.
“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,” the SA Sports Confederation and Olympic Committee (Sascoc) said in a statement.
In his application Chuene said that Sascoc did not have the power and authority to appoint an interim ASA board at the time of the suspension.
Chuene’s lawyers, who did not believe Sascoc had the authority to suspend him, lodged an interdict to postpone disciplinary procedures until completion of the arbitration process challenging his suspension.
Judge MoroaTsoka ruled that Sascoc 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 by suspending Chuene and the board.
Tsoka said Sascoc had an obligation to athletics to act and had followed due process.
He also found there to be no connection to the suspensions, imposed by Sascoc, and the disciplinary, which is being conducted by ASA.
Tsoka said Sascoc had the authority to suspend Chuene and his board members and that it was ASA who had instituted the disciplinary, and not Sascoc.
“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,” said Sascoc CEO Tubby Reddy.
The organisation, he said, was vindicated by the judgment.