Newly reinstated Border Rugby Union (BRU) acting president Asanda Simoyi says the union will return to the drawing board and ensure all future processes comply with its constitution.
This after the high court in KuGompo City set aside the authority of the newly elected executive through an interim interdict.
Simoyi welcomed Tuesday’s judgment, saying it vindicated concerns raised about the manner in which the August 2 annual general meeting and elections were conducted.
“It is really exciting to prove what we have been saying all along,” he said.
“We were clearly indicating that what was being done was unconstitutional.”
Simoyi said the focus would now be on preparing a lawful roadmap towards a possible election rerun, rather than arbitration.
“There is no arbitration now. We have to look at how we are going to elections and make sure that we have a proper roadmap.
“I will try to ensure that there is an executive meeting within the next three days.
“However, some members may not agree with that. We need to provide an update and a way forward.”
He said the BRU constitution allowed an executive meeting to be called within seven days.
“If members feel the matter is not urgent, then we will wait for seven days, sit down and discuss a way forward.”
Acting judge Thembelani Nkele on Tuesday granted an interim interdict against the newly elected BRU executive, preventing it from exercising certain powers pending the outcome of an urgent application challenging the legitimacy of the elections.
The application was brought by Komga United Rugby Club, Lovedale College Rugby Club and Simoyi, who want the election of president Theo Mvalo and his executive declared unlawful.
The applicants argued that the election process was tainted by several alleged constitutional breaches, including the cancellation of representative elections, nomination processes not being completed within prescribed timeframes and an allegedly invalid agenda.
Respondents, however, argued that the applicants had failed to demonstrate urgency and should have pursued arbitration under the BRU constitution.
Advocate Brandan Tarr, representing the respondents, also questioned delays between the August 2 elections, mediation facilitated by SA Rugby on August 12 and the launching of the court application.
He argued that the then newly elected executive remained lawfully in office until set aside by a court and could invoke the arbitration process.
The applicant’s counsel, advocate Sinethemba Vobi, argued that the AGM should never have proceeded after a July 31 notice postponing the meeting because of alleged constitutional noncompliance.
Vobi also warned that allowing the disputed executive to continue governing could prejudice the union.
In granting the interim order, Nkele described the matter as “a long and gruelling hearing” and said both counsel had presented convincing arguments.
Mvalo said on Wednesday that he and his legal team were still studying the judgment but welcomed Simoyi’s proposal for elections to be rerun.
“We have been saying that let’s have elections started all over again,” he said.
Mvalo said the proposal had also been raised during SA Rugby’s mediation but was rejected.
He said several members of the newly elected executive also formed part of the reinstated executive, meaning a return to the previous structure would not significantly change the leadership.
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