Border Rugby Union has been plunged into fresh turmoil, with acting president Asanda Simoyi facing a criminal investigation over allegations that he changed the union’s bank signatories without executive approval.
The latest dispute comes as members prepare to challenge his leadership at a special general meeting on Sunday, deepening a crisis already fuelled by a court battle over the union’s executive and control of its finances.
The alleged incident, which reportedly took place last month, has been referred to the police's commercial crime unit for further investigation.
KuGompo City police captain Hazel Mqala confirmed that a fraud case had been opened at the Beacon Bay police station.
"A case of fraud has been opened at the Beacon Bay police station and was transferred to the commercial crime unit for investigation. No arrest has been made, however, the investigation is continuing," she said.
It is understood that executive member Siphokazi Njani is at the centre of those that opened the case.
When contacted, she confirmed they had opened a case against Simoyi but declined to provide further details.
It is further understood that two other union employees are involved and are accused of having worked with Simoyi.
By the time of publication, their identities had not been established.
Several executives alleged Simoyi visited the bank and changed the signatories without the knowledge or approval of the majority of executive committee members.
They argued that any changes to the account required a properly constituted executive committee meeting, with a quorum of 50% plus one.
The members accused Simoyi of interpreting a September court order in a manner that suited his position, while they insisted that the order had reinstated the previous executive committee and restored their right to participate in decisions affecting the union.
One member said Simoyi continued to operate as though the affected members were still interdicted, despite what they described as a clear reinstatement by the court.
"He forgets that the court order is not interpreted in his own way. Several people, including lawyers, informed him that we were all reinstated.
"So the reinstatement means that for any resolution to take place, we have to be there," the member said.
"A Border Rugby meeting requires a 50+1 quorum."
Another executive member questioned how the banking changes could have been made without the involvement of the union's general manager and finance chair.
"The BRU constitution is clear. It states that the general manager, accompanied by the chairperson of finance, are the key people when it comes to going to the bank.
"There is no way you open our account or go to the bank without those people in attendance," the member said.
The banking dispute stems from a September court order which reinstated the union's previous executive committee and interdicted the new executive elected in August.
The application was brought by Simoyi and other applicants, who alleged that the election process leading to the August election had been tainted by constitutional breaches.
The applicants further alleged that the disputed executive committee had processed payments without lawful authority and argued that its continued access to the union's bank account exposed the organisation to further financial harm.
The members of the new executive who were interdicted included Njani, Wayne Weyer, Mandisa Mgabadeli, Theo Mvalo and Katiso Mosioua.
The five also form part of the now reinstated executive.
When approached for comment, Simoyi laughed off the allegations.
"I know nothing about a criminal case," he said.
This was before he referred the publication to the union's legal representatives, Lwazi Dekeda Attorneys.
The firm's director, Lwazi Dekeda, confirmed that he had been instructed by the union to provide an independent legal opinion on the matter.
"That opinion was delivered to the union on November 10.
"It is the union's document and we are not able to disclose its contents.
"We do not act for Simoyi or for any other member of the executive committee in a personal capacity.
“We have not seen any complaint and we have not been contacted by the South African Police Service," he said.
The opinion is expected to be presented to the executive committee at the union's special general meeting scheduled for Sunday at Bayville High in KuGompo City.
At this meeting it is understood that members intend tabling a motion of no confidence against Simoyi, while seeking answers on nine issues relating to his leadership.
Among their concerns is the allegation that Simoyi had positioned himself as the main reporting line, along with the union's general manager.
They also accused him of using union funds for expenditure outside the initially approved budget and without authorisation.
"These amounts, …, are a serious concern to us and raise uncomfortable questions around the motives of the acting president."
Other complaints include meetings allegedly held without being properly constituted.
These members are also demanding reasons for Mosioua's removal from the executive committee, arguing that Simoyi had no legal basis to exclude him.
It was said Simoyi wrote to members stating that four executive committee members had been interdicted from office.
However, on Wednesday evening, Simoyi issued an apology over his interpretation of the court order in a letter sent to the executive members.
"As leaders of the union, we should be working together to promote and develop rugby rather than engaging in disputes that have negatively affected the organisation and its stakeholders," he said.
Simoyi also proposed that all actions and decisions taken between July 31 and November 10 be set aside ahead of the meeting.
He said the immediate priority should be "recovering and normalising" access to the union's bank account, resolving outstanding operational matters and ensuring the organisation could function effectively.
He called on the executive committee members to attend a physical meeting in Butterworth on November 19, where he wants Dekeda to present the independent legal opinion.
"Let us use this opportunity to restore unity, strengthen governance, rebuild trust, and place the interests of Border Rugby Union and the game of rugby above all other considerations."
Daily DIspatch