South African Rugby Union (Saru) president Brian van Rooyen could walk away from facing 11 counts of poor corporate governance without answering a question.
A possible deal with SA Rugby — arranged by board member and former cricket administrator Dr Ali Bacher on Van Rooyen’s exit from South Africa’s volatile rugby scene — could see the end of the inquiry, to be chaired by Judge Joos Hefer, before it even begins.
A sport-law expert with a Pretoria firm of attorneys, Brandon Foot, said Van Rooyen could sidestep the inquiry if he resigns or fails to stand for re-election for the presidency at the end of next February.
”Mr Van Rooyen could possibly argue that SA Rugby has no jurisdiction over him if he resigns or does not stand for re-election,” Foot said on Monday.
However, Van Rooyen could face legal action from Saru if Hefer’s inquiry into ”poor corporate governance” does happen as scheduled and irregularities of any kind are found relating to Van Rooyen.
”Inquiries are fact-finding by their nature. Litigation, though, can possibly flow from such investigations if SA Rugby want to go that route,” said Foot.
Twist
In another twist to the saga, Van Rooyen could walk free and need not answer a single question or spend a moment facing a judge in court, if anything comes of the deal between Van Rooyen and Bacher.
Van Rooyen could easily argue on the jurisdiction of Saru and a clause in the Van Rooyen-Bacher deal could make provision for no further action to be pursued against Van Rooyen.
Bacher, on the other hand, remained tight-lipped on a deal having being struck, but confirmed that he had been in a meeting with Van Rooyen to discuss reasons for a possible exit from rugby.
”I don’t want to say anything further. All I can say is that at Mr Van Rooyen’s request, I met with him in Sandton on Thursday. He [Van Rooyen] asked me for reasons to facilitate an exit from rugby and I agreed,” was all Bacher was willing to say.
While Van Rooyen looks a man adamant to fight until the bitter end, Saru deputy CEO Mveleli Ncula confirmed that the investigation will go on as scheduled and that no president’s council or SA Rugby board meeting will take place before the annual general meeting (AGM) on February 23.
”This investigation will continue and there will be no meeting of the SA Rugby board or Saru before the AGM,” Ncula said. — Sapa