Today the Pietermaritzburg High Court gave a final ruling on the urgent interdict that Comrades Marathon Association (CMA) members brought against KZNA. The origin of the urgent interdict was after KZNA attempted to institute an autocratic ‘locals only ruling’ less than 48 hours before a contentious Special AGM in August 2024. The SGM was called by CMA members after a series of scandals involving corruption, maladministration and racism at Comrades House which was further ignited by Zinhle Sokhela’s disgraceful ‘Vanillagate’ WhatsApp message.
READ MORE: Sign Up to the CMA Today or The Grim Racist could be your next Chairperson
The August SGM resulted in Sokhela resigning her position on the Comrades Board and members voted heavily in favour of her being banned from ever standing for the Board again.
Surprisingly Sokhela, who is not an athlete and has no involvement whatsoever in athletics (other than being a former CMA Board member), was seated next to KZNA President Steve Mkasi in the courtroom today. It is unclear what role or position she was serving but KZNA is becoming something of a rogue’s gallery with other discredited parties like Aleck Skhosana emerging from KZNA’s bureaucratic swamp and aligning themselves to Mkasi.
READ MORE: The Idiots Guide to the Domicilium Rule (also applicable to KZNA & interim CMA Board members)
Today’s hearing was overseen by the highly experienced and respected Judge Peter Olsen who confirmed rule nisi subject to the conclusion of the review hearing. This means that CMA members, regardless of domicile, are allowed to participate in CMA matters. The court date was previously delayed after KZNA failed to file their answering affidavit on time.
The review hearing is expected to be held in 12 to 18 months, should KZNA decide to oppose the matter. Judge Olsen also deferred judgement on whether KZNA has any authority over Comrades and whether a cost order will be charged to KZNA to the review hearing. He further chastised KZNA for making illogical and nonsensical arguments during today’s hearing.
READ MORE: KZNA Gets Another High Court Smackdown
Most independent parties view Mkasi and KZNA’s position as ‘unwinnable’ and at least one prominent stakeholder has implored Mkasi to drop the matter so as not to further squander KZNA funds which would be far better spent on development and grassroot activities. At the recent South African Championships held at the Peninsula Marathon in Cape Town, KZNA was able to send only one solitary female athlete in their team who had a rather unimpressive qualification time of 3h08.
At the Comrades AGM held in November 2024, CMA members made a definitive statement against meddling administrators when 87% of voting members voted in favour of making the KZNA and ASA Comrades Board seats non-voting. Mkasi has not attended a Comrades Board meeting since his powers were reduced. Prior to that, reports from within Comrades House were that Mkasi was “sending letters to himself (as he sits on both the Comrades and KZNA Boards)” and orchestrated an attempted coup to take control of the 104-year old race.
READ MORE: CMA 2024 AGM: Wrap Up
Conservative estimates are that KZNA has already spent R500,000 on legal costs. This excludes a probable costs order against them in the review hearing. The KZNA constitution requires that any expense over R200,000 is formally approved at a council meeting by the athletics clubs within KZNA’s jurisdiction. However, Mkasi and KZNA have not even put this on the agenda at council meetings despite requests to do so from various clubs. This appears to be a flagrant violation of KZNA’s own constitution and adds weight to the opinion that KZNA are operating as a law unto themselves.
READ MORE: Constitution Flouted: More Bad Debts on the Way for KZNA?
One of Mkasi’s core arguments has been that the KZNA (and Athletics South Africa) constitutions supersede those of the country. Fortunately, the South African High Court disagrees with this interpretation (as would most rational humans), with today’s ruling providing another blow in what is becoming a steady stream of legal smackdowns for KZNA.
READ MORE: Time for Mkasi to “Pay Back the Money” to KZNA?
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Hi Stuart
Thank you for an informative update.
As the running man and the first word under your title is humorous and knowing your focus is on road running. Was the grass route activities intentional? Asking for myself. Thought you may want to correct it, unless it was an intended pun.
Oh dear… So the circus continues with the athletes being the collateral damage!