The three-month boardroom feud at the SA Sports Confederation and Olympic Committee (Sascoc) took a new twist on Wednesday when the organisation’s suspended president, Barry Hendricks, was cleared at arbitration.
Arbitrator Alec Freund SC dismissed the allegation by Ntambi Ravele, a Tennis SA (TSA) board member, that Hendricks and the tennis body’s president, Gavin Crookes, had conspired to block her nomination at the Sascoc elections.
He was unable to award any of the relief Ravele had asked for — to find that Hendricks and Crookes had acted unethically and unlawfully; that the handling of her nomination was irregular and that she be allowed a late entry; that Hendricks be disqualified from the election; and that he face disciplinary action at Sascoc.
The alleged conspiracy arose when, at a tennis function on February 1 and 2, Crookes asked Hendricks what he thought of the chances of TSA’s two potential candidates, Ravele and Riad Davids, for the Sascoc election.
Hendricks replied that he did not think they had a great chance.
Crookes, when asking the TSA board if it would support Ravele’s nomination to stand for the Sascoc presidency, conveyed Hendricks’ sentiment.
The TSA board rejected Ravele’s nomination, though it later supported Davids’ nomination to stand as an ordinary board member.
The Sascoc election had been scheduled for March 28, but was delayed by Covid-19.
Ravele complained to sport minister Nathi Mthethwa, who referred the matter to Sascoc.
Mthethwa also wrote to the International Olympic Committee (IOC) referring to Hendricks’ alleged unethical behaviour and asking it to intervene to force the elections.
The Sascoc board sought a legal opinion from an advocate who found Ravele had a case to take to arbitration.
The executive responded by putting Hendricks on leave, threatening to haul him before a disciplinary hearing.
But the arbitrator found Hendricks, apart from one “considerable” discrepancy where he gave two differing accounts of his meeting with Crookes, “to be an impressive and credible witness”.
“On my assessment of his evidence, in particular, I am unpersuaded that the conspiracy suspected by the claimant [Ravele] occurred.”
Addressing the role played by Crookes, Freund said: “I am not persuaded that, when he informed the TSA board that [Hendricks] was not supportive of [Ravele] or Davids, his expectation would have been that this — in and of itself — would be regarded by board members as a compelling reason for TSA not to nominate her.”
Crookes is awaiting the outcome of a separate probe into the matter set up by TSA.
“At the time of the ... alleged conspiracy, the first and second respondents hardly knew each other,” Freund said.
“The conspiracy was allegedly concluded at a public event, when they were near others and where there was a possibility of being overheard.
“What is more, it is common cause that [Crookes] made no secret, particularly from [Ravele] ... of what [Hendricks] had said to him.
“None of this suggests a conspiracy.”
Freund said Ravele had argued that Crookes had wanted to block her nomination in favour of Davids.
“I find this unpersuasive.
“It should be borne in mind that the second respondent solicited the views of the first respondent on both potential candidacies; received a negative opinion in respect of both of them; and conveyed that negative opinion both to the potential candidates and to the TSA board.”
The Sascoc board recently said it was prepared to go to court to nullify the arbitration.
The IOC has since intervened and appointed Sam Ramsamy to facilitate elections as soon as possible. — TimesLIVE
Hendricks cleared at arbitration but Sascoc battle may continue
Image: WESSEL OOSTHUIZEN/GALLO IMAGES
The three-month boardroom feud at the SA Sports Confederation and Olympic Committee (Sascoc) took a new twist on Wednesday when the organisation’s suspended president, Barry Hendricks, was cleared at arbitration.
Arbitrator Alec Freund SC dismissed the allegation by Ntambi Ravele, a Tennis SA (TSA) board member, that Hendricks and the tennis body’s president, Gavin Crookes, had conspired to block her nomination at the Sascoc elections.
He was unable to award any of the relief Ravele had asked for — to find that Hendricks and Crookes had acted unethically and unlawfully; that the handling of her nomination was irregular and that she be allowed a late entry; that Hendricks be disqualified from the election; and that he face disciplinary action at Sascoc.
The alleged conspiracy arose when, at a tennis function on February 1 and 2, Crookes asked Hendricks what he thought of the chances of TSA’s two potential candidates, Ravele and Riad Davids, for the Sascoc election.
Hendricks replied that he did not think they had a great chance.
Crookes, when asking the TSA board if it would support Ravele’s nomination to stand for the Sascoc presidency, conveyed Hendricks’ sentiment.
The TSA board rejected Ravele’s nomination, though it later supported Davids’ nomination to stand as an ordinary board member.
The Sascoc election had been scheduled for March 28, but was delayed by Covid-19.
Ravele complained to sport minister Nathi Mthethwa, who referred the matter to Sascoc.
Mthethwa also wrote to the International Olympic Committee (IOC) referring to Hendricks’ alleged unethical behaviour and asking it to intervene to force the elections.
The Sascoc board sought a legal opinion from an advocate who found Ravele had a case to take to arbitration.
The executive responded by putting Hendricks on leave, threatening to haul him before a disciplinary hearing.
But the arbitrator found Hendricks, apart from one “considerable” discrepancy where he gave two differing accounts of his meeting with Crookes, “to be an impressive and credible witness”.
“On my assessment of his evidence, in particular, I am unpersuaded that the conspiracy suspected by the claimant [Ravele] occurred.”
Addressing the role played by Crookes, Freund said: “I am not persuaded that, when he informed the TSA board that [Hendricks] was not supportive of [Ravele] or Davids, his expectation would have been that this — in and of itself — would be regarded by board members as a compelling reason for TSA not to nominate her.”
Crookes is awaiting the outcome of a separate probe into the matter set up by TSA.
“At the time of the ... alleged conspiracy, the first and second respondents hardly knew each other,” Freund said.
“The conspiracy was allegedly concluded at a public event, when they were near others and where there was a possibility of being overheard.
“What is more, it is common cause that [Crookes] made no secret, particularly from [Ravele] ... of what [Hendricks] had said to him.
“None of this suggests a conspiracy.”
Freund said Ravele had argued that Crookes had wanted to block her nomination in favour of Davids.
“I find this unpersuasive.
“It should be borne in mind that the second respondent solicited the views of the first respondent on both potential candidacies; received a negative opinion in respect of both of them; and conveyed that negative opinion both to the potential candidates and to the TSA board.”
The Sascoc board recently said it was prepared to go to court to nullify the arbitration.
The IOC has since intervened and appointed Sam Ramsamy to facilitate elections as soon as possible. — TimesLIVE
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