BRU plunged into turmoil after alleged 'unlawful' suspension of GM

Simmering boardroom tension within the Border Rugby Union (BRU) erupted into open warfare this week following the precautionary suspension of general manager Mthunzi Hewu and the termination of the representation of Katiso Mosioua from the unions executive.

Acting president Asanda Simoyi is at the centre of the row and is being accused of being unconstitutional and having flawed procedures.

Hewu was informed on Tuesday he was suspended on full pay pending an investigation into six allegations.

The letter, signed by Simoyi, included, among others, an alleged alteration of a letter signed by Zuko Badli [former president], amendment of meeting minutes to include matters not discussed or resolved during executive meetings and the instruction issued for the payment of an allowance to the acting president [Simoyi] without proper authority.

The letter also alleged possible violations of the BRU constitution and breaches of contractual duties relating to governance, reporting, financial integrity and execution of responsibilities.

Border Rugby Schools Association member Mosioua was told in a separate letter that his termination came after he failed to attend, participate in or submit reports for the executive committee meetings.

Attempts to get comment from Mosioua were unsuccessful on Thursday.

Contacted on Wednesday, Hewu confirmed that he had been suspended by the union.

Later, his representatives, Sport Employees Unite (SEU), said they had serious concerns regarding the suspension.

In a letter seen by the Dispatch, SEU wrote to Simoyi, saying the acting president did not have the unilateral authority to suspend the general manager or any individual office-bearer.

"The BRU constitution requires an executive committee quorum of 50% plus one of voting executive committee members before valid decisions may be taken," it said.

SEU said a written resolution must be signed or issued by all serving members of the executive committee.

BRU vice-president Siphokazi Njani disputed the suspension of Hewu in a letter and confirmed that there was no executive resolution.

"This decision is unconstitutional and procedurally flawed, as it was not adopted through a valid executive resolution," Njani said.

"Furthermore, the general manager is accountable to the entire executive collective, not to Simoyi in his capacity as acting president alone.

"Simoyi lacks the unilateral authority to suspend a senior official without the mandate of the full executive committee.

"Such conduct undermines the governance structures of Border Rugby and sets a dangerous precedent."

Njani said she called for an urgent executive meeting to be convened within 72 hours to deliberate on two matters – the unlawful suspension of Hewu and the conduct of Simoyi in exceeding his authority as acting president.

"The suspension must be reversed pending a properly constituted executive resolution," she said.

SEU added: "Given the public dispute among executive committee members themselves regarding the existence and validity of the alleged resolution, transparency is now essential to protect both the integrity of the union and the procedural rights of the employee concerned.

"Absent such proof, the suspension appears to be the act of an individual office-bearer rather than a decision of the employer structure empowered by the constitution."

Simoyi did not respond to inquiries.

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