The Comrades Marathon, a world famous road race, remains on a slippery path as a “local is lekker” resolution on membership being enforced by the sport’s governing body is challenged in court.
A group of members from the Comrades Marathon Association are opposed to the instruction from KZN Athletics, the local custodians of the sport, that only people from the province can serve as CMA members.
They brought an application to have the membership provision “dictated” by the KZNA interdicted and restrained.
The matter was on the Pietermaritzburg High Court’s unopposed roll last week and adjourned indefinitely.
Proceedings was expected to commence next year once the relevant parties file their submissions, which would then see the matter moved onto the opposed roll.
The legal tussle is likely to present more uphill for the CMA’s administration in 2025 and beyond.
The group calling themselves “The Members of the Comrades Marathon Association” are the applicants, with the CMA and the KZNA being the respondents in the matter.
Initially, the CMA were poised to challenge the application but have since made a U-turn and have lodged that they would be satisfied with whatever the court rules.
The KZNA are opposed to the action and claimed that the applicants erred in running to court to resolve issues when there were sporting structures in place to handle disputes internally.
KZNA president Steve Mkasi said: “The KZNA exercises authority over the CMA. It’s on that basis that the KZNA’s resolutions are binding on the CMA.”
In spite of the successful running of the 97th edition of the race in June that attracted nearly 19 000 runners, the event remained mired in controversy throughout the year with a slew of resignations, including key members from the CMA.
Racism, corruption and gate-keeping were some of the issues that emerged as the Achilles heel hampering the CMA.
A standout issue was when a CMA board member posted a racist message on a Comrades corporate governance WhatsApp group, claiming that race’s operations manager (ROM), Ann Ashworth, recruited too many “vanilla” people
The saga was dubbed “Vanilla Gate” as it gained traction on various media platforms.
Ashworth, the winner of the 2018 race was relieved of her duties in June, after she was appointed in November last year.
The membership rumblings surfaced when the CMA issued a media statement in August which gave notice to resolutions adopted by the KZNA at their executive meeting, a week earlier.
The resolution to prevent any CMA member residing outside KZN from participating in meetings, especially AGMs, and without voting rights, became the bone of contention.
KZNA also ordered that existing members who were from outside KZN and the country be retained as “volunteers” and able to attend AGMs, but with observer status.
The press release was circulated three days before CMA’s planned Special General Meeting (SGM).
The applicants first wrote to CMA asking for an urgent reply to their concerns.
When no response was received they launched their urgent court application to interdict the KZNA’s resolution from becoming effective, which was heard on August 14, until the matter was finalised.
Mark Leathers, a legal practitioner, deposed a supporting affidavit on behalf of the applicants.
With the statement made three days before the SGM, Leathers said another concern was whether their members from outside the province would be recognised at the meeting because they would have to incur travel, accommodation and other costs to attend.
However, Leathers said their angst was tempered to a degree because they were reliably informed that the CMA had approved all membership applications tabled at the time.
And, the then-president of the CMA Mnqondisi Ngcobo had written to the KZNA stating his objections to the resolutions and he asked them to reconsider their stance.
Leathers stated that there was nothing in the KZNA constitution stipulating that an associate member like the CMA had to furnish it with membership details.
Nor were associate members required to issue or purchase licences for its members to participate in athletics events.
“This is because members of an associate member (like the CMA) are not required to belong to or be affiliated to KZNA.
“Having carefully studied the KZNA constitution, I have been unable to identify any provision permitting the KZNA to dictate to the CMA about who it may accept as members nor any valid basis on which KZNA may interfere or influence CMA membership criteria,” read extracts from Leathers’ affidavit.
Leathers said the CMA’s existing criteria for membership already complied with KZNA and Athletics SA constitution.
He questioned how non-athlete marshall volunteers from the area, not affiliated to KZNA, could vote and participate freely in CMA meetings when outside KZN CMA members, who were being offered volunteer status, did not have the same right.
“KZNA has no authority to dictate to the CMA on its procedures, governance and membership,” said Leathers.
The interim order was granted and the affected members were not prevented from participating in the SGM.
The SGM lasted more than fours and some of the outcomes at the meeting was that the board member who triggered Vanilla Gate was barred for life from becoming a board member.
Another resolution was to amend the CMA constitution so that meetings could be held virtually and prevent members travelling to meetings.
It was agreed that a retired judge would lead an investigation into matters like vote buying and irregularities regarding the community marshall's portfolio, and a committee must be put together to look into the operations and appointment of a ROM.
Mkasi filed his full response last month and complained about having less than a day to respond to the urgent application.
He said the SGM was not on legally sound ground because it did not comply with notice regulations.
Makasi said the National Sport and Recreation Act made internal mechanisms and provisions for disputes to be resolved.
He said the rationale was that sport was dependent on sponsorships and private funding for survival.
“Resolving disputes internally would prevent warding off would-be sponsors and disinvestment from existing sponsors.”
Makasi emphasised that the CMA were obliged to adhere to the CMA resolutions.
He explained that localising CMA membership would ensure benefits flowed back into the province and denied many of the allegations made by the applicants.