- On 2 May 2012, Adv John Myburgh SC furnished a report dealing with a complaint which Mr Maselle had lodged against Mr Rob de Kock, the Chief Executive of the National Horseracing Authority of the Southern Africa (“NHA”) on 16 January 2012. In his report Adv Myburgh concluded that the complaint lodged by Mr Maselle was unwarranted.
- The background to the matter and the circumstances pertaining to the complaint are set out below.
- During May 2011 Mr Brett Maselle laid a complaint against Mr Rob de Kock with the National Board (“the Board”) of the NHA. The complaint related to the fact that Mr de Kock had agreed that the jockeys participating in the International Jockeys Challenge (“the Challenge”) in November 2010 would be permitted to wear the colours of the country represented by the respective jockey.
- In responding to this complaint Mr de Kock pointed out, inter alia, that this arrangement had applied to an earlier international meeting held in South Africa.
- This complaint was referred to Advocate John Myburgh SC for investigation with the delegated powers of the Board. On 25 May 2011, he dismissed the complaint and fined Mr Maselle R2500.
- On 16 January 2012, Mr Maselle addressed a letter to the Board in which he stated that he believed that certain material facts had not been brought to the attention of the Board or were withheld from the Board regarding his complaint against Mr de Kock. He went on to state that had he been afforded a hearing by Adv Myburgh, he would have brought to Adv Myburgh’s attention that Mr de Kock had misrepresented the truth to him, the Board and Adv Myburgh because the statement made by Mr de Kock that jockeys rode in “international” colours in January 1997, was false. Mr Maselle stated that he had proof that this was not the case.
- Mr Maselle contented that, in the light of what he stated in his letter of 16 January 2012, he believed that the earlier findings by Adv Myburgh should be rescinded by the Board and that a public apology should be extended to him and that the NHA should take disciplinary action against Mr de Kock for his conduct.
- Mr Maselle went on to deal with the 2011 International Challenge, alleging that the NHA had acted in an improper manner by participating in the staging of this event.
- On 9 February 2012, the Board resolved that Mr Maselle’s complaints against Mr de Kock should be referred to Adv Myburgh on the basis that he should not only deal with Mr Maselle’s further contentions in relation to his prior complaint, but also his further complaint in regard to the 2011 International Challenge.
- The Board laid down a process which allowed that all the additional evidence to which Mr Maselle alluded, to be placed before Adv Myburgh. Despite several invitations to do so, Mr Maselle did not avail himself of this opportunity prior to the matter being placed before Adv Myburgh.
- After Adv Myburgh was instructed, he also called upon Mr Maselle to make representations regarding the investigation of his complaint. He chose not to do so.
- After analysing Mr Maselle’s complaint and the evidence submitted by Mr de Kock, which demonstrated that the jockeys did in fact ride in “international” colours in 1997 (thus refuting Mr Maselle’s statement to the contrary), Adv Myburgh concluded that: “A review of all of Mr Maselle’s contentions, including the additional assertions contained in the letter of 16 January 2012, relating to his first, or prior, complaint discloses that the complaint was unwarranted.”
- Because Mr Maselle, subsequent to sending the letter of 16 January 2012, expressly stated that the complaint regarding the 2011 International Challenge was not a complaint against Mr de Kock but were criticisms aimed at the NHA, the Board and the chairman of the Board, Adv Myburgh found that he had no jurisdiction to determine the second complaint.
