Mind Sports SA takes on SRSA

Press Release

After the 2007 Indigenous Games held in the Eastern Cape, the South African Department of Sports and Recreation (SRSA) made it clear that it would send a team comprising of the different Indigenous Games to the 4th Traditional Games and Festival to be held in Busan, South Korea.

While the motives seem to be above reproach, the national federation for Morabaraba (Mind Sports South Africa) immediately dissented from the SRSA’s position.

Mind Sports South Africa immediately drew the SRSA’s attention to the Sport and Recreation Act that stated that the Minister may not interfere in the selection of teams.

It is Mind Sports South Africa’s position that indeed the Minister is in fact interfering in the selection of the team as;

1. The SRSA did not even consult in regard to the selection with Mind Sports South Africa and just selected a team from a group of individuals who are not even affiliated to Mind Sports South Africa, and
2. The SRSA then further compounded the error by appointing officials of the Gauteng provincial department of Arts, Sports and Recreation as officials of such team.

Mind Sports South Africa then tried to negotiate a compromise situation. At all the meetings that the MSSA held with the SRSA, the MSSA was continually stonewalled by the SRSA.

Angry and frustrated, the MSSA even appealed to, and met with, the hon. Dr. Matthews Phosa for advice.

However, even after serving papers in the Minister, and his fellow respondents, on the 4th of July 2008, the Minister ignored various possible alternatives and opted to litigate.

It appears that the Minister refuses to recognize the correct legal position and insists on usurping the authority of other role players in South African sport.

The deadline of the 4th of August 2008 came and went, and still no word from the SRSA or the Minister.

Exasperated at having tried all avenues with the Minister and the SRSA to reach a settlement to only be greeted by a deafening silence, Mind Sports South Africa dragged themselves to court on Friday, 15 August 2008 to obtain a case number and serve summons on the Minister and twelve other respondents.

The High Court case number is 38760/08.

You may be interested to note that according to unconfirmed reports, it is the first time in 5 years that a legal notice has been served on the Minister for Sport and Recreation.