Cape Forum wants to go to the High Court to put a stop to Boland Rugby’s top competition due to bribery allegations

Cape Forum has decided to heed the request of disgruntled clubs by seeking legal advice on the possibility of putting a stop to the Boland Rugby Union’s Top 12 play-offs of its Groot Uitdaag cup competition. The draw for the play-offs was held in Wellington on Heritage Day this past Wednesday.

Heindrich Wyngaard, executive chairperson of Cape Forum, says the civil rights organisation has been approached by clubs who are unhappy that investigations into allegations of referee bribery have not yet been concluded. The bribery allegations relate to complaints that some referees are allegedly being offered payments by clubs – specifically in the Groot Uitdaag cup competition – to influence the outcome of matches.

“One of the clubs has repeatedly written to the Boland Rugby Union, as well as the president, Bennie van Rooi, throughout the season,” says Wyngaard. “They have been assured that the matters are being addressed and also, about a month ago, that the investigative panel appointed by the union into the bribery allegations will contact them. This has not happened yet.”

Cape Forum itself was previously approached by a law firm in the northern suburbs of Cape Town to be part of an investigation that the company would conduct on behalf of SA Rugby. “When we inquired about the status of matters this past week, our letter was answered by a representative of SA Rugby. In this letter, Cape Forum was informed that SA Rugby had appointed one of the country’s largest law firms, ENSafrica, ‘to conduct an independent investigation into allegations of match-fixing’.”

Wyngaard says this approach by SA Rugby is welcomed because Cape Forum was the first to write to Mr. Mark Alexander, president of SA Rugby, and found his response to be “lukewarm.” “We now have on paper an assurance from SA Rugby that the national governing body agrees with Cape Forum on ‘the serious nature of the allegations’ and has therefore appointed ENSafrica ‘to lead a thorough impartial process in accordance with the applicable legal and regulatory framework’.”

Cape Forum, however, agrees with the disgruntled clubs that you cannot allow the Top 12 playoffs to continue while investigations into alleged bribery continue and referees from the same Groot Uitdaag pool are appointed to officiate the matches.

“We have therefore decided to seek legal advice on the feasibility of a High Court application to obtain an interdict for the temporary postponement of the competition until the investigations are completed,” says Wyngaard. “If this does not happen, it means that clubs that may have been disadvantaged and therefore did not qualify for the Top 12 play-offs are the big losers.

“But we want to make it very clear that Cape Forum is not considering this option lightly because we do not want to deprive our communities of their rugby joy. We will therefore make a final decision after considering all factors. The fact is, however, that if there is evidence of match-fixing, it is a slap in the face to people who use their hard-earned money to pay gate fees and travel to follow their teams – only to then experience, as is alleged, that the outcome was predetermined by brown envelopes and ‘free’ hotel accommodation for referees.”

Cape Forum says it has also come to light that club chairmen’s support at a recent special meeting may have been improperly obtained for a “mandate” to Mr. Bennie van Rooi, Boland president, that the competition should continue and also that he would only have to communicate with clubs in future. “To obtain such a mandate from clubs, club managements had to be informed in advance about the issue to be voted on. They then delegate the chairmen or another club representative to vote at the meeting in accordance with the management’s decision in favour of or against the issue on the agenda,” says Wyngaard, who himself was previously chairperson of the Caledon Rugby Club and is familiar with Boland meeting processes.

He says: “Cape Forum was told that what happened at the meeting was that a brief discussion took place on whether the Top 12 competition should continue and also on the investigations into bribery. Barely a handful of the more than 200 club chairmen apparently participated in the discussion and others grumbled in private, but no vote was taken. Van Rooi interpreted the tense atmosphere as an indication that the clubs wanted the competition to continue. He announced it as such in the meeting. However, I know from my own experience of the culture of fear and victimisation to which clubs in Boland are subjected and that you would not easily get open dissent under those circumstances. The survival of clubs often depends on Boland’s goodwill.”

Van Rooi announced at a media conference afterwards that the clubs had given him a “massive mandate” to continue with the competition.

Cape Forum became involved in the issue because the organisation does development work in communities where the Boland clubs are located. The organisation has also made donations to the union and clubs on occasion. “People in those communities invest a lot of time and money in their beloved sport. They go to the field on Saturdays with the expectation that matches will be judged fairly by referees. When results are predetermined, they and their clubs are robbed of a fair outcome,” says Wyngaard.

Cape Forum believes that a competition cannot proceed with a dark cloud hanging over it.