A legal opinion on rudderless Boxing South Africa (BSA) that is expected in the next few days could, at worst, force a temporary shut-down of the professional game in the country.
This is the stark reality facing the regulator, which is trying to operate without a board in place.
Acting CEO Mandla Ntlanganiso on Saturday said he was expecting a legal opinion on whether the regulator’s sanctioning and rating committees could continue functioning.
Both committees had been appointed by the previous board, which completed its term on December 11. The new executive was blocked from taking office two days later because of a court order won in an urgent application by a group of disgruntled promoters.
Ntlanganiso announced at the beginning of the year that the two committees would continue because he didn’t have the power to designate new members. The Boxing Act states that committees can be established only by the board. “That was my view, but since then we were advised we need to get a legal opinion [on whether the committees can continue], so now we’re waiting for it,” he said, adding it was likely to be ready early in the week.
Ntlanganiso is positive that boxing will continue. “We cannot have a situation where there are no tournaments.”
But the Sunday Times has been told that, in law, the term of the committees would have ended automatically with the expiration of the board that had appointed them. If the looming legal opinion echoes this view it could lead to a shut-down of boxing until the impasse over the board is resolved.
We cannot have a situation where there are no tournaments
With no sanctioning committee, no tournaments can be approved. Even boxers wanting to fight abroad would not be able to obtain clearance letters from BSA, although they could seek licences from foreign boxing commissions.
It would also mean a drop in income for the struggling regulator which earns some revenue from issuing licence fees and sanctioning tournaments.
BSA employees were paid nearly 48 hours late last month because of the regulator’s dire financial situation, Ntlanganiso confirmed. “These guys [the previous board] left us with a deficit.”
He said the department of sport, arts and culture (DSAC) had assisted, stressing that salaries were secure until next month, the end of the financial year.
The previous board had paid purses for some government-backed tournaments where the sponsorships were paid late — even though there are no provisions in the Boxing Act for BSA to offer bridging finance to promoters.
Ntlanganiso said BSA had been reimbursed for the Rumble Africa Promotions tournament in East London in July.
But he said the body had yet to be refunded for the Xaba Promotions show at Orlando in August, which was sponsored by the Gauteng government. “We still need to recoup all monies.”
Xaba Promotions boss Ayanda Matiti did not respond to a WhatsApp sent yesterday asking when the payment was due.
Matiti is also the chair of the National Professional Boxing Promoters’ Association (NPBPA) that went to court objecting to the board appointed by sport minister Zizi Kodwa, alleging that they had not been consulted, which the Act requires.
This week the association sent a lawyer’s letter to President Cyril Ramaphosa accusing Kodwa of reneging on an undertaking given in court during the application.
According to the letter, Kodwa had agreed not to let the new board take office, but the executive did take office and appointed Ntlanganiso as acting CEO.
The NPBPA has also alleged that Ntlanganiso’s appointment was illegal.
The sport ministry hit back in a brief statement. “The minister states that these letters are without any substance, and that they are an attempt to direct the minister on whom he should appoint … The minister is doing everything in his power to ensure that the administration and governance of boxing is returned to normalcy.”
At the time of the court application, the state attorney’s office had sent a letter to the NPBPA lawyer assuring that the board would not take office until the matter had been heard. But DSAC’s acting director-general said Kodwa had been “incorrectly” represented by the state attorney.
The board was in office for a day before the court order was granted.
Fingers have been pointed at Kodwa and his legal team for failing to challenge the NPBPA application properly. They had plenty of ammunition to counter the association’s claims.
There is doubt about the standing of the NPBPA and there is a case to be made that Kodwa did indeed consult with the association.
Had that matter been contested, the sword of Damocles might not be hanging over the heads of boxers and everyone else trying to scrape together a living from the sport.
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