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Ken Borland


Majola withdraws from ‘illegitimate’ hearing

Posted on October 17, 2012 by Ken

Suspended Cricket South Africa CEO Gerald Majola on Wednesday withdrew from the organisation’s disciplinary hearing against him, rejecting the lawfulness of the proceedings and preferring to go directly to the Labour Court.

Majola is denying allegations of misconduct over bonuses he received without proper clearance and his lawyer, Pumezo David, told Business Day that the entire disciplinary process is illegitimate.

“We feel there are fundamental points that are unfair to Mr Majola in that the establishment of the Nicholson Inquiry by the minister of sport was unlawful and it’s only because of that inquiry that CSA instituted disciplinary proceedings.

“The minister exceeded his powers according to the Sports and Recreation Act. Section 13 (5) does not give him those powers, it’s limited to him referring a matter to mediation or issuing a directive. The hearing therefore emanates from an unlawful act and therefore cannot be fair or legal,” David said on Wednesday.

CSA’s lawyer, Nicholas Preston, said, however, that Majola was merely trying another ruse to cover up the dirty truth.

“He said he wanted a forum to clear his name and now he’s decided to withdraw from it! This process started close on two years ago and he has participated up till now. They’ve sat on this decision for a while and they’re only crying foul now when things are going against him,” Preston said.

Preston said Majola’s withdrawal from the disciplinary hearing would have no effect.

“The law provides for us to proceed without the accused, but the chairman of the hearing [Advocate Karel Tip] made it 100% clear to both parties that he will examine CSA’s evidence and make sure the case is heard properly even without Majola being present. His independence is unquestionable and, in fact, he tested some of our evidence most thoroughly today,” Preston said.

The CSA lawyer said he did not believe Majola’s chances of gaining relief from the Labour Court were very good.

“The Nicholson Inquiry was properly appointed even though Gerald argued against that both at the advisory award and at this hearing. Both John Myburgh [advisory hearing] and now Karel Tip have dismissed that argument,” Preston said.

David said Majola’s withdrawal certainly did not signal a throwing in of the towel by the former CEO.

“We will be laying down our challenge to the Labour Court and obviously they can review and set aside any decision made by the disciplinary hearing,” David said.

 

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    Mark 16:15 – “He said to them, ‘Go into all the world and preach the Good News to all creation’.”

    We need to be witnesses for Christ, we need to be unashamed of our faith in Jesus. But sometimes we hesitate to confess our faith in Jesus before the world because of suggestions that religion is taboo in polite company or people are put off by those who are aggressively enthusiastic about their beliefs.

    “It is, however, important to know when to speak and when to be quiet. There is one sure way to testify to your faith without offending other people, and that is to follow the example of Jesus. His whole life was a testimony of commitment to his duty; sympathy, mercy and love for all people, regardless of their rank or circumstances. This is the very best way to be a witness for the Gospel of Jesus Christ.

    “Ask the Holy Spirit to guide you so that others will see Christ in everything you do and say. In this way you will fulfill the command of the Lord.” – A Shelter From The Storm by Solly Ozrovech



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