Court to hear transformation body request

during the South African Rugby team's training camp at Cape Town Stadium, Cape Town on 1 June 2015 ©Ryan Wilkisky/BackpagePix

during the South African Rugby team's training camp at Cape Town Stadium, Cape Town on 1 June 2015 ©Ryan Wilkisky/BackpagePix

Published Sep 5, 2015

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Johannesburg - Transformation in sport has had a long road to walk since 1994. But this walk cannot go on for ever.

In a mash-up of the title of Nelson Mandela’s autobiography, North Gauteng High Court Judge Ntendeya Mavundla implored sport administrators to accelerate the conversation around transformation - particularly in rugby.

He gave the Agency for a New Agenda, a political party, the green light to proceed with its court application for a commission to be appointed to investigate the issue.

The party launched an urgent application this week to prevent the Springboks from leaving for England to participate in the World Cup. It objected that only nine players in coach Heyneke Meyer’s squad of 31 are people of colour, and said the team is not representative of the country.

The party withdrew its application for an order preventing the Boks from leaving for the UK.

It had also asked the court to appoint a commission urgently to look into the issue of transformation in sport. The issue regarding the commission was not resolved and the parties were called back to court on Friday to discuss it.

The South African Rugby Union (Saru), represented by Etienne Labuschagne, SC, said the court was not empowered to appoint a commission. This was up to the president.

Transformation in sport, and in rugby in particular, is a matter of public interest.

Saru was an active participant in the process. By opposing the application, it did not want to stifle the progress. Progress might be affected if put on hold pending the appointment of a commission.

Advocate Matlhaba Manala, for the applicant, said transformation had to be ventilated by the court. “This debate is long overdue.”

McCaps Motimele, counsel for the Sports Ministry, said a number of parties had to take part in the debate. An urgent hearing was not the correct forum.

The parties are to file heads of argument by December. The application is to be heard next year.

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Saturday Star

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