Question NW3056 to the Minister of Sport, Arts and Culture
12 December 2023 - NW3056
Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture
(1). (a) what total number of legal cases has Netball South Africa (NSA) been fighting over the past five years, (b) with whom, (c) what were the dates of the specified cases and (d) what was the total cost of each case. (2). whether the cases involved NSA, as well as a certain person (Ms. C. Molekwane); if not, what is the position in this regard; if so, what are the relevant details. (3). whether NSA paid any legal costs incurred by the specified person (Ms. C.Molekwane); if not, what is the position in this regard; if so, what are the relevant details. (4). given that NSA and the person (Ms. C. Molekwane) are suing (a) a nongovernmental organisation and (b) an individual for the loss of the (i) Spar and (ii) Telkom sponsorships, on what dates were the specified sponsorships cancelled? NW4122E
Reply:
Netball South Africa (NSA) responded to the question in the following manner:-
1(a). We are aware of 5 pending legal cases involving NSA which have been launched within the past 5 years.
1(b)(c)(d). Theresa Rossouw vs NSA, Mpumalanga Netball Association and Minister of Sport and Recreation(2021 High Court Application for Review on Final Written, Warning issued against Ms. Rossouw - Cost Covered under Legal Retainer) after the record was issues the case was abandoned by Applicant with no legal costs).
Currently pending is with:
1. Ms. Dorrette Badenhorst (2023- Labour Court claim for monies owing and NSA, Counterclaim (legal costs covered by The Labour Counsel).
2. Joseph Taylor Mholongo 2023 (PAIA) request to compel disclosure (High Court) (legal costs covered by The Labour Counsel).
3. NSA vs WMACA and Olivia Jasriel (2022 – High Court Urgent Interdict Application - R40k – Finalised in NSA’s favour.
4. NSA vs WMACA and Olivia Jasriel (2023 - Defamation Action +-R15k for counsel – Matter pending, in court.)
(2). Both cases involving Ms. Molokwane do so in her capacity as president of NSA and NSA is therefore liable to defend same.
(3). NSA has not covered any of Ms. Molokwane’s personal legal costs and has acted to defend NSA’s good name and that of its president, in her official capacity as such. Legal costs of counsel have been covered by NSA; however, Attorney’s fees are covered under a general legal retainer.
(4). A lady by the name of Olivia Jasriel has been publicly defaming NSA (during hertenure with WMACA) and as a result of same, certain sponsors have indicated that they may not renew their sponsorships.
There have not yet been any actual cancellations, however the sponsors have raised their concerns. Regrettably, the same individual has also targeted our sponsors, making baseless claims and accusations against them. This unwarranted harassment has led to concerns among our sponsors, potentially jeopardizing our critical relationships with them. As a result, we have been compelled to continuously engage in explanations and provide evidence to refute the falsehoods propagated by this politician.
We firmly believe that these repeated and groundless attacks on NSA and our associates are not only unjust but also detrimental to the stability of our organisation and the preservation of our vital relationships. It is imperative that we continue to maintain the trust of our sponsors, stakeholders, and the
public at large. The claim for damages suffered by NSA is not only limited to the sponsors referred to in the question.
The Portfolio Committee’s responsibility and commitment is that of the Constitution of this country, and its impartiality in dealing with this matter should reflect that of a non-sexist, non-racial South Africa; recognising the importance of protecting the reputation and integrity of NSA, a civic movement, which is apolitical, and mandated to oversee and develop netball in this country.