Great news for the running community is that popular East London runner, Mkhululi Jack, has been fully exonerated in his disciplinary hearing appeal decision. On the other hand, Border Athletics (BORA) were severely chastised and came in for scathing criticism from Selby Thabethe who chaired the Disciplinary Committee on behalf of Athletics South Africa (ASA).
The nine page document, which is available below, finds fault with every aspect of BORA’s approach, states that they acted in “bad faith”, broke almost every procedural and governance principal, were “defective” in every argument and action, made a critical constitutional breach, lacked substantial fairness and inferred that they had applied the “no earphones” rules incorrectly and inconsistently when compared with every other athletics province.
A Breakdown of BORA Abuse
According to the finding, Border Athletics had already dealt with the matter on 31 March 2026 when it issued Jack with a written warning over comments made on Facebook. The appeal chair ruled that once this sanction was imposed, the matter was effectively concluded and could not simply be reopened and Jack punished a second time.
The ruling is highly critical of a second hearing held on 16 May 2026. It states that Jack was told the meeting was to “discuss and investigate” the matter, rather than being clearly informed that it was a disciplinary hearing where a lengthy suspension could be imposed. The decision further notes that Jack requested details of the charges and evidence against him, as well as requesting a postponement due to Comrades Marathon preparation commitments. However, BORA failed to respond to those requests before proceeding in his absence.
The appeal finding identifies several procedural defects, including vague charges, inadequate notice, denial of a meaningful opportunity to be heard and the absence of a properly reasoned outcome explaining why Jack’s Facebook comments constituted “gross misconduct”.
On the substance of the case, the ruling describes the escalation from a written warning in March to a six-month suspension in May as irrational because no new misconduct had occurred during that period. It also finds that BORA effectively punished Jack twice for the same conduct, invoking the principle against double jeopardy.
The dispute originated from comments Jack made after repeated disqualifications related to the use of a Bluetooth speaker during races. This only occurs in race within the BORA region and Jack is not disqualified in other provinces. The appeal decision notes Jack’s argument that ASA Rule 33.10.6 prohibits headphones for safety reasons rather than external speakers and that inconsistent enforcement between provinces formed the basis of his grievance.
The ruling goes as far as suggesting that the timing of the suspension, which ran from 1 June to 31 December 2026 and would have excluded Jack from Comrades Marathon* participation, raises questions about whether the decision was motivated by an attempt to silence criticism rather than address misconduct. The document describes this as a possible indication of pre-determination or abuse of power.
* The Comrades Marathon Association were made aware of the situation and Jack’s victimisation and thankfully allowed him to run regardless. Jack was able to finish his 9th Comrades Marathon in 9:47:24.
In its conclusion, the appeal decision states that the 20 May 2026 suspension be declared invalid, that the original written warning issued on 31 March 2026 remain the final sanction, that Jack be reinstated and allowed to participate in all ASA-sanctioned events and that BORA bear the costs of the appeal. The ruling’s final recommendation is unequivocal: “Mr. Jack should be immediately reinstated.”
Mamparas in Charge
This is another example of gross overreach and idiotic decision making from administrators who do not understand their own rules, incorrectly apply them and then get upset when an athlete vents frustration on social media about being illegally disqualified and victimised. This is another blunder that is going to cost a federation thousands of rands that could have been better spent on athletics development.
I sent a set of questions to BORA asking whether Jack can expect a personal apology and whether the damaging decision from a completely preventable situation will result in any resignations. I received a simple, “No comment my brother” response from BORA president Sicelo Pongoma.
A Legal Threat to Speed Things Up
After a trumped-up hearing where he was not present, Jack was suspended on 20 May 2026 for six months with the suspension running from 1 June to 31 December 2026.
After writing this article on the 28th of May, Jack was able to get pro bono legal representation from the well-known Mtshabe Twins from the Cheetahs Athletics Club. They quickly set to work to get an appeal hearing so that the suspension could be overturned.
READ MORE: Silence Please: Relentless Louw blows never let Mkhululi Jack off
However, they were stonewalled until Ntsikane Mtshabe issued the following legal threat to ASA and BORA:
“Good day All
Taking into account that ASA is not coming forward with the appeal results, and realizing that BORA has issued a circular, unconstitutionally barring and preventing Mr Jack from exercising his rights to participate in the sport of his choice, we have reluctantly elected to ask the court to determine the future of Mr Jack in athletics.
Please be advised that we have taken this uncomfortable route reluctantly, and we have spoken several times and sent emails to ASA to have the appeal finalized, but it looks like ASA lacks the resources to finalize the matter; hence the court must assist when all internal remedies cannot adjudicate their affairs.
We have set the matter for 1st September 2026, and we have not allocated the case number; this we shall do tomorrow morning as per our previous letter to yourselves.
We hope all is in order and that ASA can save the costs of the athletes by avoiding unnecessary legal action in the interest of sport.
Truly speaking it is not necessary to approach the court, but what can one do? We sent the appeal around June 2026; even courts do not delay matters to this extent at all.
We asked that the appeal be heard before the 15th August 2026, and even here ASA ignored our approach to sanity. We conclude that ASA is not willing to handle its affairs without courts being part of the game.
Please note that this matter can still be resolved today, 25th August 2026, unless the contrary proves otherwise.”
There are only two things that get any movement from athletics administrators these days – the promise of a free buffet dinner and the threat of legal action. The matter was finalised six days later.
Jack is Back on the Border Roads this Sunday
Jack confirmed that he will be running the Border Masters Marathon this Sunday driving a sub 3h40 bus. He also confirmed that he’ll be bringing the vibes and his backpack speaker as well. If BORA officials continue to disqualify and victimise Jack that may result in further expensive legal action.
The following weekend you will find him pacing the 4h30 bus at the Barberton Makhonjwa Mountain Marathon in Mpumalanga and then he’s back in the Border for Great Kei Marathon (sub 4h00 bus). In October he is planning to travel to Cape Town for the new Nelson Mandela Marathon and will be at Mthatha’s Cheetahs Marathon in November.
When asked about the decision, Jack spoke of his disappointment for the way he has been treated, “To be honest, I am happy to return to official racing but still sad about the damage caused by that decision. BORA is known and famous for ill-treating people. For me, even though vindicated, I still do not understand what I did for BORA’s name to be dragged into this. BORA and ASA brands are big brands, they need all of us to protect and develop.”
He philosophically concluded, “At a personal level and as an athlete, I have no score to settle with BORA’s Board, I have nothing against them and I have nothing bad to say about them, they know what they did and why they did it – all the best for them in the future.”
Jack also thanked the Mtshabe Twins for their superb support and legal work, “The letter says BORA must pay the costs. The twins will deal with that aspect. Mna ndifuna ubaleka, ndibuyele ebantwini and do what I love, RUNNING!”
Follow Running Mann:
MJ is one humble soul and an asset to the running community. Even under this dark cloud, he continued to show up for runners.
We bombarded his whatsapp with requests for the Masters route review and he took his time because he wanted to give us the best and he did.
Thanks to you and bhuti Ntsika and Ntsikane.
It is time to start researching how other countries such as Kenya manage to participate in running without the compulsory affiliation to Athletics Federations.
A victory for common sense. (Although common sense is not that common anymore)
Happy to hear the outcome of this! It was unnecessary from the start, thank you to the twins for fighting this one, and thank you Stuart for also shining the light on this situation. Nice one MJ, hopefully I’ll be joining your bus this coming weekend.
Why was he disqualified at the Buffs Marathon?
For having a speaker on his back.