Chuene claim dismissed

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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.

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ASA trio want Pius Langa to preside
23/11/2010 | Ramatsiyi Moholoa | 0 comments
THE case against three suspended Athletics SA board members took another turn yesterday when the trio suggested that former Chief Justice Pius Langa should preside over their disciplinary hearing.
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Suspended ASA president Leonard Chuene and deputies Kakata Maponyane and Simon Dlamini want the South African Sports Confederation and Olympic Committee to replace Advocate Norman Arendse with Langa.

The three argue that Arendse’s strong background in sports administration and the fact he worked closely with ASA interim administrator Ray Mali, who is a Sascoc board member, during his time as president of Cricket South Africa, would count against them. Arendse is the president of the South African Football Association in Western Cape. CSA and Safa are members of Sascoc, which is charging Chuene and company for their handling of the Caster Semenya gender tests and alleged financial mismanagement.

Meanwhile, Judge Moroa Tsoka yesterday dismissed an urgent interdict from the suspended ASA trio arguing that their disciplinary and arbitration hearings must run concurrently.

Lawyer Mncedisi Ndlovu of the firm Mncedisi Ndlovu and Sedumedi, who is acting on behalf of the trio, said: “We are going to ask Sascoc to consider paying our clients’ fees. We also want a neutral chairperson, somebody who is not involved in sports administration, so that our clients will get a fair hearing.”

On the dismissal of their case by Judge Tsoka, Ndlovu said: "What we were arguing is that Sascoc have no right to suspend an individual or federation.

“Our argument is that in terms of the Sascoc constitution, they should first institute an inquiry where there will also be recommendations.”

Tsoka only made his decision public yesterday, almost a month after Chuene and company approached the courts to force Sascoc to allow the arbitration case to go ahead before the disciplinary hearing.

While Sascoc is spending more than R1,5million on legal fees for the case, Chuene, Maponyane and Dlamini are digging deep into their pockets to clear their names.

Sascoc’s critics are unhappy that the Olympic body is reluctant to resolve problems affecting other federations like cricket, soccer, boxing and rugby.

It is accused of having a hidden agenda against Chuene, allegations that have been vehemently denied by Mali.