Southern Kings could be fined ZAR1m for breach,,,

The South African Rugby Union (SARU) have confirmed that they have established an investigation into a suspected breach of SARU's Super Rugby participation agreement by the Southern Kings.

The Southern Kings had three foreign players in the team that lost to the Chiefs in Port Elizabeth which is one more than SARU's maximum of two players per franchise.

SARU do not see players who were born in Africa as foreign so Namibian prop Jaco Engels and Kenyan utility forward Daniel Adongo are not treated as foreigners.

SARU have released a statement explaining that, "Jurie Roux, CEO of SARU, contacted Cheeky Watson, the chairman of the Kings board, on Tuesday to advise him of the inquiry and also to caution him against any potential breaches."

"The matter was discussed by an emergency teleconference of the Executive Council (Exco) of SARU on Tuesday. "

"The Exco, in accordance with the SARU Disciplinary and Judicial Regulations, decided to appoint a judicial sub-committee to investigate the allegation."

"In the event of a breach being proved there is a wide range of sanctions available, starting from a caution to a maximum fine of R1m or a recommendation to the General Council to suspend or expel the offending organisation. "

SARU turned down a request by the Southern Kings to be permitted 5 foreign players in their Super Rugby squad in January and they said they would comply.

Following's SARU's statement Watson confirmed that he had been contacted by SARU in connection with the issue of foreign players and said that there is a "difference of opinion relating to the definition of foreign players".

"I have received a call from SA Rugby, and while there is a difference of opinion relating to the definition of foreign players, it is my duty to submit to the guidance of the governing body of SARU," said Watson.

Elaborating on the issue of the definition of foreign players, Watson said, "In the process leading up to the signing of foreign players last year, we were led to believe and even encouraged to sign Argentinean players - who currently participate in the Vodacom Cup as Pampas - with the understanding that they would not be considered as foreign players, in the same way as Daniel Adongo, who is from Kenya, is not considered a foreign player."

"That being said, the sanctions which are being considered against the Southern Kings, as per the statement issued by SARU, have been clearly conveyed to me," he said.

Watson said that in light of this, the decision has been made to submit to SARU's guidance on the matter.

"I am on record as having clearly stated that our treatment and entrance into Super Rugby, and the entire process to date, has disadvantaged us tremendously," said Watson.

"However, no-one can dispute the fact that we are the first of the Super Rugby franchises added to the competition to have won our first game. We have also had a record of over 100,000 spectators through the gates of Nelson Mandela Bay stadium in our first three home games," he said.

"We have proven in the last three games that we have played, by the attendance and the support of the spectators that we will fight and we will show our true colours as our emblem emblazons, the spear and the shield," he said.

"As Winston Churchill once said "We shall never surrender.""

I do have some sympathy for the Kings in this regard, burt I am afraid a franchise cannot subvert the rules and regulations of the mother body.   If that happens other franchises can also recruit foreign players at will and it could create chaos.  The SA judicial system is based on Roman Dutch Law and is a very advanced system with certain rights and privileges and another issue relates to precedence - a very important element   Thus for example a ruling by the Cape High Court will be recognised countrywide as a ruling unless the Appeals Court and ultimately the Constirtional Court rules otherwise.

What is meant by all this is that if the Kings franchise do something like not obeying SARU rulings - it could have a countrywide impact and the other franchises could jump in and do the same.   They would even be on the right side of the legal estbalishment to do just that.   Under the circumstances there is no way that SARU can allow the Kings to continue without taking legal steps to correct the issue.  

Is that some kind of binary system you work on not so clevermike ? We should blame the education system perhaps and hang a few teachers.

What do you mean by "binary"?    In any event there is a serious problem in education at Government schools in SA.   Other than at a small minority of schools - where the parents played a major role in maintenance of standards - quality education in SA is only provided at what is called private schools.     The teachers are substantially lazy and useless and in many cases themselves not properly prepared for classroom work - they themselves don't know what they are teaching pupils - just read from text books without understanding it themselves.

The Government is now at a crossroads on the issue.   The Unions - largely responsible for the farce since they protect incompetence is now taking action by declaring education a service where strikes will not be allowed, by re-introducing a computerised system to ensure proper attendance and my re-introducing a system of inspectors to inspect whethe teachers are in fact doing their work properly.   The attendace system is crucial - since in many cases teachers just don't turn up for work or come in hours late and leave hours early.    The Unions are up in arms about the said changes - and there may be battles ahead on this issue.

It reminds me of something that happened years ago when I was working in an education department.  I was asked the following - since I was in charge of HR at the time:-

"There are out of 12 000 teachers about 200 to 300 really bad teachers - what are you going to do about it?"

My answer was precise and clear -  "Nothing" and the HOD was very worried about that response.

18 months later all the bad eggs were gone from the Department.   I merely used the old adage - give a rogue enough rope and he will hang himself.   They were all terminated as a result of resignation or a gentle talk by me to the effect that they better leave before they get kicked out. 

I did'nt realise you were a teacher not so clever mike given yr atrocious spelling at times. .

Can you not read English - I was an HR specialist - not a teacher.   Does that answer your absurd question?

Would the fact that the Argentinians play in domestic competition suddenly make them non-foreign players?   I don't think that is entirely the case at all.   The reason for allowing them to play in the Vodacom Cup is entirely different from having them being capabale of playing for SA teams in Super 15.   

The argument of Watson consequently seems to be based on dubious grounds and could be detrimental to his course.   I think he would get away with having 2 foreign players in his match 22 on any given day - but that would be as far as the issue would be able to go.     

As stated previously I also feel sorry for the Kings.  However, there is virtually nothing the Government can do legally to force SARU to change their rules - the Court would throw out any legal challenge by the Government on the grounds mentioned inasmuch as the rules apply to all franchises and is not aimed at the Kings in particular.  

They may use persuasion to try and change things - but rugby is not subsidized by Government and indirect actions are unlikely to succeed.  

My only suggestion is what I said previously - rotate th foreign players and do not have  more than 2 such players in the match 22.   The real fun is going to start before the play-offs with the top other franchise - presumably the Lions.   Will SARU for that purpose have the power to ban foreign players.  I doubt it very much - becaue that mtch i not a ZANZAR controlled game - but an internal promotion - relegation game.