Adv Maselle lodged a complaint with The National Horseracing Authority (“NHA”) alleging that the payment of bonus stakes “paid” by the Racing Association (“RA”) and to its members in respect of certain designated races, discriminated against those owners who (like Adv Maselle) were not owners of the RA and therefore did not qualify to receive the bonus stakes money. Apparently the source of the funds used to pay the bonus stakes is funds derived from Phumelela and a small portion from the Thoroughbred Horse Racing Trust. As such it was alleged, Phumelela was guilty of improper conduct which required the NHA to take disciplinary action.
The NHA appointed an Inquiry Board consisting of Judge Phillip Levinsohn and Advocate Guy Hoffman to investigate this complaint.
After hearing evidence from Adv Maselle and considering various documents, the Inquiry Board concluded that the NHA (and therefore the Inquiry Board) did not have jurisdiction to deal with the complaint. In any event, it found, that even if it had jurisdiction, it would have been inclined to find that there was no prima facie evidence that Phumelela was guilty of any improper conduct.
The finding was handed down on 7 May 2012.
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