Court to referee in rugby clubs’ clash

Legal battle over right to represent Eastern Cape in Gold Cup challenge

UNABLE to scrum it out among themselves, and with just one month to kickoff, two local rugby clubs want the court to decide who will represent Eastern Province in the Gold Cup Challenge on September 10.

Disputes over a water- logged field and misinterpretations over an “act of God provision” are just some of the issues raised in court papers between the Despatch and SA Police Service Rugby clubs.

Despatch now want the Port Elizabeth High Court to declare them log leaders and representatives for the Gold Cup, or alternatively order a playoff with Police.

The matter is set down for argument on August 18.

The two clashed off the field after the Grand Challenge Cup fixtures were disrupted on June 6 last year when the matches were called off, apparently due to flooding.

Despatch, however, have now claimed in court papers that their fields were 100% dry.

After being washed out, a match between Despatch and Brumbies, whom they had initially been scheduled to play, was rescheduled.

Despatch secretary Riaan van Wyk said in an affidavit that this win over Brumbies had landed them at the top of the log with 56 points, and Police trailing with 55 points.

As a result, Despatch were entitled to be the Eastern Cape representative at the Gold Cup, Van Wyk said.

The Gold Cup was of considerable value to players as it attracted significant sponsors for the team and gave young players an opportunity to showcase their talent, he said.

But on February 10, Van Wyk said, he was informed by an EP Rugby Union representative that Police had been announced winners of the 2015 Grand Challenge Cup and would represent the province in the prestigious Gold Cup.

But Police chairman Danie Gouws countered that it was the EPRU that had called the matches off on June 6 last year, and that this decision had nothing to do with Police.

He said five other games had been called off that day.

Gouws relied on the “act of God” provision in EPRU club competition rules, which states: “In the event of a match being called off . . . the points for these matches will be shared by the clubs, awarding them two points each and no bonus points.” This placed the unbeaten Police team at the top of the log.

In addition, Gouws said, if a replay was ordered it needed to take place within seven days of the original match date.

The match between Despatch and Brumbies only took place on August 29.

“I am not in a position to dispute that [Despatch] replayed the match against the Brumbies . . . but the game was not played legally,” he said.

“Quite clearly [Despatch] did not apply for the rescheduling of the game within the Competition Rules.”

Responding on behalf of EPRU, cited in papers as a respondent, deputy president Phillip Joseph said they had no interest in which club eventually played in the Gold Cup.

However, Joseph said, any replay that may have taken place was not under the EPRU’s instruction.