CHARGES AGAINST LUKE WATSON DISMISSED
Charges against controversial loose forward Luke Watson has been dismissed, after the South African Rugby Union failed to show that the presiding officer in the matter had the authority to hear the case in the first place.

The contention was the first ground of Watson’s defence at Tuesday’s disciplinary hearing into controversial comments the Bok flanker reportedly made at the Ubumbo Rugby Club at UCT last month.

The hearing lasted 90 minutes, with the presiding officer, attorney Nape Dolamo, agreeing with Watson’s legal counsel, Jeremy Gauntlett SC and Matthew Blumberg.

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Disciplinary charges against controversial Springbok Luke Watson were dismissed on Monday after the presiding officer ruled that he did not have the jurisdiction to hear the matter because of a conflict between the SA Rugby Union’s (Saru) regulations and code of conduct.

The crack defence team of Jeremy Gauntlett SC and Matthew Blumberg argued as their first ground that the valid appointment of attorney Nape Dolamo, who presided over the 90-minute hearing, had not been established.

They argued that while Watson had been charged with contravening the code of conduct, the president’s council had power to regulate the procedures of Saru, “not to create substantive rules of conduct”.

“The code purports to do the latter, not the former,” states Watson’s heads of argument obtained by the Cape Argus.

Moreover, the defence argued that Saru’s constitution did not include, as a specified basis of disciplinary action, contraventions of any code of conduct. In addition, Saru had not proved the president council’s adoption of the code of conduct on which it relied.

In his statement after the proceedings, Watson said he was delighted with the result.

“I am only sorry Saru should have seen fit to obtain an unuathorised and incomplete cellphone recording from a third party, without disclosing its informant, and to seek to use this against me,” the player said.

“I deplore the incompetence which has surrounded the pressing of charges, which were null and void from the outset.

“I am grateful to my family and friends and many South Africans for standing by me,” Watson said.

Watson’s attorney Brian Biebuyck said although theoretically charges could be reinstated against the player, practically this could not be so.

Dolamo had specifically warned Saru that it could not amend its code of conduct and regulations and then seek to reinstate charges against Watson.

The legal team had noted that clause 4.5 of the code refers to a judicial officer “appointed in terms of the regulations re disciplinary procedures and the imposition of sanctions in respect of illegal and/or foul play and misconduct and general offences”.

The team had on Wednesday November 5, asked Saru to specify the provisions of the disciplinary procedure regulations pursuant to which the judicial officer was appointed.

Saru’s response a day later was “to avoid the question”.

The team argued that unless and until that query was satisfactorily answered “the accused cannot assess whether or not he is subject to the jurisdiction of the judicial officer”.

It therefore argued that the charges against Watson ought to be dismissed.

Biebuyck said that because Dolamo had ruled that he had no authority to hear the charges, he could not rule on other aspects of the defence teams head of argument, including that Saru should pay the costs of Watson’s legal counsel.

At the hearing, Watson’s legal team accused Saru of acting “in-consistently, selectively and arbitrarily” by deciding to discipline him while turning a blind eye to controversial comments made by other top players, coaches and officials.

“This disparity of treatment could not be more stark,” according to legal papers in his defence.

Watson, who was represented by top advocates Gauntlett and Blumberg, arrived at the Saru Newlands offices today for the start of what was planned to be a two-day hearing over alleged breaches of Saru’s code of conduct.

Watson, who arrived in a black BMW M5 wearing a black suit and white shirt, was supported by members of Ubombo Rugby Club and the Transformation and Anti-Racism Rugby Committee (Tarc).

Saru was represented by advocate Jeremy Muller SC.

The defence team’s heads of argument challenged the charges against Watson on technical and substantive grounds, including that they violated his constitutional right to freedom of expression.

Watson also challenged the sections of the code which he was alleged to have breached, including that he had brought rugby into disrepute or undermined its reputation, or that he had “adversely affected that game and/or Saru and/or SA Rugby (Pty) Ltd”.

The charges were based on comments he is alleged to have made during a talk on transformation on October 3 at a Ubumbo Rugby Club gathering at the University of Cape Town, which he claims was private.

Saru relied on a recording of the speech, which Watson also alleged was illegally taped and a violation of his right to privacy. A transcript of the recording in-cludes the controversial statement of how, when he was included in the Bok team against then coach Jake White’s wishes last year, he felt like a “political pawn” and wanted to vomit on the Springbok jersey. It does not include the “Dutchmen” statement offensive to Afrikaners, said to have been made in a question-and-answer session.

Watson’s legal team argued that the provisions in the code were broad and imprecise and could lead to “arbitrary enforcement”.

It was also argued that the fact that the Springbok emblem was offensive to certain sections of the population should not, and had not, discouraged those who supported it from publicly expressing their support.

“Likewise the fact that some support the emblem should not discourage those against it from expression their views”

Members of Ubombo Rugby Club and Tarc arrived at at the hearing this morning to hand over a petition initiated by the vice-chairman of the Soweto Rugby Club, Asad Bhorat, to Saru but were stopped at the reception desk.

They were later met by Saru secretary Ismail Jakoet, who accepted the petition.

The petition said the signatories believed the case against Watson “was not genuine”.

This article was originally published on page 1 of Cape Argus on November 11, 2008

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SPRINGBOK TEAM TO PLAY THE SCOTS
EDINBURGH, Scotland — South African coach Peter de Villiers named an unchanged lineup for Saturday’s rugby international against Scotland at Murrayfield and warned some of his squad they may not get a game on the tour.

The World Cup holder narrowly beat Wales 20-15 on Saturday and faces England at Twickenham Nov. 22. De Villiers says he wants to maintain continuity and avoid changes to a successful team.

“I decided on an unchanged team to maintain consistency and allow this team to establish themselves as the core 22,” De Villiers said on Tuesday. “We have brought a squad of 28 players but that does not necessarily mean that every player will play on this tour. Players will have to work for their places.”

Lock forward Bakkies Botha should be available for selection after sustaining an eye injury in the game against the Welsh.

“Bakkies saw a specialist this morning and was given the all-clear,” De Villiers said on Tuesday. “It’s a big boost to the team. You saw the impact he had in the first 40 minutes against Wales and we’re glad to have him back.

Lineup: Conrad Jantjes, J.P. Pietersen, Adrian Jacobs, Jean de Villiers, Bryan Habana, Ruan Pienaar, Fourie du Preez, Tendei Mtawarira, Bismarck du Plessis, John Smit (captain), Bakkies Botha, Victor Matfield, Schalk Burger, Juan Smith, Pierre Spies.

www.rugbyweek.com/news

Replacements: Brian Mujati, Gurthro Steenkamp, Andries Bekker, Ryan Kankowski, Ricky Januarie, Francois Steyn, Jacque Fourie.

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No Argentina in TriNations until 2012 at least

Argentina’s inclusion in an expanded Tri Nations is unlikely to be actioned before 2012 according to New Zealand Rugby Union chief executive Steve Tew.

Following a meeting with the IRB and the 10 tier one nations which is made up of the Six Nations teams, Tri Nations and Argentina it was agreed that Argentina’s inclusion would be prioritised.

This comes on the back of a successful world cup for Argentina in 2007 where they beat the hosts France twice and came third.

In an interview following the IRB meeting Tew said that he welcomed the latest discussions but warned that the problem would not be solved overnight.

“Nothing would happen before 2012 because they need that much time to get their house in order,” he told Radio Sport.

“That’s the date they’ve told us would be the most likely.
“The reality is that logic says they would fit nicely into the Tri Nations, other than the cost and the logistics, so we really need everyone to commit to the fact that some funding would be available, probably from the IRB coffers, to assist that process.

“It’s really a world rugby issue and everybody effectively agreed Argentina was a priority and that they needed them in the Tri-Nations from 2012 onwards and if that requires the IRB to spend some of world rugby’s money to help that happen then so be it. That means they [Argentina] can go away and start planning it in a bit more detail.”

This is more like a kiss off and telling Argentina to get lost. I hope they beat the All Blacks in Auckland in 2011.

Tew also said that the meeting had also put paid to the chance of moving the June international window which New Zealand were in favour of.

“There is no doubt from listening to the northern hemisphere unions that they are not prepared to move the June window,” he added.
“There is no easy solution to that time period so we might as well stop kidding ourselves and get on and find a different answer.”

Following the meeting everyone agreed to look at longer Rugby tours with mid week games in order to cut down on the current situation where Northern Hemisphere teams tour with second string players which devalues the Tests.

www.rugbyweek.com/news

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has anyone actually heard the recordings of Luke Watson or any transcripts?

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Stevenf - Here is the full transcript of the speech Luke Watson made at the Ubumbo rugby festival at the University of Cape Town on October 3.

The word “Dutchmen” does not appear anywhere in the transcription. It has been said he used the word in a question-and-answer session after making his speech but there is no proof of it in the transcription.

The following week Johan Rupert made a speech at Potch University calling himself a “Dutchman” and “Hairyback” in obvious jocular reference to this, with zero attack on him.

This transcript is taken from a “doctored” tape of a cell phone recording, which is why it is so incoherent.

What do you think? Harmless chit chat on a university campus and by no means a sinister “UniBomber” approach.

“…, your aspiration, your attitude, they are characteristics and qualities we have within our … God gave us those to make us who we are - I’m going to take three of those of these many characteristics and how we can transform who we are in person and who we are inside, because true transformation starts with that.

“I want to take attitude: What is your attitude towards others? What is your attitude towards yourself? and what is your attitude towards … Whether we like it or not we have been given an opportunity that our forefathers have not, they took an opportunity that was not theirs to take, they bled and they fought for that on the field, and here we stand today reaping the benefits of the seeds they sowed, here we stand today on the hill, looking back at the victorious battlefield behind us, having shed no blood ourselves. So what is your attitude towards who you are, towards others and towards where you want to go? Your attitude needs to be one of hope, …. an era that had no hope, we have been given hope and we need to recreate and ?? the culture of hope for generations to come, we need to see the bigger picture and realise that the here and now is not just the here and now, but the here and now only exists of those who went before us and because of those who are still to come, there is a bigger picture, whether you like it or not - me having to wear the Springbok jersey, to keep myself from vomiting on it, because there is a bigger picture, because men and women have bled for me to get there - did I ever want to be there? No, it’s never been my dream, but I chose this burden with the greatest of pride and satisfaction, knowing that my father Cheeky Watson laid down his life to get me there, knowing that Zola Yeye laid down his life, Archie Mkele, legends from the Eastern Cape where I grew up, known as my uncles and my fathers, knowing that they fought for me to get here, and that my job is to bear the burden and carry the torch of hope - once you have dealt with the nature of the inner man and once you have gained perspective and realised it is not about you, but it starts with you, you are the one that has to pay the price and the sacrifice so that others may benefit, but don’t think what…. because that has been going on for many years, that true heroes and legends may stand up, so I’m fighting not for myself, but for a greater cause,

“The second part of transformation is a change of form, what is …, your output, your structure, the whole, the nature, the innermost part, form comes down to one thing, that is the truth, truth - ultimate truth is boundaries, is definitions, and limits, ..change..and form ,…., to understand your form and who you are, you have to understand the truth, you see ladies and gentlemen, the beauty about truth is that truth… truth is down to what you want to be. Apartheid, apartheid was the most righteous thing they could have done, that was the truth the white man chose to believe, the Bible, it supports apartheid, it supports the KKK, it supports all these white extremists, because that is the truth they chose to believe, that is the perception they have in the world - I remember growing up in high school saying I want to be a professional rugby player, and even now I’m of small stature compared to the other big boys, back then I was of even smaller stature, my teachers back then, I can even remember them by name, look at me in a way that said: ‘you will not make it’ - because that was their perception, but my truth was different to their truth, my reality was different to their reality, because of my perception, because I looked past and I saw the hope in the future … I went past the here and now and realised that there was a bigger picture,

“Let me talk about truth, we can decide our own truth, we can decide what is wrong or right and what we stand for, the inner man, once we’ve dealt with our nature, once we’ve harnessed the potential, the passion that we have, and instead of having this raging fire, we have a pinpoint laser that gets to the heart of our enemies with one shot, once we’ve harnessed that and used that and our form begins to mould around that, then we get to the purpose and the passion that is within,

“I would like to say about perception and transformation, that’s a very similar thing, I always want to change your perception, and you I want to change the way you think, look at me differently, you might think Luke Watson is arrogant, he’s this, he’s that, he’s controversial, he looks for attention, you might think that, if I spend my life trying to change the way you look at me, I will waste my time in this place and I will achieve nothing, but I tell what, I’m not going look at what you see, I’m not going to try and change your truth, I can’t change the way the world sees me, all I can do is change the way I see the world, I can’t change your perception, what I will do is change my perception and I will believe my truth, and not the truth that you believe, so all of a sudden your reality means nothing to me, the fact that you think I’m a loser, the fact that you think I can’t make it, the fact that you think I’m from a disadvantaged background means nothing to me, my truth tells me that I will make it, my truth says that my father made it, so it is genetically hidden, …..

“The final point, we’ve spoken about transformation, this term that we throw around, transformation in South African rugby, the final point about transformation, you need to change your nature, you need to change your form and now you need to change your appearance - your nature is that inner man, your form is the outer man and your appearance is beyond that, it is the beyond, because your appearance now is what they see when they look at you - appearance by definition: the way that something looks or seem, the way he appears, they way others see it, you say now because you’ve transformed your inner man, you’ve transformed who you are, now all of a sudden appearance becomes the ???? of your transformation, appearance becomes when you put that transformation into action, when you step out your boat and begin to walk on the water, when you look at the … and say that the waves have got nothing on me, because I believe that God has me here for a purpose, that there is a bigger picture and there is a plan, so your appearance, once you’ve dealt with the inner man, once you’ve dealt with your form, the third aspect of transformation is the way you walk and the way you talk, is the way you seize this opportunity, is the way you grab it with both hands and you say: ‘This is my day, this is my hour, this is my war and my battle, and no one is going to take this from me, transformation is the vehicle to your destiny, I’m not throwing some political twist to this transformation, I’m not saying transformation of South African rugby, I’m not saying transformation of the man next to me, on my left or on my right, I’m saying transformation of Luke Watson, because when I’ve transformed, when I’ve pushed on, when I’m alive, when I’m reaching for my destiny, the man next to me he will automatically get upset, the man next to me automatically gets uncomfortable, he looks at me and say: ‘There is something different about this man, there is something different about Luke Watson, he cant be bought - I can’t throw the Springbok jersey at him and expect him to beg for it, to catch on his knees, because it is not going to happen’ - because my heart, my soul, my very being, was stolen many years ago, by a cause far greater than my own

“When my father came home one day and said: ‘Luke, I want you to know, that where I’m going, I risk it all, I might lose you, I might lose your sister, I might lose your mother, you might lose me, I’m risking it all’ - I said: ‘Dad why?’ - he said: ‘Because I can, because I have the potential, because I have the ability, but in spite of everything, I have the vision’ - that was a man with a purpose, it was one of the most defining moments of my life,

“I’m sitting in Wellington last year, Super 14, a reporter comes up to me, he says: ‘Luke I interview your father Cheeky Watson about 20 years ago and I asked him: ‘Cheeky, why are you doing this? And Cheeky looked at me, and this is the defining moment in my life, when I got respect for him. he said: ‘Luke you father looked at me and said: ‘the reason I am doing this, is so I can look my son in he eye one day and say I made a difference, I stood up when others ran away, I faced the enemy when cowards fled, so I can look in the eye of my son one day and say: ‘I’ve made a difference.’

“Destiny is on your doorstep, I don’t care who you are or where you come from, tonight is an opportunity to grab hold of this message of transformation, to go forward - because we are so quick and easy to point at others and say why are you not transforming, have you transformed within yourself, are you creating hope, are you creating opportunities, are you creating a world for others that they can live, that they can be great in their own names and their own sake … are you creating that world and opportunities

“I stand before you as a man, that I can honestly say I’m transformed, it has taken many, many valleys, many, many mountains to get there - but before you transform, realise there is a bigger picture - I sat with my father, last year in the Springbok camp, I was in the hotel, I said: ‘Dad, I’m leaving. This place is despicable, it’s disgusting. The men won’t talk to me, they won’t greet me, the very coach won’t greet me, they walk past me, I sat at a table by myself, they wouldn’t eat with me, because I was a political pawn’ -

“But yet, Danie Craven has stadiums named after him, Danie Crave, the very man that said a black man will never play for the Springboks, he’s got stadiums named after him, he’s got traditions [tournaments] in honour of his name, statutes erected, but yet I’m a political pawn, the little white boy in the corner, that sits with his mouth shut eating by himself.’

“My father said: ‘Luke, unpack your bag.’ - I said:’Why?’ - He said: ‘Too many people, Luke, have bled, so that you can be here, whether you play or not, your very presence symbolises victory, symbolises a step forward, symbolises us coming up against South African rugby, an institution that is rotten to the very core

“Tonight I say to you in closing, you get two types of men in this world, men that when they are confronted by a mountain that their god would move the mountain on their path through, men of great faith, but then you get the second man, who .looks at that mountain and says ‘God give me the strength to climb to the top so that I may see but you,.’

“What type of man are you? Are you a man that’s hungry for greatness, hungry to confront that giant of the mountain today or the man that is looking for the easy route?

“I stand before you, I’m looking for giants…”

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as I thought. not the derogatory, springbok-jersey-burning rant its made out to be. Perhaps he could have been more diplomatic, but after the way he was steamrolled into the side I dont blame him.

To be thrown into that situation must have been hell.
People never seem to realise that other people feel and react to situations differently. If you dont want someone to get upset, dont p!ss on his shoes and if you do, dont get upset when he lets you know about it.
Theres too much damn politics in rugby and SA public is too quick to make up their minds before getting the facts.

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R80 Million tax bill for SA Rugby threatens to put the organisation under.

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So many of the big brave manne of old never had the guts to do what Cheeky Watson, Beyers Naude, Ronnie Kasrils, Peter Hain, Trevor Huddleston and others did: Stand up to what is wrong.

Instead WE (most of us) took the easy way out as we stood around out braai fires and talked shit:
Nelson Mandela? Terrorist. Next question.
What MANNE! We were shit-scared of PW, John Vorster, et al.

And have we learned anything from what should have been an incredibly humbling, humiliating lesson? Not really.

So: Are we now man enough to apologise to Luke for all the shit we have (yet again) spoken?

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You missed one Tony.

SARU and PDV give in to player’s request to play one more time for Jake White.

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Another fine mess Tony’s choms continue to hide with attacks on rugby!

Sport’s finances in a mess
23/11/2008 21:26 - (SA)

Johannesburg - Sports Minister Makhenkesi Stofile’s Department of Sports and Recreation is in a financial mess, according to the auditor general’s report released this week.

In giving the department a qualified audit, Sports and Recreation were rapped over the knuckles after they broke the law, had massive amounts of money either missing or unaccounted for, could not follow proper corporate governance procedures and paid irregular bonuses to employees.

Afrikaans Sunday newspaper Sondag published details of the report which formed the basis of a meeting between the Parliamentary Committee on Sport this week and the Auditor General to try and find a way of rectifying the problem faced by the department.

The newspaper reported that in the same week as controversial Parliamentary Sports Committee chairman Butana Khompela threatened “to take away rugby stadiums”, SA Rugby was narrowly beaten by Wales to the first worldwide Rugby Expo award for the best run rugby union on the planet.

SA Rugby beat out England, New Zealand and Australia for the honour.

While Stofile was actively gunning for the removal of the Springbok badge from the national rugby jersey, the Auditor General highlighted a number of critical problems in his own department, not the least being R2m which was paid to Boxing South Africa against the law and R4m which was paid to athletes, but for which there was no evidence that it ever reached the athletes.

Other matters that the report highlighted include.

- R2m which was paid to Boxing South Africa. According to the Auditor General there was no permission received from the National Treasury, as is required by law.

- Irregular bonuses paid to employees which there is no proof received.

- No records of assets and therefore no idea of what the department owns There is also R732 990 fewer assets as the department’s own asset register shows.

- Adjustments in the asset register of R562 000 which has not been explained sufficiently.

- No proper records of royalties received for the use of the Protea as national emblem. According to the report it seems as if as from August 1 2005, there is no or minimal records of royalties received.

- An amount of R4 018 714 which has been paid “to athletes”. There is no evidence that athletes received the money or that the Federations paid it over to the athletes.

- No evidence for “donations” of R100 000.

- “Irregular” expenditure of R6 081 000/

- Unauthorised expenditure of R674 640.

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JustAnotherBEEspiv - so you choose my choms these days days? Try the R80m tax bill that SA Rugby is having to chew on - heads will roll.

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Ah Tony, not attempt to even castigate my post, and your pals from the EC… straight back onto the SA Rugby attack…

Speaks volumes pal.

Care to tell me where the SARU rated in the world unions recently, and in front of whom?

Just another one-sided blogger eh?

Say hi to Cheeky from me.

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