Johannesburg – Athletics SA (ASA) president James Evans insists he is still at the helm of the embattled federation following his impeachment on Saturday.
In an email addressed to ASA vice-president Hendrick Ramaala, Evans disputed that he was no longer president of the athletics body.
Evans said he had received official correspondence from ASA only two days after he was impeached.
“In it (correspondence) you indicate that a motion of impeachment was passed at the meeting,” Evans said in the email.
His impeachment followed accusations that Evans made payments to himself from ASA's coffers, entered into various agreements and settlements with ASA staff without the board's knowledge, and instructed the chief financial officer to make payments without the board's authority.
Evans said Ramaala made no other comments about the outcome of last week's special general meeting (SGM) in Johannesburg, where Evans was impeached in his absence.
“You then follow it up to say that I have no right to perform any tasks on behalf of ASA with immediate effect. This makes no sense,” Evans stated.
He further disputed Ramaala's understanding of 'impeachment'.
“You seem to not understand the law. An impeachment means to bring a charge or accusation against someone.
“So, you passed a motion to accuse or charge me, for which you now clearly comply with clause 19.
“I await with anticipation the charge sheet, the date, time and venue of the hearing and who will hear the matter. Alternatively, you may wish to now act in terms of clause 17.”
However, Ramaala said on Wednesday the proper processes provided in the ASA constitution were followed in removing Evans from office. He referred to clauses 17 and 19 of the constitution.
Clause 17 reads: “Notwithstanding anything contained elsewhere in these articles the members may by an ordinary resolution passed at a special general meeting remove from office any person.” According to clause 19, if impeachment proceedings are deemed necessary, then the provisions of clause 17 should be invoked.
However, a motion of impeachment must be supported in writing by no less than four members of the board or seven of the provincial members.
Ramaala said he had received a document from Evans' lawyers declaring a dispute with the constitutionality of the SGM, and they requested that the dispute be referred to arbitration.
“He wants arbitration and we say it is fine, according to section 31. We have responded to his letter,” Ramaala said.
According to clause 31 of the ASA constitution, “all disputes between members, or between a member and ASA... however arising, shall be referred to arbitration for determination within 90 days of the date upon which the disputed decision was made”. – Sapa