BSA must throw in towel in Qithi saga

There are no signs that the drawnout saga between former Boxing SA (BSA) CEO Moffat Qithi and the regulatory body will end any time soon.

BSA announced that it would appeal against the decision of the high court to reinstate Qithi and pay him more than R3m, including interest, after firing him in 2015 for failure to disclose information on his record.

Qithi took the matter to CCMA, which ruled in his favour.

However, BSA appealed to the labour court, which delivered a devastating blow to the regulatory body.

BSA has spent much money on legal fees in the matter, but it does not seem to care. This wasteful expenditure comes when BSA has outstanding programmes needing financing, with women’s boxing being in the doldrums.

The revival of the Baby Champs programme is also yet to get off the ground.

Board member Nsikayezwe Sithole has been acting in the position while BSA is trying to negotiate through the debilitating court losses.

Qithi, a former Walter Sisulu University employee, was suspended by BSA in 2013 before being dismissed two years later for failing to disclose information during his interview for the job. One wonders why the vetting mechanism was not used for a position of that prestige.

Since then he has made several trips to court — and won all of them.

But BSA still refuses to abide by the rulings.

Qithi’s legal team accused BSA of using taxpayers’ money to delay the process while their client has been sitting at home without an income. “BSA are using their financial muscle in this case, but they are delaying the inevitable here because every court we approach has ruled in our favour with costs,” the team said.

Labour court judge Portia Nkutha-Nkontwana dismissed BSA’s appeal to review a CCMA ruling, but the regulatory body has decided to petition the judge president of the labour court.

Delivering her judgment Nkutha-Nkontwana said: “Seven years have passed since the time Mr Qithi was dismissed and this matter is yet to be finalised. Mr Qithi, the vulnerable party, is still unemployed and held hostage by the party who had approached this court on an unmeritorious review application.”

Nkutha-Nkontwana added: “Accordingly, I am not persuaded that there is a reasonable prospect that the factual matrix in this case might receive a different treatment at the appeal.

“Put differently, the applicant has failed to make a case that another court might reasonably arrive at a decision different to the one reached by this court. Yet, I am not inclined.”

Despite this damning ruling, BSA has instructed its lawyer, Masilo Maake of Masilo Maake Attorneys, to continue fighting, while crucial programmes for boxing development take a back seat.

Crucial programmes for boxing development take a back seat