KwaZulu Natal Athletics, under the presidency of Steve Mkasi, suffered another embarrassing legal defeat today at the Pietermaritzburg High Court after trying to get the urgent interdict allowing non-KZN residents to participate and vote in Comrades Marathon Association (CMA) matters dismissed. In what can be seen as a victory for the democratic process, Acting Justice Khuzwayo ruled in favour of the CMA Members which means that the urgent interdict remains in place and all CMA Members can participate at the forthcoming AGM due to be held on 30 November.
The case between the CMA and KZNA returned to the high court this morning. The CMA Members, represented by attorney Mark Leathers and advocate Cas Pretorious (both of whom are Comrades runners), had originally received an urgent interdict on 14 August to allow non-KZN residents to attend and vote at the Comrades SGM which was held on 15 August.
The CMA Members approached the High Court with the urgent interdict after an 11th hour decree was issued on 12 August by KZNA announcing that non-KZN CMA members were prohibited from speaking or voting at the CMA SGM. For over 40 years CMA membership and voting has not been restricted so the anti-democratic KZNA decree appeared to be a desperate attempt to manipulate the SGM and subsequent meetings’ voting process.
The SGM passed several resolutions including allowing online attendance and voting at future AGMs, a lifetime ban for Board member Zinhle Sokhela for posting racist WhatsApp messages and that an independent investigation would be conducted by a retired judge into vote rigging and corruption within the Community Marshals Portfolio which is headed by Board member Isaac Ngwenya.
The August judgement ruled in favour of the CMA Members against the CMA Board and KNZA with “all relief granted”. The CMA Board have subsequently withdrawn their opposition to the case and have agreed to accept the final ruling of the court (this essentially waives their right to appeal the final decision).
On the other hand, KZNA appears to be willing to throw more money at what most independent observers view as an unwinnable case. The exact rationale behind the KZNA machinations are unclear but their current actions could be viewed as an attempted coup and hostile takeover of the world’s largest and oldest ultra marathon.
Today the lawyers returned to the High Court for what was a holding date to finalise formalities, such which would have been substantially finalised had all parties abided by the timelines set out in the Rules of Court. However, KZNA only provided their answering affidavit some 30 days after it was due. This despite being sent three independent reminders that their response was required. The result was that the case was adjourned sine die which means that a new date will be set once both sides have filed their heads of argument. According to Leathers, “Despite the delay there is ‘no harm, no foul’ as the status quo remains with the interdict protecting all member’s rights fully remaining in effect.”
In what was seen as a surprise move, KZNA tried to get the case dismissed but Acting Justice Khuzwayo was ‘having none of it’. In doing so, KZNA incurred significant additional legal fees on counsel which would have been avoided had they simply accepted the adjournment instead of making an opportunistic argument. The legal bill to KZNA for their part in this matter to date is expected to be several hundred thousand rands.
Mkasi was however still upbeat despite the dressing down, “The interdict was already granted in August. It’s a legal process that was not initiated by neither CMA or KZNA. We don’t see it as a loss but a necessary process so that the issues are all ventilated openly in due course. So the interdict was not confirmed either meaning when the matter is ripe for hearing, either decision may result.”
In a related story, I am investigating credible evidence that Steve Mkasi, acting on behalf of his athletics club Phuma AC, still owes KZNA approximately R400,000 after taking KZNA to court and losing on multiple occasions (before he became President of KZNA).
KZNA recently announced their own SGM to be held on Saturday 26 October. The agenda items on the SGM add weight to the perception that KZNA are plotting a Comrades coup. Comrades is currently listed as a “Special Member” within the KZNA constitution and the KZNA SGM seeks to change the constitution for “Special Members” such that, “A special member shall not be required to purchase licenses but must be entitled to recruit its membership from licensed athletes registered or affiliated to clubs falling within the boundaries of the province Of KwaZulu-Natal.”
Another resolution on the agenda would force KZNA members into arbitration to prevent members from taking the body to court. In their answering affidavit to the High Court judgement, Mkasi argued that the CMA Members should have followed the arbitration process outlined in the KZNA constitution. However, this would have required the CMA Members to approach the Sport Dispute Resolution Forum of the KwaZulu Natal Provincial Government – a body which does not appear to exist.
Mkasi acknowledged this and pointed to the KZNA SGM agenda which aims to amend the clause such that the phantom body is replaced by the Arbitration Foundation of Southern Africa (AFSA), “Remember one of the very points suggested for amendments was the very clause 30 you are referring to, all of us agree that such a body does not exist, therefore, that provision should be amended. So that it is brought in line with the ASA Constitution. (It seems as though this clause was imported from one ASA Province at the time the Constitution was drafted or such a body existed in the past, I can’t tell you were the clause came from)”
KZNA’s desire to settle disputes via arbitration has immediately been put to the test but their hypocritical position has been horribly exposed. Several clubs have disputed the validity of the SGM. The KZNA constitution stipulates that the request for a SGM must be ‘signed’. However, the SGM appears to have been called via a casual WhatsApp chat initiated by Mkasi. This is just one of several constitutional breaches made by the KZNA SGM.
KZNA has yet to provide any intelligible response to the clubs who’ve pointed out that the SGM has not been legally called and has only stated that they will be forging ahead with the SGM. It seems likely that another urgent High Court interdict is on the cards and that KZNA will waste more of their athletes’ funds on needless legal fees.
In a late development, Mkasi said that the KZNA Board were meeting this evening and the SGM was “one of the points under discussion.”
Appendix
Below is KZNA’s Answering Affidavit and Mark Leathers’ Replying Affidavit. It is also understood that Leathers will be taking legal action against defamatory statements made by Mkasi in his Answering Affidavit.
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Thank you Mark Leathers for fighting for the Comrades Marathon that it can continue in the same way and with the traditions forged over many decades.
We surely don’t need KZN Athletics to try and capture the CMA with dubious reasons and intent.
The CMA Centenary event is just a few year’s away and let’s stick to the CMA traditions and culture.
What a disgrace Mkasi!Another Power hungry amateur!Every flipping sport in this country,is ravaged by your type!How dare you try and interfere with a great SA tradition!Shame on you!!
A truly excellent piece of investigative journalism Running Mann.
And a huge thankyou to Mark Leathers, for taking up your valuable time and resources to deal with this matter.
And the gentleman claiming to have qualifications that do not stand up to scrutiny? All you will see is a rapidly fading vapor trail, as the judge throws him out of his court.
Mkasi is discrediting himself with his senseless accusations and law suits.
Power crazy, nothing else