Judge slams Saru's club rugby decision

A Cape High Court judge has slammed the South African Rugby Union (Saru) for its "discriminatory and inappropriate approach" to selecting historically black teams for national club championships.

Judge James Yekiso was explaining why he set aside Saru's decision that the Eldoronians Rugby Club, owned by controversial South African rugby boss Brian van Rooyen, and the Eersterust Rugby Club would vie for the title of "Top Black Club for the North".

Earlier this year, the judge ordered that the Tirfu Raiders Rugby Club, which was ranked higher than Eldoronians in the Golden Lions premier club competition, be declared the "Top Black Club for the North" and, as such, be entitled to play in the SuperSport Club Championship in Cape Town.

Tirfu's legal action against Saru came after the union decided that Eldoronians play Eersterust for the "Top Black Club for the North" spot in August, more than a month before the end of the rugby season and not at the end of the season as in previous years.

"(This) decision was not rationally connected to the purpose sought to be achieved, being the identification of the top black rugby club to participate in the Supersport Club Championships," Yekiso said.

"And furthermore, the approach adopted by the management committee of Saru constitutes a discriminatory and inappropriate approach, and is thus unconstitutional or unlawful," he said.

In papers before the court, it emerged that the disputed decision was not in line with procedures adopted in historically white clubs, where top clubs were decided when the rugby season was over.

It also effectively allowed Eldoronians - which were situated seventh in the Golden Lions premier club competition at the end of the season - to be given preference over the higher ranked Tirfu club.

Correspondence before the court revealed that Golden Lions bosses had been rebuffed when they asked Saru for transparency in explaining how they had selected the historically black teams that would play in the national championships.

Saru official Cliffie Booysen wrote that it would be "inappropriate" to discuss the transparency of the process which led to the decision, which he said was taken "by the management committee in the interest of the game, especially the two additional teams".

Saru legal adviser Christoffel Ferreira also stated in papers before the court that the union had attempted to settle its legal dispute with Tirfu by offering the team the opportunity to play Eldoronians for a place in the national championship.

Judge Yekiso dismissed Saru's claims that Tirfu's application should be dismissed with costs because it had refused to accept a "proposal which is a fair and equitable way of resolving the problem and of appointing the strongest black club to represent the North".

The judge ruled that the offer was "still contrary to the established past practice and did not have the potential to determine and identify the top black team from the North.

"Tirfu did not accept the offer on the basis that it did not constitute an acceptable solution, and indeed a legally valid solution, to the problem that Saru had created," he said.

"In my view, the rejection of the offer was not unreasonable in light of the circumstances prevailing at that time."