Suspended karate bosses lose court bid, get slated by judge - TimesLIVE

Not only did Karate South Africa (KSA) president Sonny Pillay and two board members lose their court bid to have their suspensions overturned, but the judge also criticised the “vexatious” nature of their allegations against their replacements.

The trio were slapped with a penalty costs order.

The World Karate Federation (WKF) suspended the KSA executive in late June amid governance concerns including financial irregularities, misuse of funds and bullying.

A disciplinary inquiry to be chaired by a judge is planned.

On Thursday judge Dingenus van den Bogert dismissed the application by Pillay, Malefetsane Hoaeane and Lucinda Roetz on the grounds that there was no jurisdiction over the Spain-based international body.

He also made the point that the action taken by WKF against them was in line with the international body’s rules.

“The decision to appoint new board members and suspend the applicants was made by WKF,” the judge wrote in his judgment.

“That decision was taken in accordance with the WKF statutes and is part of its internal governance and disciplinary processes ...

“It is uncontested that the applicants are contractually bound by the constitution of the KSA. This includes the WKF statutes, regulations, directives and decisions,” Van den Bogert wrote, adding that Article 7 of the KSA constitution required members to observe the WKF regulations.

He also addressed the contents of their court papers.

“The founding affidavit of the applicants is riddled with all sorts of unfounded, rather vexatious allegations, which suggest the [new interim board members] would not be up to the task.

“It is claimed, without a proper factual basis, that their appointment has led to havoc in the sport of karate in this country.

“The application, so the applicants claim, is aimed at the noble task of rescuing KSA from the hands of these new insurgents … and protecting the sport and its athletes against them.”

Later in the judgment, Van den Bogert returned to this point. “The applicants’ application contains several unwarranted and unbecoming allegations directed at the respondents, accusing them of acting in a hostile, ultra vires and dishonest fashion.

“The conduct of the respondents is described as an unlawful hijack. The opposing respondents are accused of actively victimising the majority of minor karate athletes and technical officials.

“The opposing respondents are accused of a gross abuse of power and that their conduct threatens the mental and physical well-being of the karate competitors.

“Several other rather scurrilous and vexatious averments, without any factual foundation in support thereof, have been directed at the opposing respondents and non-opposing respondents.

“The applicants know that WKF exercised powers under the regulations and statutes that they are bound to. If there was something wrong in that process and had it been pleaded, it would be an objective fact.

“Save for far-reaching allegations of abusive conduct … not much of a factual basis is to be found in the papers of the applicants. As such, their approach to this court on the extreme urgent basis, given their later concession that there is no urgency, constitutes an abuse of process.

“A punitive cost order is warranted.”