Judge ensures transformation in sport case goes ahead
THE BURNING issue of transformation in our national rugby team, and possibly other national sports as well, is expected to become the subject of a legal battle, with a high court judge commenting that after 21 years, transformation in our country is still moving at a snail’s pace.
The issue came under the spotlight after Bok coach Heyneke Meyer announced the Springbok team due to take part in the World Cup, which kicks off in England on September 18. The Springboks play their first game against Japan the following day.
Meyer included nine players of colour in his Bok squad – a move which aggrieved the little known political party Agency for New Agenda (ANA). It turned to court yesterday for an urgent order to prevent the Springboks from participating in the tournament, claiming the squad wasn’t transformed enough.
But after a rocky start in the morning, when party leader Edward Mokhoanatse represented himself in his legal battle, he later abandoned his application to prevent the Boks from leaving.
This was after the Pretoria Society of Advocates appointed an advocate to represent him free of charge.
The step followed after a request by Judge Moses Mavundla for the Bar Council to assist Mokhoanatse. “The nature of this application concerns transformation, which is a burning issue in our country,” the judge said. He added that the issues were too complex for a lay person to argue.
Counsel acting for the sports minister, advocate Christiaan Sevenster, asked that the matter be struck from the roll as it didn’t adhere to any of the court rules.
Judge Mavundla, however, said the technical aspects could be overlooked in this case. “This is a matter of national importance… The issue of transformation is highly sensitive,” he said. The judge commented that the wheels of transformation grind very slowly even in the judiciary.
He said there was a need for the people of this country to collectively move forward. “We need to move forward with determination… Matters of transformation have the potential of leading to people losing patience.”
The application stood down for several hours so that an advocate could be appointed to represent ANA. Armed with an advocate when the matter resumed in the afternoon, the judge remarked that the “playing field is now level”.
Advocate Matlhaba Manala, who then appeared for the ANA, said the issue of transformation in South African rugby was a constitutional one. “Whether there has been enough transformation is an issue that has to be approached fearlessly. It would not be appropriate to venture into solutions at this stage,” he said.
Manala said he was abandoning the application for an interdict to prevent the Boks from leaving for England, as the matter of transformation in national rugby could be canvassed at a later stage and not on an urgent basis.
The judge remarked that for the application to be brought at a later stage would give guidance “not only to this sport, but also as a general principle”.
The parties will approach the court before tomorrow afternoon with an order setting out the way forward.
This is a matter of national importance