Judge recuses from Sidinile suit
EASTERN Cape High Court Judge Templeton Mageza yesterday recused himself from a R617 300 lawsuit against well-known boxing promoter Andile Sidinile, 48, by Boxing South Africa (BSA), saying he knew him personally.
This as court proceedings to recoup monies owed to boxers and officials for a boxing tournament organised by Sidinile in April last year began in the high court sitting in East London.
Judge Mageza told the counsel for Sidinile, Advocate Lucy Burger, and BSA’s Advocate Xola Nyangiwe that he could not listen to the matter as he had known Sidinile for a long time.
A new judge will need to be selected and the case was postponed to November 7 for that purpose. Sidinile was not present in court.
BSA has gone to court to compel Sidinile to pay up.
In his affidavit in support of the application, BSA chief executive David Lejaka said the board decided to recover all funds from Sidinile on March 23 this year.
He said although Sidinile, of Sijuta Promotions, had indicated he would defend the suit, he had no bona fide defence to the action.
According to court documents, a total of 13 boxers participated in the tournament and are owed purse monies. They are: ● Simphiwe Vatyeka – R300 000; ● Luziko Soyo – R90 000; ● Xolisa Ndongeni – R100 000; ● Ntlantla Ngamntwini – R35 000; ● Mzwabantu Dabaza – R18 000; ● Glovanni Bushby – R45 000; ● Alfoz Tissen – R20 000; ● Simphiwe Lusizi – R30 000; ● Myolisi Xayo – R8 000; ● Nkosinathi Joyi – R30 000; ● Oscar Kwankwa – R20 000; ● Sinethemba Bam – R10 000; and ● Aphiwe Tshili – R6 000. “Boxing regulations require that all purse monies for the tournament be deposited with BSA before the date of the tournament,” according to the BSA’s papers.
“[Sidinile] did not deposit the purse money with BSA, and instead misrepresented to BSA that he had secured sponsorship from government.
“[Sidinile] further presented a letter purportedly serving as guarantee that government will pay for the tournament, but the letter was subsequently found to have been falsified.”
In his defence, Sidinile, who is the former CEO of Sijuta Promotions, said in his affidavit that Lejaka had no knowledge of the matter brought before court.
“I did not contract with [BSA] in my personal capacity. Any agreements entered into were between Sijuta Promotions CC, of which I am not a member and, as such, [BSA] has proceeded against the incorrect party.
“It is further denied that there are any monies due owing and payable to the persons mentioned. I would need to ventilate this further in my plea and subsequently in the trial.
“It is denied that [BSA] has the right to claim sanctioning fees,” Sidinile said.
He has asked the court to dismiss the application with costs.
● Meanwhile, BSA yesterday removed from the roll a summary judgment application against another boxing promoter Siphatho Handi, 51, of Mamali Boxing Promotions.
No explanation was given in court for the removal by BSA’s counsel.
BSA launched the application to recoup R895 425 owed to eight boxers and boxing officials for a tournament held at the Mdantsane Indoor Sports Centre on March 22 2015.
Boxers who participated tournament were: ● Nkosinathi Joyi – R250 000; ● Mzonke Fana – R200 000; ● Koos Sibiya – R60 000; ● Mfusi Maxhayi – R100 000; ● Mxolisi Nombevu – R90 000; ● Siviwe Hasheni – R80 000; ● Bongani Mahlangu – R15 000; and
● Sinethemba R20 000.
BSA said in court papers that Handi owed them R75 000 in sanctioning fees for the tournament. — in Magabisela the –