SA Rugby out to challenge Spears ruling
http://www.businessday.co.za/article...?ID=BD4A273305
THE row between SA Rugby and the Southern Spears Super 14 franchise will take another turn next Tuesday when SA Rugby goes to court to argue its case to appeal against a ruling by Judge Dennis Davis on August 4, that the Spears should play in the Super 14 for the next two years.
On the same day, Spears CEO Tony McKeever will apply for the court to grant an immediate order to ratify Judge Davis’s decision, to prevent SA Rugby from stalling the process by taking the case to the supreme court, should leave to appeal be denied.
McKeever will also submit a formal request to SA Rugby to pay a sum of R13,9m to the franchise to assist adequate preparation and development before the Super 14 starts.
This R13,9m will be comprised of R6,4m McKeever said was due to the franchise as part of SA Rugby’s commitment to assist them financially until December 2006 — SA Rugby have already given the Spears R5,6m.
McKeever is claiming another R7,5m as compensation for the franchise’s “unlawful exclusion” from this year’s Currie Cup series.
On August 4, Davis ruled in the high court that there was “a legal and binding agreement” between SA Rugby and the Spears that the franchise would be entrenched in the Super 14 in 2007 and 2008 — a decision made at SA Rugby’s June 8 presidents’ council meeting last year.
Despite the pending appeal, McKeever was confident the Spears would play in the Super 14 and said: “Privately, SA Rugby is aware it will not be granted leave to appeal Judge Davis’s decision.”
“If they go ahead with their plans to take the case to the supreme court — should they be denied the leave to appeal — it could drag on until November. We will oppose this by applying for a court order to ratify the August 4 ruling.”
McKeever also accused SA Rugby of implementing three strategies to “sabotage” the Spears’ participation in the competition. These were the “legal and above-board method” and two “behind-the-scenes tactics”.
These tactics were to aggressively pursue a course to persuade the executive members of the three unions making up the franchise to abandon the resolution, which states that the Spears will play in the Super 14.
Secondly, McKeever said, SA Rugby was attempting to acquire 50% of the shares in the franchise — a move which would give it decision-making power.
Commenting on his demand that SA Rugby pay the Spears R13,9m, McKeever said: “This money is vital for the development of the franchise ahead of the Super 14.
“We had a legal and binding agreement with SA Rugby that it would fund the Spears until December 2006.”
Asked if SA Rugby was aware of this significant financial demand, McKeever said: “They know about it. That is why they are employing tactics to sabotage the Spears. SA Rugby would not have been asked to pay this if they had procured sponsors as promised initially.”
McKeever said almost half of the R13,9m would be used for the talent identification programme they will undertake in the next two months to find and develop players for the Super 14.
SA Rugby’s manager of national teams, Andy Marinos, and Springbok coach Jake White met Super 14 coaches and CEOs yesterday to discuss the run-up to next year’s World Cup.
