Athletics club members demand audited financials, filling of vacancies
ATHLETICS Eswatini Club members are demanding that the Federation president, treasurer and chief operations officer produce audited financials and also hold a special meeting to fill vacancies of board members.
In an urgent application to the High Court, Edward Ndlangamandla a member of the Nhlangano Track Athletics stated that on April 14,11 athletics clubs resolved to launch proceedings.
These are UNESWA, Swazi Slojos, Manzini Striders, Mhlatane, Mbabane, Manzini, Nhlangano, Ngculiwini, UEDF, RES, and GFC athletic clubs.
He stated that under the administration of Zakhele Dlamini as President of the Athletics Eswatini discord began to prevail occasioned by a series of unprecedented acts which led the club to request a general meeting in writing, known as a special meeting.
Dlamini allegedly facilitated the meetings for clubs more than three times after the members had on several occasions requested the same and he allegedly appointed a disciplinary committee and instituted proceedings against members following the constitution which is the backbone of the federation.
Ndlangamandla stated that Dlamini has further unilaterally selected teams and officials for international participation without the mandate of the executive board and has the power to confirm athletes for international meetings, contests, and meetings.
“The member clubs are concerned with a litany of legal quandary within the federation which involved the appointment disciplinary committees as well as disciplinary powers thereto,”
Whereas article 27.4 provides that the provisions are subject to the disciplinary powers of the general assembly and the executive board concerning suspension and expulsion of members.
Other executive board members wrote a letter on January 28 denouncing and distancing themselves from the unconstitutional acts of Dlamini and Thoba Mazibuko who is the Chief Operations officer.
An annual general assembly was scheduled to be convened on March 16 which was aborted by Mazibuko without any just and reasonable cause.
Immediately after the scheduled Annual General Meeting (AGM) three of the voting executive board members tendered their resignation citing amongst other issues.
These are Sipho Vilakati, Sanele Mamba and Dr Zabenguni Mkhatshwa.
Ndlangamandla stated that Mazibuko continued to sow seeds of harmony within the federation by fostering practices contrary to those which had hitherto ensured the smooth operation of the federation.
The member clubs learnt of the resignation of the three executive board members and again requested in writing another special general meeting.
After receiving a request for the meeting, Mazibuko notified member clubs that such a meeting would be held on April 4 at Olympiafrica Centre at Lobamba.
“The unsuspecting member clubs were then informed that a correspondence from the Confederation of African Athletics was sent to Dlamini and Mazibuko instructing that the meeting be postponed until the CAA delegation comes to Eswatini to resolve the leadership challenges,” he said.
He stated that the clubs were perplexed by this ordeal because they had not reported to any regional or international federation that they had failed to resolve their issues within the proper availed structures in the country.
The clubs suspect that Dlamini who also sits on the CAA board manipulated the situation and gave the CAA the wrong impression that there were leadership challenges within Athletics Eswatini, whereas there are only vacant positions that need to be filled.
The question that boggles one’s mind according to Ndlangamandla is when the CAA delegation intends to finalise the travel logistics to Eswatini because it has no mandate or clear mechanism as to how to intervene in issues affecting the federation.
He stated that no communication has been forwarded to the World Athletics hence it remains a mystery how CAA mandated itself to intervene on issues when they have not failed to do so let alone mandated by WA.
“This is an orchestrated stunt falsely sanctioned by Dlamini and Mazibuko to have a flimsy excuse and without justifiable ground to call and convene a meeting to deliberate on issues affecting governance and administration of the Federation.
The application seeks orders compelling Dlamini and Mazibuko to convene a special general meeting within 14 days of the grant of the order to fill the vacancy executive oard.
Also to order Dlamini and the treasurer Bongani Ntshalintshali to present member clubs audited financial reports of the previous year and convene a meeting for the general assembly to appoint auditors of the federation as per Article 13.6 of the constitution.
He further submitted that the remaining executive board members whose occupation of the federation’s offices is in contravention of the constitution currently have unlimited access to finances with no quorate board.
They may also during the prevailing standoff deplete same for their benefit at the expense of the federation and access funds held in the accounts in the absence of any accountability measure as audited financial reports have not been tabled.
Dlamini and Mazibuko have and are still perpetrating a series of unlawful conduct detrimental to the attainment of the aims and ideals of the federation without the mandate of the Federation and a properly constituted board which conduct is counter-productive to the continued attainment of the federation’s objectives.
“A hearing in due course would not afford the clubs substantial redress as by the time the matter is heard, Dlamini, Mazibuko and Ntshalintshali will have actuated and implemented their unlawful decision leading to the expropriation of Federation proceeds,” Ndlangamandla submitted.
He further stated that they have no mandate to make, take and execute decisions on behalf of the Federation which are binding upon members due to their nonconstituted being in office.
Federations
The Federation is an affiliate of World Athletics (WA), Confederation of African Athletics (CAA), Confederation of African Athletics- Southern Region 5 (CAA-SR5), Eswatini Olympic and Commonwealth Games (EOCGA) and Eswatini Sports and Recreation Council (ESRC) do receive resources and support from these federations.
The club members fear that due to the defunct executive board that can make any decision in terms of accountability and governance the Federation risks facing suspension by these affiliates due to improper constitution.
“We may further lose our licence to operate which was due for inspection on April 1 by EOCGA and ESRC,” he said.