Mdantsane's Swallows have escalated the matter of a 20-point docking in the Border Super League to SA Rugby, saying they want to exhaust all internal rugby processes before they possibly take the high court route.
The decision by Swallows comes after it was deemed their appeal was not concrete enough to overturn the Border Rugby Union’s disciplinary committee decision to dock them points three weeks ago.
Swallows had challenged the BRU disciplinary committee’s decision, which found them guilty of using ineligible utility back Ntabeni Dukisa in their league fixtures against Buffs (May 10), Police (May 24), Breakers (June 21) and Ncera Leopards (August 2).
The BRU committee found Dukisa had played in these matches while still registered with the Kabras in Kenya.
They said that after BRU approached the Saru legal department, it had emerged that Dukisa had two distinct footprint profiles, one in which he used his SA identity document, and the other where he registered with his passport number for international participation.
In his SA profile, it was shown that Dukisa played for Swallows in the Community Gold Cup, the last match being in September against a club in Kimberley.
In the international profile, it was indicated that Dukisa had played for the Kenyan Simbas in 2023 and there was evidence showing that SA Rugby had formally cleared Dukisa in 2022 to play in Kenya.
Further, it was said there was no evidence showing that Dukisa had been cleared by the Kenya Rugby Union to return and play in SA after representing Kenyan Simbas in 2023 and that no formal transfer by the Kenya Rugby Union and endorsement by Saru had been received.
This allegedly defied world rugby regulations governing player movement.
Last week, an appeals panel stood by the BRU disciplinary committee, saying Swallows had still not provided enough grounds to get themselves off the hook.
Swallows president Zuko Matyeshane said they had written to SA Rugby’s legal department for intervention, as they felt Border was not fair in docking the points.
“The fight is not over. We want to follow all the procedures that are internal by going to SA Rugby because the court will say that we have not finished our internal process.
“We are waiting to hear from their legal department because we have given them some time to respond. Ideally, we want a response before the Brutten competition next week.”
Matyeshana said their main issue in the Dukisa case was that there was no hearing after Ncera Leopards and Breakers filed their protests, and he believed Buffs handed in their protest two hours late.
Swallows are not within the top six spots, a requirement to participate in the Brutten and Eastern Cape Super 14 competitions, after the docking.
The result is that East London Police’s celebrations have once again been put on hold for their fourth league title.
Police were recipients of five points from Swallows’ docking, which, if reversed, would mean Young Leopards would be champions.
Daily Dispatch
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