Court bid to remove EP Rugby president
Malgas accuses Antonie and his deputy of lacking integrity required to lead union
A court application has been lodged, seeking to have EP Rugby Union (EPRU) president Gerald Antonie and his deputy, Roger Serfontein, removed from office because they allegedly flouted the union’s constitution and “lack integrity”.
The application, filed in the Gqeberha high court this week, was brought by suspended EPRU acting president George Malgas, who wants his suspension from his previous position as vice-president set aside.
In lengthy court papers, Malgas alleges Antonie and Serfontein do not have the integrity required to lead the union.
The move comes shortly before the adjourned EP annual meeting is set to resume at Cillié High School in Gqeberha at 10am tomorrow.
Malgas claimed the continued strife caused by Antonie and his coterie already cost the city a rugby Test.
“The purpose of this application is to review and set aside a series of decisions taken by the executive committee and general council of EP Rugby which are in violation of its constitution,” Malgas said.
“The unconstitutional actions by several members of the respondents have caused chaos in EP Rugby’s administration and severe prejudice to those who play rugby in our province.
“I also seek to have my suspension as vice-president set aside.
“The plan was for the Springboks to play Portugal in Gqeberha on July 20, but this has been moved to Bloemfontein because of the instability of the EPRU.
“The strife caused by Antonie and his coterie has also destabilised the senior rugby teams and put the season in jeopardy.
“The strife has scared away sponsors.
“I have been in discussion with a large sponsor, but he is not willing to invest in EP rugby while Antonie is in charge.
“The metro has refused to pay EPRU the R6m grant because of the instability at EPRU since Antonie and his supporters took over.
“This will prejudice all rugby players in the province and impact the preparation and training for the age groups provincial teams that are supposed to represent our province.
“It will impact the future career prospects of many of our young people.
“About 70% of the clubs in the province have already shown their disgust in the leadership of Antonie by walking out of the general meeting.
“The only reason he is still in his position is because he has suspended me and denied the clubs a vote on what he has done.”
Malgas claimed further that Antonie had failed to account for the use of funds meant for underprivileged schools in 2021 and 2022, and alleged Serfontein had submitted a fraudulent travel claim last year.
An angry Antonie has, meanwhile, dismissed Malgas’s claims as “sensational fiction”.
Seven respondents are cited in the court bid, including the SA Rugby Union, EPRU, Antonie and Serfontein.
In response to Malgas’s claims about financial issues, Antonie said: “I totally deny that. It is sensational fiction.
“This whole thing is a waste of time, and we are going to apply for a cost order against Malgas.
“Why is the SA Rugby national Grant Khomo junior tournament being played in Gqeberha at Grey High School in June?
“We [schools] had a clean audit and there were never any funds stopped by any person.
“In the school system, there is no fraud.
“The money is not controlled by me but by the treasurer, and there is no money laundering in EP high schools.
“[Malgas] is going to be sued for these allegations he is making against people while we are investigating him.” In response
to accusations he had submitted a fraudulent travel claim, Serfontein said: “I am going to defend myself in court with a smile, as well as Mr Antonie.
“We were never charged or found guilty of any misconduct.”
According to court papers, Malgas wants all decisions taken by the executive committee at its meetings on February 6, March 9 and March 16, and decisions taken at the general meeting on March 22, to return to the position to that of February 6.
On the meeting held on February 6, Malgas said: “When it became clear to me that Antonie wanted to be president and Serfontein wanted to become deputy president, I raised Antonie’s failure to account for certain monies.
“Antonie is president of the EP High Schools Rugby Union.
“This sub-union was given a substantial amount of money for underprivileged schools in 2021 and 2022, respectively, but these grants stopped because Antonie had failed to give an account for the use of these funds as he was required to do.
“I also raised the issue of [an allegedly] fraudulent travel claim Serfontein had submitted in 2023, and told the meeting neither of them had the integrity to run the organisation.
“Antonie also took over the portfolio of Freddie Makoki, who is the chair of the provincial affairs committee.
“The coaches [EP Elephants] were instructed to report to Antonie and Serfontein, not Makoki.
“They also reviewed all contracting of players and coaches,” he said.
Malgas alleges that Antonie was forced to adjourn an AGM on March 23 after several clubs walked out.
“The majority of the clubs were opposed to the AGM proceeding, they wanted an SGM [special general meeting], where a report in terms of clause 11.2.1 into the activities of exco could be done.
“The reason the clubs wanted this was because they wanted to vote against the report, thereby reversing all the decisions taken at exco since November 4 2023.
“There are 124 clubs in the province, which means that there is a quorum of 63 clubs needed for a meeting to proceed.
“On the day, 84 of the clubs attended the meeting.
“After a long debate about what should happen next, 61 clubs walked out of the meeting, collapsing the quorum.”
He said to make matters worse, Eldridge Februarie was one of the strongest supporters of Antonie and his coterie.
Februarie, a former ANC Kouga local municipal councillor, “was suspended for five years from EPRU because he was convicted of taking money from EPRU while he was an office bearer”.
His appeal is still pending. “Antonie unilaterally and ultra vires [beyond] his powers, uplifted Februarie’s suspensions on March 11 2024.
“Februarie’s matter is still before the Specialised Commercial Crimes Court,” Malgas wrote.
Malgas said he was “forced to court” and that he was acting in the best interests of EPRU.
“In this regard, depending on what occurs at the (unlawful) [meeting] on Saturday, leave will be sought to supplement this affidavit.
“Finally, I ask this court to order that a special general meeting be held within 21 days from date of judgment at a time and place to be confirmed by the GM.”
Responding papers have not yet been filed.