Constitution Flouted: More Bad Debts on the Way for KZNA?

KZNA’s decision to oppose the High Court interdict securing all CMA members’ participation rights regardless of domicile is likely to cost the organisation around R500,000. The Comrades Marathon Association (CMA), on advice from their internal and external legal counsel, have already withdrawn their opposition unconditionally. In various media interviews, KZNA President Steve Mkasi has yet to provide a coherent reason for their opposition to the democratic process that has been followed at the CMA for 43 years without previous issue.

The Comrades Marathon was formerly hosted and organised by Collegians Harriers, a club currently affiliated with KZNA. However, the CMA was formed in 1981 as a separate and independent body, subsequently registered as a Non-Profit Company (NPC). This protects the independence of the event and organisation thereof. In addition, there is legal precedent for the independence of the CMA from Athletics South Africa (ASA) following the Alexandra Morozova versus Comrades Marathon Association case (#11447/22) in 2022. Most legal experts view KZNA’s opposition to the current court case as being a ‘no hoper’ and a ‘complete waste of money’.

Mkasi recently had to backtrack on a KZNA Special General Meeting he called after further legal action was threatened by KZNA clubs because Mkasi flagrantly ignored the KZNA constitution. He had called for the SGM using WhatsApp ‘bounce around’ messages whereas the constitution requires formal signatures. Conveniently ignoring certain rules whilst fixating on the minutia and making ‘extremely creative interpretations’ of others seems to be a pattern.

Clause 14.2.31 of the KZNA constitution clearly states that any expenses above R200,000 need to first be approved by Council (which is a quorum of the running clubs registered in KZNA). The moment that KZNA opposed the High Court motion, Mkasi (himself a former attorney) knew that this would definitely exceed the R200k limit but has still not brought the matter before Council for approval. At a Council meeting on Saturday 26 October, Mkasi was questioned on the legal costs and quoted that a figure of R196,000 had already been spent (which is suspiciously close to the R200k threshold).

READ MORE: The Idiots Guide to the Domicilium Rule (also applicable to KZNA & interim CMA Board members)

According to those who attended the Council meeting, Mkasi spent hours and hours ‘pontificating and waffling’. By the time members could vote on the first item on the agenda it was 8 hours after the meeting had started and most club representatives had left (which seems to be a deliberate tactic to use time wasting and attrition to diminish the number of voting members). The meeting started with 133 clubs represented but many hours later, long after the ‘silver cutoff’, when voting finally started, only 39 voting members were left. This meant that there was no longer a quorum but the objections of members were ignored and voting proceeded anyway.

After a number of routine matters were voted on, the first contentious item was brought to the table via Mr V Msimango from Richards Bay Minerals AC* (a small club with just 15 Comrades runners in 2024). He proposed that “any club/s or any athlete or club administrator or technical officer that decides to take legal action or have pending court cases against the association, summarily suspend itself/themselves from all activities, until such time that the court case has been withdrawn or concluded.”

* It is also noteworthy that Richard Bay Minerals AC have been granted a marathon for the first time on the already heavily congested KZNA 2025 fixture list.

Despite attempts to control the narrative, the vote went against Mkasi and the KZNA executive’s wishes and was voted down 27 against, 12 for and no abstentions. This caused some consternation amongst Mkasi and his cronies who suddenly started looking for excuses to immediately close the meeting and prevent voting on the remaining items (as it was now apparent that these would not go their way either).

Still to be voted on were agenda items 11.3 and 11.4, the details of which are listed below.

11.3 was proposed by Mr S Ngcobo from Umhlathuze AC in Empangeni who, like their neighbours from Richards Bay Minerals, seem supportive of the KZNA court action, “We hereby propose that the KZNA Executive Board continue to pursue and defend the rights of KZNA in the on-going course (sic) case and report to council once the matter has been resolved.

We further propose that the members of CMA who took KZNA to the court be suspended from KZNA activities while pending the outcome of investigation for their conduct for bringing the sport into disrepute not withstanding the alternative dispute resolution of athletics matters as contained in our Constitution, the Constitution of ASA, the Constitution of World Athletics and section13 (sic) of the Sport and recreation (sic) Act 110 of 1998.”

The current constitution of KZNA insists that arbitration be done by the Sport Dispute Resolution Forum of the KwaZulu Natal Provincial Government, a body which is acknowledged by KZNA not to exist.

It should also be noted that I queried with Umhlathuze AC (UAC) whether Mr S Ngcobo’s view was representative of the club or was done in his personal capacity. The reply I received stated, “Although Mr Ngcobo represents the club at council level, this view is independent as it was not mandated by the UAC Committee.”

11.4 was proposed by Howick AC and takes the opposite view of 11.3. Under the heading, “Recent CMA domicile and Court case debacle” the motion reads, “Chairman to advise how this came about, and how it was decided to spend our good money on court cases that are not necessary.

Motion: Members to direct on the way forward on whether court opposition be continued and or withdrawn.”

This is what happened next. From an eyewitness, “When we were about to vote on 11.3, Khura Buthelezi [KZNA Track & Field Chairperson] and Dr Simon Dlamini [KZNA Board member who was previously banned from all sports activities for 3 years after being found guilty of poor corporate governance, misappropriation of funds and tax evasion] stood up and told Council that we should not vote on this motion. According to their ‘logic’, if this motion was defeated, it would mean that KZNA was admitting that the CMA is independent and that KZNA has no say with regards to the affairs of the CMA. Members present, about 40 voting delegates at the time, were having none of it. When it appeared that the matter was going to be voted on, one member stood up and proposed adjournment citing lateness of the hour (especially for members who came from far flung areas such as Paulpietersburg).”

Had the remaining votes gone ahead, it would likely have saved KZNA several hundreds of thousands of rands in needless court fees. If one had to put a positive spin on the 8-hour ordeal that was this KZNA council meeting, it’s good to know that Mkasi does occasionally have the good sense to know when to quit. It’s just a pity he can’t have a moment of lucidity when it comes to unwinnable High Court cases.

A previous article noted that Mkasi, after a costs order against his Phuma Athletics Club, has owed KZNA R386,000 since 2015. It seems that the bad debts on KZNA’s books are only going to increase under Mkasi’s presidency. Unfortunately, as always, it is ultimately the athletes who will lose out. Perhaps it is time that athletics administrators provide surety in their personal capacity for the frivolous and vexatious expenses that they incur. If this were the case, I expect we’d see far fewer court cases and far more sensible decisions being made. I am also sure that KZNA club representatives would appreciate shorter council meetings.

READ MORE: Time for Mkasi to “Pay Back the Money” to KZNA?

Header photo courtesy of Comrades Marathon Association

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