A Cape High Court judge ruled on Friday that the Southern Spears do not have to put down almost a quarter of a million rand as security for costs ahead of next week’s court battle against SA Rugby.
”I’m absolutely thrilled and delighted,” said Spears chief executive Tony McKiever afterwards.
”It’s recognition of the legitimacy of our application … one doesn’t prevent the course of justice.”
SA Rugby had asked Judge Dumisani Zondi to order the Spears to put down R200 000 to cover its legal costs if the franchise loses the main action, due to be heard on July 20.
Zondi rejected the application, and ordered SA Rugby to pay the Spears’ costs in fighting it.
When the application was being argued earlier this month, Spears’ counsel Norman Arendse told the court SA Rugby was using ”bully boy tactics” and was trying to browbeat his client into submission.
The Spears are asking for an order that SA Rugby make good on agreements on financial backing and on the Port Elizabeth-based franchise’s participation in the Currie Cup and next year’s Super 14.
The Spears claim in papers that SA Rugby is in breach of its own constitution and has reneged on the decision to include the team in the two tournaments.
SA Rugby says it has already given the Spears R5,6-million and that the franchise is in difficulties because of lack of proper financial controls. — Sapa