A Cape High Court judge on Wednesday rejected a bid by Natal Sharks utility forward AJ Venter to set aside a six-week ban for dirty play.
He was given the suspension after a South African Rugby Football Union (Sarfu) disciplinary committee found him guilty of punching Western Province lock Rob Linde last month.
Venter claimed in court papers that the disciplinary proceedings were irregular and that the panel made up its mind about his guilt before hearing his side of the story.
However Cape Judge President John Hlophe refused Venter’s legal team the permission required under the Supreme Court Act it needed to cite the disciplinary committee’s chairperson, sitting judge Burton Fourie, as a respondent.
In his judgement on Wednesday, Judge Roger Cleaver said this constituted a ”fatal” flaw in Venter’s application.
He also said he was satisfied that Fourie never indicated before hearing argument from Venter’s representative at the hearing that the disciplinary panel had already reached a conclusion.
He dismissed the application with costs.
Venter had told the court he was losing a R5 000-a-match fee, plus R5 000 for each win, during his suspension.
In addition, because of the ban he had not been considered for the final Springbok squad for the World Cup. He could still make the cut if the suspension was lifted and someone in his playing position withdrew. – Sapa