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Time Out

Sectional Timing - Technical issues causing problems

The National Horseracing Authority have suspended Sectional Timing in Phumelela regions due to inacurrate data being generated by the system in use.

A Sporting Post reader drew attention to the fact that since approximately 31 January this year, sectional timing information has not been furnished to owners, trainers and the public and no reasons have been given.

He also pointed out that in January 2019, NHA CEO Vee Moodley had indicated that the regulatory body was satisfied that the sectional timing information was 100% accurate.

In a response to the Sporting Post enquiry, Mr Moodley said that despite the initial clearance given via a press release on 26 February last year, and the subsequent implementation of the enforcement of Racing Operator ‘s Condition 13, recent information at their disposal had indicated that the system appeared to be not functioning accurately and the integrity of the data generated for public consumption was thus in question.

“Phumelela were advised of the issues. They undertook to investigate the technical matters. I believe that the supplier has requested more time to test the equipment such that our queries could be answered,” said Moodley.

Phumelela have undertaken to revert to us in regard to more information in this matter.

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19 comments on “Time Out

  1. Kenny says:

    That’s what happens when you try to reinvent the wheel? Is it true that Larry’s son is the supplier?

  2. Barry Irwin says:

    Kenny, you hit the nail right on the head, sir. That is the ultimate downfall of jurisdictions and governments who try to do exactly this, and why in spite of all the PR I have serious doubts that the export protocol will ever be successfully accomplished, as it suffers from the same affliction. I raced for a time in South Korea, a locale known for reinventing the wheel, and left there as their breakdown rate on their horrible racing surface was the worst on record. Most of the successful racing jurisdictions are the ones like Hong Kong, which went to British Racing as its model and sought expert assistance. They did not try to reinvent, they opted for expertise. Sadly, based on my dealings with and observation of locals within the horse racing industry in South Africa, I must attribute a large portion of this attitude to be related to xenophobia.

  3. Graham Hurlstone-Jones says:

    “the integrity of the data” !! thats funny coming from the NHRA….integrity….. I warned you….Nothing is safe in SA racing …..its all about personal self interests. Who keeps the info ? where is it stored ? can it be manipulated ? of course it can….( not like the tote is every day, never… )…..They need to go and fine tune the system ( ANC does this )…..and its only early March….

  4. Chris Swart says:

    More nepotism and rampant ineptitude.
    The sponsor of thethe countries biggest race can track a rugby player for 80 minutes with tackles, time on ground, impact, yards gained, highest speed, average speed and heart rate.

    Yet this clown invoiced millions

  5. WILLIAM MILKOVITCH says:

    I’d like to dedicate Lindsey Buckingham’s album “Law & Order” highlighting his hit “Trouble” to this post.

    I should run on the double
    I think I’m in trouble

  6. Cecil Pienaar says:

    Ja Nee, definitely a few things money can’t buy..

    Respect
    Common Sense
    Integrity

  7. WILLIAM MILKOVITCH says:

    Rand /£ 20.51 to 1 1,47% weaker

    One of 50 bad indicators today.

    On the double, I think we in trouble…. so true Cecil

    1. Editor says:

      Anything positive?

  8. Pieta says:

    Barry Irwin, why has America been so bad to you and your clients?

  9. A foreign owner says:

    I need to put some facts straight.

    The NHRA has not suspended sectional timing.

    Horses are still being timed and sectional devices are being used. Ask any trainer.

    Owners and trainers are not getting the timing information of their horses.

    The NHRA is not being fair. It is favouring PGL and its contractors over the rights of owners and trainers. Somebody is getting the timing information and using it unfairly.

    It is really disgusting that owners have not been told anything by the NHRA.

    Owners need an explanation and immediate clarity from the NHRA.

    I believe that this is issue is so important that in the corporate world, the entire management of the NHRA would lose their jobs for poor performance. Guarenteed sheltered employment seems to have its benefits.

    The daily criticism of the inability of the NHRA to perform its functions and of Vee Moodley grows a lot louder and justifiably so.

  10. Roderick Mattheyse says:

    Anything positive you ask Editor…. Life is a tote pool, punt it all night long!!! For every winner there is a loser, you just got to sort the take out

  11. MGram says:

    I have a few questions but for the time being all I want to know is how was this system certified as accurate by the NHA?

  12. George Spelvin says:

    How is it that Phumelela escapes wrath? They not only went ahead with this nonsense but reinvented the wheel. Has Phumelela had anything to say or are they simply sitting in a corona virus shelter somewhere, short of breath and devoid of speech?

  13. Brett Maselle says:

    I sent a long email to Arnold Hyde of the NHA on 14 January 2019. It was copied to Vee Moodley.

    I have found the conduct of the NHA regarding sectional timing to be wanting in transparency and trustworthiness.

    I set out below a copy of the email. I have edited the email but it remains long and many may not have the willingness to read it, which is their prerogative. However, should you read this in its entirety , you may become better informed regarding the facts and what transpired behind the scenes.

    Despite giving Arnold Hyde every opportunity to deal with the content of mt email, he chose not to do so left me to conclude that he did not dispute the contents.

    From:….. B Maselle
    Sent: Monday, 14 January 2019 11:59
    To: ‘Arnold Hyde’
    Subject: SECTIONAL TIMING – COMPLAINTS
    Importance: High

    Dear Mr Hyde,

    1. As is evident from the subject heading, this email this email deals with sectional Timing. At the outset, kindly note that the content of this email is most definitely not exhaustive of all facts and issues.

    Preliminary

    2. ………………………

    3. ………………………

    Sectional Timing

    4. You have been the driving force in the NHA behind Sectional Timing. You have favoured some to the prejudice of others. You have not acted impartially. Some of your conduct is documented. I have been messed around by you and Mr Barends regarding Sectional Timing. What applies to me also applies to every owner, trainer, punter and breeder.

    Kowtowing to the Operators and the RA // Acting outside your authority and powers

    5. Inasmuch as Sectional Timing has been an issue for several years, I will deal with what I believe to be the most important aspect regarding Sectional Timing. Obviously, the other issues which I set out are also important. You have an opportunity of remedying the situation. You should do so forthwith. The upshot of this issue – as will be seen below – is that you took it upon yourself to assist and/or cause Phumelela to change its Operators Conditions to make it peremptory that every horse in Phumelela territories (except Western Cape) has to ride with sectional timing equipment and if not the horse would be scratched. Your conduct in this regard has created a situation whereby you have allowed the Operators to circumvent the NHA rules and Constitution. The Operators have no right to unilaterally and/or with your help to amend their Conditions without first obtaining the approval of the NHA National Board. Through your unlawful conduct, you have allowed the tail to wag the dog, so to speak. You have allowed the Operators to amend their conditions and in doing so to regulate horse racing in Southern Africa. Regulation is the job of the NHA. The Operators cannot tell the NHA what to do and how to do it. Unfortunately, this has become the case when Sectional Timing is concerned. Your distasteful and arrogant conduct as detailed below in my emails to the NHA has caused me and many other owners and trainers harm. Throughout the period of my complaints, you and the NHA have adopted an unreasonable stance. You favoured the Operators as opposed to being neutral and unbiased and regulating in that manner.

    6. On one occasion one of my horses was scratched because of me objecting. You interfered in the process. I had to allow my horses to run with sectional timing equipment under protest and with the fear that should they not have sectional timing equipment, they would be scratched. You were involved in unlawfully interfering with my rights of ownership. You would have discussed the with Mr Barends or prepared some responses for him. You received copies of some of the emails. Since you were the individual involved in changing the Operators Conditions, you would have had knowledge of the majority if not all communications between me and the NHA. Your wrongful conduct and involvement in this regard is set out in the emails below. For ease of reference I have highlighted references to you. Kindly note that all aspects of each email sent by me is material.

    7. On 26 March 2018, I addressed an email to you and Mr Barends which states:-

    Dear Mr Barends and Mr Hyde,
    1. I am advised by Mr Ferraris that chief stipendiary steward Lyle Anderson informed him after advising the stipendiary stewards of the central provinces that he did not want his horses to run with sectional timing devices that the rules were going to be changed to make it obligatory on owners and trainers to have sectional timing devices on their horses.
    2. You are hereby informed in advance that:-
    a. I am opposed to and object to such a rule being implemented.
    b. I will be seeking reasons in terms of PAJA from the NHA, in particular the National Board, for implementing such a rule.
    3. If the National Board and/or the relevant committee has not formally decided upon such a rule change, then it appears that a decision has been made by some without due regard to due process.
    4. If the changes are to be incorporated in the operators conditions, then and in that event, the NHA remains obliged to consider the additional conditions in full and will be required to reject or accept them. Whatever the case may be, I remain opposed to the changes and will be seeking reasons from the NHA in terms of PAJA. The operators have no right to unilaterally change the conditions. The NHA remains the regulator and has the final say on this aspect. If the NHA says it does not have the final say, the operators have no right to impose a condition on me or other owner and/or trainers without our consent.
    5. All of my rights are reserved and nothing herein contained should be regarded as a waiver of such rights. Inasmuch as I do not have full details of the intended changes, I reserve my rights to add to and amplify any aspect raised herein.
    Brett Maselle

    8. On 3 April 2018 and prior to 12hOO I received and email from Mr Barends which had also been copied to you. It stated:-

    Dear Adv Maselle
    We are in receipt of your email as below. We are considering the contents thereof and will respond in due time. Regards,
    Lyndon Barends

    9. Shortly after receipt of the aforesaid email, I received another from Mr Barends which was also copied to you. It states:-

    Dear Adv Maselle
    Further to your email below wrt Sectional Timing.
    We have no plans to implement compulsory usage of the sectional timing devices until such time that all issues have been sorted out.
    We have informed the Operators previously that the information should be available to all before we move ahead and this seems some way off after recent developments.
    Regards,
    Lyndon Barends

    10. On 6 April 2018, I addressed Mr Barends wherein you were copied. The issues I raised were pertinent:-

    Dear Mr Barends,
    1. Thank you for your email below.
    2. I note that the NHA does not dispute the content of the conversation between Mr Ferraris and Mr Anderson. Have you enquired from the NHA stipes whether any of them have had a discussion with trainers or any other person similar to that of Mr Anderson and Mr Ferraris? I ask because I believe that the NHA has an obligation to ensure that owners and trainers are not misled into incorrectly believing that their horses are required to carry sectional timing equipment and have their times monitored. I believe that the NHA needs to and must publish a note to all interested parties that currently there is nothing compulsory about sectional timing and that trainers and owners are entitled to refuse to take part in the sectional timing endeavours of the RA and Phumelela.
    3. I am somewhat perturbed that you say that “We have informed the Operators previously that the information should be available to all before we move ahead and this seems some way off after recent developments.” Oddly and despite several exchanges between us, you did not convey the aforegoing to me. In fact, you led me to believe something completely different. Our previous exchanges confirm that you were telling me something different to what you were telling the Operators. If you did inform the Operators as you say, why has the NHA not made this known to everyone involved in racing (including punters)? More importantly, the NHA would have known that everyone was not getting the information (as I -as an example – had informed you) yet the NHA allowed the sectional timing to continue and continues to allow the timing. Surely, you and the NHA are aware that you are giving an unfair advantage to others. This conduct on the part of the NHA and the parties involved in timing and using the information is unconscionable and may be a delict entitling losers to sue for return of their losses because the NHA failed to act correctly and/or without negligence. Furthermore allowing sectional timing without explaining the ramifications thereof may be seen as an interference in the rights of ownership of owners and the rights of trainers.
    4. To be fair, I afford you until 16h00 on Monday 9 April 2018 to give notice to all about the state of sectional timing and that it is not compulsory and may be refused. Should you not do so, the Sporting Post is hereby afforded the right to publish any of the correspondence exchanged.
    5. All my rights are reserved.
    Brett Maselle

    11. On 10 April 2018, I addressed Mr Barends as follows:-

    Dear Mr Barends,
    I note that despite the time limit set by me, you have refused to acknowledge and deal with my email below. That is your prerogative and confirms your previous arrogant conduct.
    Please note that the content of this email contains serious allegations about and regarding you. You are invited to deal with them. Your failure to do so, is at your peril.
    You will recall stating the following to me the following, inter alia:-
    “With regard to your comments on sectional timing, the NHA has investigated the matter and is informed that, the information gathered from the sectional timing devices has been based at the National Racing Bureau. The information, which will eventually be published by Phumelela, is sent directly from the race course to a Company in the United Kingdom via “drop box”.
    Therefore, it is not the case that only certain persons are acquiring information for their own benefit as suggested by you…..” (‘first statement’)
    I have on a few occasions informed you amongst other things that I did not believe that a proper investigation could have been undertaken. You took exception to my comments and stated:-
    ”I have been forthcoming with all information regarding the investigation undertaken and have considered your numerous queries in great detail over a long period of time. Therefore, I take expection to you stating that you doubt that the NHA has undertaken an investigating and in particular, that my word is misleading.
    You have consistently been invited to submit tangible proof regarding your various allegations however, you are unable to do so.” (‘the unhappy comment’)
    Instead of you accepting that your and/or the NHA’s investigation was inept, you have chosen to take an approach which is in direct conflict with the your earlier approach namely that, inter alia: “We have informed the Operators previously that the information should be available to all before we move ahead and this seems some way off after recent developments. I take the allegations made by you very seriously however, unless you are able to substantiate them, this will have to be my last email to you regarding these matters.” (‘second statement’)
    I have shown you that you have misled me and not been frank. In this regard, a Sporting Post article recently stated that for a period of time, Tellytrack.com has been getting the sectional timing information. This needs to be answered by you:-
    • Which one of your two statements is true?
    • Why have you and/or the NHA undertaken a volte face regarding details and knowledge of sectional timing?
    • Why are you and/or the NHA unwilling to give a full account of what has transpired?
    • It is clear that you are protecting yourself, but, who else are you protecting by not being forthcoming and transparent with the facts?
    I continue to say that a proper investigation was not undertaken. You cannot seriously continue to suggest that the investigation yielded the correct answers. The NHA rules set out how an investigation is to take place. It sets out who can be a part of the investigation and who cannot be. You certainly cannot be involved.
    I am aware that other than the National Racing Bureau and the Overseas Company as alleged by you (and we through Sporting Post now know that Tellytrack also gets the information), there is third party company other than the UK and/or SA based Equimotion Technologies companies that acquires the sectional timing information and receives a benefit therefrom.
    You have asked me before for more details. If you and/or the NHA had undertaken a proper investigation, you would know the details of this entity. You may want to ask Mr Rian du Plessis and/or Mr Clyde Basel and/or a representative of the Racing Association who has knowledge of the facts. I again ask you to please do your job. Should you not take this matter further, I will make all the facts known.
    I refuse to furnish you with any further information because I do not trust you. You have continually shown me that you are unreliable and talk a big game instead of doing what is necessary. If you want the details then I want assurances from you in writing that prior to me informing you of the names of the individuals and the entity you will advise me in full of the investigations undertaken by the NHA regarding the investigations mentioned in the first statement and the unhappy comments. I also want the names of the NHA persons who allegedly investigated the matter and the names of the persons contacted as well as any notes made and/or emails exchanged in this regard by the relevant persons. I am willing to write down the necessary information in a sealed envelope and place it in trust with an attorney of your choosing prior to you furnishing me with the information.
    Obviously, you will use the information from me to take disciplinary steps against the NHA investigators and any other person who furnished you with the first statement which is an out and out fabrication.
    You are hereby afforded until 20 April 2018 to accept or reject the above offer by way of a written email to me. It falls away on 21April 2018. Thereafter, if not accepted, you must appreciate that I will act as I believe is necessary in the circumstances.
    Kindly note that even though you may not accept my reasonable offer, I require you to respond to the 4 (four) questions set out above as well as the issues relating to you and/or the NHA changing versions.
    In light of the above and as a gesture of goodwill the dead line set in my email above will be extended to 20 April 2018.
    All of my rights remain reserved.
    Thank you,
    Brett Maselle

    12. On 12 April 2018, Mr Barends answered as is set out below:-

    Dear Adv Maselle
    I take note of your email and comments. I do not wish to deal with allegations and unsavoury comments.
    Unfortunately I’ve been away on a few days leave and hence you did not get any response directly from me.
    With regards to your offer – I’ll consider it and revert. I’m confident that the information I suppled to you I received from my credible internal staff. However, I’ll revert on your offer if this will assist the process.
    Thanks and regards,
    Lyndon Barends

    13. On 20 April 2018, I received the following email from Mr Barends:-

    Dear Adv Maselle
    I note the contents of your email dated 10 April 2018.
    The NHA has for a period of time, monitored the implementation of the sectional timing devices. It is clear that over the period in question, the technology was changing and being developed in order to ensure that the public would have access to accurate sectional timing information. Throughout this process, you have raised a number of concerns. These have each been investigated by the NHA and time was taken to provide you, as a member, with a reply.
    Despite the changing technology and various issues, you were informed at all material times that, once the information is ready, it will be made available to the public. In this regard and as per our undertakings to you, the information is now available on the Tellytrack.com website.
    From an NHA perspective, we are satisfied that the public now have the opportunity to access the sectional timing information, the devices are not harmful to the horses and that the concept of sectional timing is in the best interests of horseracing.
    Notwithstanding the above comment, the NHA is always driven to act in a manner that is fair and integral. In this regard, I again request that, should you be in possession of information which shows that there are individuals who have contravened the rules then, I urge you to submit such to the NHA.
    Regards
    Lyndon Barends

    14. On Wednesday 30 May 2018, you and others were at an industry liaison committee meeting. Sectional timing and a change to the local conditions were discussed. The minutes on this aspect record the following:-

    2.1 Sectional Timing
    Mr Wainstein said that the only thing from a discussion point of view is that sectional timing should be going out to trainers. It is available on Tellytrack.com for persons who want to view it. Lyle Anderson said there had been an incident relating to Mr Ferraris. Mr Wainstein said he had spent some time with Mr Ferraris earlier in the week and had resolved a number of problems after which Mr Ferraris was satisfied with the system. Mr Wainstein said that all trainers were receiving the information via their emails.
    Mr Hyde said that Mr Harrielall and Basel have reworded the rule for the change to the local condition. He was waiting for the final approval from them. Thereafter this would need to be sent out to all trainers for comment.
    Mr Briton submitted the following report: Publishing are still testing data. Reported as 90% there but testing another data sample set today to confirm if certain issues have been resolved (30 May).

    15. On 31 May 2018, the National Racing Bureau sent out the following notification to trainers:-

    NOTICE TO TRAINERS (PHUMELELA REGIONS)
    CHANGES TO THE NATIONAL RACING OPERATOR’S CONDITIONS
    Your attention is drawn to the following changes which will be in effect from Monday, 4 June 2018:-
    13 SECTIONAL TIMING EQUIPMENT
    13.1 Any Horse or Rider that has been declared/entered to run in a Race shall be equipped with a sectional timing device as determined by the Operator.
    13.2 It shall be an offence prosecutable in terms of the Rules of the National Horseracing Authority, for any person to remove, tamper or interfere in any form or manner with any sectional timing equipment.
    13.3 Any horse which fails to carry a sectional timing device as contemplated in condition 13.1 above, shall be withdrawn from such Race.
    Yours sincerely
    Aveen Sewpersad
    National Racing Bureau Manager

    16. The conditions were implemented despite you specifically stating that they first had to be sent to trainers and commented on. It appears that you may have had a direct hand in these operators changes.

    17. On 8 June 2018, I addressed an email to Mr Barends. You were also copied. The mail states:-

    Dear Mr Barends,
    I appreciate that you may grow tired of hearing from me. Please understand that I send you emails, which relate to me and/or horse racing and which I believe are important or material.
    Since the date that the NHA and the Operator’s allowed sectional timing devices to be used on horses – without any rule having been discussed and/or implemented and without any regard to owners’ rights and consultation with owners and trainers – I have been opposed to sectional timing devices being placed on my horses. Moreover, I have constantly complained that third parties were obtaining the sectional timing information and using it for their own purposes while the owners and trainers whose horses were timed were not given that information nor was the racing public. You responded to me that my complaint regarding the information being disseminated to others was without foundation and unsubstantiated after having undertaken an investigation. I questioned whether you did undertake an investigation (keeping in mind an investigation in terms of the rules involves an inquiry) and advised that if you did, inter alia, you had the wool pulled over your eyes.
    On 31 May 2018, the NRB notified trainers that sectional timing conditions had been imposed by Phumelela. In my opinion, the conditions are contrary to the rules and constitution of the NHA and in any event could not be imposed without the NHA national board agreeing thereto. At date of the announcement, I ascertained that the National Board had not met or voted on any changes to the NHA rules and/or the Operators conditions regarding sectional timing. I remind you of your email to me wherein you made certain undertakings regarding sectional timing. I believe that the recent developments and/or changes are in conflict with what you have stated to me or at the very least indicate that you are not in control of the situation despite you believing so.
    As you may know, I addressed a complaint, via WhatsApp to a NHA board member and several persons in horseracing regarding the Operators recently imposed conditions relating to sectional timing devices which the NRB published to all trainers as being effective on 4 June 2018. I was gobsmacked when the NHA failed to respond to my complaint. This is a serious issue. The conduct of the NHA management regarding my complaint indicates an arrogant and indifferent attitude. Given the content of the Operators new conditions and the uninterested approach of the NHA to my complaint, I was forced to attend at the Vaal Race Course yesterday as I had a horse running, namely Prima Ballerina, in the fifth Race and I was not prepared to allow her to run with sectional timing devices. Well in advance, my trainer and part owner Scott Kenny, approached Mr Lyle Anderson of the NHA stipendiary Board to advise that I objected to sectional timing advices being used on Prima Ballerina. To our amazement, Mr Anderson retorted that my horse (and others in the race) will run without sectional timing equipment because the conditions would only apply commencing Friday, 8 June 2018. My horse was not scratched and she ran.
    The letter that went out by the NRA to all concerned was unequivocal in that the conditions commenced on 4 June 2018. Trainers and Owners were not informed that the conditions changed to be effective only on 8 June 2018. I have spoken to Mr Ferraris who has informed me that he is against sectional timing and that Mr Anderson was well aware of this fact. He had a horse running on Tuesday 4 June 2018 at the Vaal in the last race. Had he been told that the sectional timing devices were not mandatory on 4 June 2018, he would not have allowed a sectional timing device on his horse. I feel misled by the NHA.
    I have a runner on Sunday. You are hereby notified in advance that I do not want sectional timing equipment on my horses. My horses will not run with sectional timing devices. Should the NHA scratch my horse/s I will litigate as it will mean that none of my horses can ever race. I will bring to the attention of the Court, everything that has crossed between us in relation to sectional timing. The sectional timing device issue, is an issue between owners and the NHA. Neither the Operators nor the NHA have any right to negatively interfere in my rights of ownership in my horse.
    Should the NHA committee deal with this issue, Mr Wainstein needs to be excused as he has a personal benefit and so should any member of the RA and employee of Phumelela who indirectly or directly agrees with the sectional timing condition. Moreover, since I have lodged a complaint against Mr Hyde on another issue, he has a personal interest due to his dislike for me and he should not be involved in considering this issue on the Rules Committee.
    While talking about Mr Hyde, I understand that in a Liaison Committee meeting on 30 May 2018, Mr. Hyde discussed sectional timing – without a mandate from the Rules Committee of the NHA and the National Board of the NHA – wherein he informed all present that he was aware that the new conditions had been reworded and he was waiting for final approval from them. Mr. Hyde also told the meeting when he received the wording for the new conditions, he would sent it out to trainers for comment. It appears that Mr. Hyde thinks he is a law unto himself when he has obligations to the NHA and horseracing to follow due process. In addition, as you know, trainers were not given an opportunity to comment.
    Whichever way you look at it, the new conditions are unlawful. Should the NHA scratch any of my horses for me not allowing the devices to be used on my horses, such conduct will be unlawful and met with litigation.
    Kindly note that this email is not to be regarded as being exhaustive of all facts and issues. I will, when necessary, raise such further and/or additional facts and issues.
    Brett Maselle
    Colour Holder.
    PS excuse any grammar mistakes.

    18. On 11 June 2018, I addressed an important email to Mr Barends and in this regard you were also copied. The email deals with you having acted unlawfully and, inter alia, implemented operators conditions as well as incorrectly interfered in decision making. I set out the following facts and views:-

    Dear Mr Barends,
    1. I refer to my email below. I have not received the courtesy of an acknowledgement or reply from any of the addressees save for Mr Scott.
    2. I address you to record various facts and events which all relate to sectional timing of horses within Southern Africa.
    3. This email must not be regarded as being exhaustive of all the facts and events. I have previously expressed some of them and I reserve my rights to advance additional and/or further facts and events.
    4. The filly, Matanuska, of which I own 50% was nominated and accepted by my trainer and part co-owner Scott Kenny, to run in the eighth race at Turffontein on 10 June 2018 over a mile on the outside track.
    5. I noted that despite my email below, Matanuska had not been scratched by the Central Provinces Stipendiary stewards. As a result, I was forced to attend at Tuffontein racecourse to ensure that Matanuska did not run with any sectional timing device. I am informed that Mr Kenny approached the Stipendiary Stewards after the fifth race (I think) and advised that I was objecting to Matanuska running with sectional timing equipment. Mr Kenny was asked if I understood that if Matanushka did not wear sectional timing equipment she would be scratched. After the seventh race, I attended with Mr Kenny at the offices of the stipendiary stewards. There were several persons present regarding what transpired. This is what occurred.
    a. I introduced myself to the Chief Stipe Mr Anderson.
    b. I informed him that Matanuska would only run in the eighth race without sectional timing equipment.
    c. Mr Anderson informed me that she had to run with sectional timing equipment because of the local operators conditions making it peremptory.
    d. I advised Mr Anderson that I believed that the local operators conditions were unlawful and contrary to the rules of the NHA.
    e. I asked Mr Anderson if he had received my email of Friday to which he stated that he did. I expressed my disapproval of the disdainful manner in which I perceived the NHA to act towards my complaints.
    f. I briefly mentioned to Mr Anderson that I found it wrong for the horse to be scratched only at such a late stage when he had received my email on Friday and Mr Kenny had earlier informed the Stipendiary Stewards. I also mentioned that punters were being prejudiced by the conduct of the NHA.
    g. Mr Anderson reiterated that if Matanuska did not run with sectional timing she would be scratched. I told Mr Anderson that the NHA was forcing me into a corner and that they were forcing me to go to court.
    h. I was informed by Mr Anderson that he had received a directive that Matanuska had to be scratched if she did not wear a sectional timing advice. I asked him who furnished him with this directive and was told in no uncertain terms that it was Mr Arnold Hyde.
    i. I stated that since the Stipes were going to scratch my horse based on a directive from Mr Hyde, I wanted the Stipes report to state that Matanuska was scratched for not wearing sectional timing equipment on the instructions of Mr Hyde. Mr Anderson never disagreed with this and I assumed that the reasons would be set out as stated by me and correctly in the Stipes report.
    j. I told Mr Anderson that it could transpire that my horses will be entered into races and accepted and then the NHA would have to wait to hear from me as to whether it could scratch my horse for not wanting to place sectional timing on it. [Note to the reader : on reflection and having regard to the contents of my email below, I was incorrect in raising the aforesaid issue]
    k. After the aforementioned, I repeated to Mr Anderson that I wanted the Stipes report to state that Matanuska was scratched for not wearing sectional timing equipment on the instructions of Mr Hyde. Again, Mr Anderson never disagreed with this.
    l. While leaving, I informed Mr Anderson that if the NHA is doing the work of Phumelela and the NHA does not regard the conditions imposed to be unlawful then the NHA was obliged to prosecute me in terms of the local conditions. I invited the NHA to prosecute me so that I could hopefully show it the error of its ways.
    6. Shortly after I left the Stipes office, it was announced on the racecourse that Matanuska had been scratched. I found it odd that no reasons were forthcoming for the late scratching.
    7. Thereafter, the eighth race was run. The tote favourite finished unplaced. All punters who had played Matanuska in their Place Accumulators, Pick Sixes and Jackpots lost out and were prejudiced by the late scratching. Clearly, the NHA represented by Mr Hyde had made a choice to prejudice me and my co-owners and punters by scratching Matanuska. The conduct of the stipes and Mr Hyde makes little sense. They all knew that the NHA National Board had not resolved to allow the Operators to implement such a condition. At this point in time, Sectional timing benefits Larry Wainstein and a few others indirectly. It does not benefit owners and punters and is clear cut infringement on an owners rights of ownership in relation to their horses.
    8. During the evening of 10 June 2018, I viewed http://www.sahorseracing,co.za and noted that it was reported that the Clerk of Scales had scratched Matanuska at 16h04. If it was the Clerk of Scales, then there is a serious problem. Notwithstanding, punters were never told of the reasons and the website was misleading in the extreme.
    9. The Stipes report state the following regarding Matanuska:-

    10. The Stipes did not report the true reasons for scratching Matanuska. I believe that the report as it presently stand is misleading. Matanuska was scratched as a result of the directive of Mr Hyde. The stipes did not exercise any discretion as it was taken away from them by Mr Hyde. A scandalous state of affairs, to say the least.
    11. What makes matters worse is that the following is recorded in the minutes of the Industry Liaison Committee meeting of 30 May 2018. The bold is my emphasis:-
    “Sectional Timing
    Mr Wainstein said that the only thing from a discussion point of view is that sectional timing should be going out to trainers. It is available on Tellytrack.com for persons who want to view it. Lyle Anderson said there had been an incident relating to Mr Ferraris. Mr Wainstein said he had spent some time with Mr Ferraris earlier in the week and had resolved a number of problems after which Mr Ferraris was satisfied with the system. Mr Wainstein said that all trainers were receiving the information via their emails.
    Mr Hyde said that Mr Harrielall and Basel have reworded the rule for the change to the local condition. He was waiting for the final approval from them. Thereafter this would need to be sent out to all trainers for comment.
    Mr Briton submitted the following report: Publishing are still testing data. Reported as 90% there but testing another data sample set today to confirm if certain issues have been resolved (30 May).”
    12. The following is apparent from the minutes; Mr Anderson, the chief stipe of central Provinces and Mr Hyde were present at the meeting. Mr Hyde informed the horseracing industry as a whole that as soon as he had received the changed local conditions, the intended changes to local conditions would have to be sent out to trainers for comment. Phumelela was represented by Mr C Basel, Mr N Harbott and Mrs S Tem Tem. Larry Wainstein was also present representing the Racing Association. All of this was accepted by Phumelela and the Racing Association without demur. It is a unequivocal fact that the local conditions were not sent out to trainers to comment. On 31 May 2018 the NRB advised all trainers that the (unlawful) local conditions were to take effect on 4 June 2018. It is bothersome that Mr Hyde and Mr Anderson knew that the desired local conditions had not gone out to trainers for comment as undertaken, yet they allowed them to be imposed by Phumelela and they did whatever they could to implement the conditions. In addition, Mr Anderson and Mr Hyde would have known or knew that the National Board had not approved the local conditions. Despite everything, a bad and unlawful decision was made to cause Matanuska to be scratched the prejudice of many.
    13. The local conditions of the Operators have been unlawfully amended to state:-
    “13 SECTIONAL TIMING EQUIPMENT
    13.1 Any Horse or Rider that has been declared/entered to run in a Race shall be equipped with a sectional timing device as determined by the Operator.
    13.2 It shall be an offence prosecutable in terms of the Rules of the National Horseracing Authority, for any person to remove, tamper or interfere in any form or manner with any sectional timing equipment.
    13.3 Any horse which fails to carry a sectional timing device as contemplated in condition 13.1 above, shall be withdrawn from such Race.”
    (the bold is my emphasis)
    14. Strangely, the date of the implementation of the unlawful conditions is set out on the page of the website https://www.sahorseracing.co.za/sahr-bin/mprog# as 31 May 2018 despite the condition supposedly only coming into effect on 4 June 2018. Remember that Mr Anderson allowed my horse, Prima Ballerina, to run on Thursday 7th June 2018 without any difficulty. On this aspect, there is zero consistency on the part of the NHA. The conduct of the NHA is outrageous, to say the least.
    15. I point out the following: I doubt that the Operator – represented by its duly authorised person/s – had prior to date of this email specifically informed the NHA of the details of the sectional timing device. In terms of the unlawful conditions, the Operator is obliged to determine the sectional timing device. I am aware that the sectional timing device has changed from time to time. The Operator would have been required to notify the NHA – in writing – of the details sectional timing device. If the NHA did not know and/or does not know exactly what sectional timing devices the Operator has determined, then and in that event, the NHA has no right and no obligation to withdraw any horse from a race. I request proof from the NHA that it has received notification of the sectional timing device as determined by it, if any and I also request the date of sending and the NHA’s acknowledgement of receipt thereof. I do believe that given the above, the NHA had no right to scratch Matanuska.
    16. Another issue:-
    a. are you aware that the NHA has been given an obligation in terms of the unlawful conditions to ensure that a working sectional timing device as prescribed by the Operator is fitted into every saddle on every horse? The NHA cannot take the word of the person fitting the device to the horse as that person is not employed by the NHA. Moreover, the person is not employed by Phumelela.
    b. The stipes reported that an investigation will take place in respect of the scratching of Matanuska. As I understand, the unlawful conditions, there is no penalty for a person refusing to allow their horse to be equipped with sectional timing devices. What help will an investigation do. You know the facts.
    17. Importantly, I know that the trainers in the Western Cape are refusing to have sectional timing devices placed on their horses. This unlawful condition of Operators cannot distinguish between owners of different provinces. Either the unlawful conditions apply to all or they do not apply. I look forward to the excuses made by the NHA regarding this aspect and it trying to suggest that Western Cape is not a Phumelela region and that for Gold Circle regions the unlawful conditions do not apply.
    18. You are no doubt aware that Phumelela has undertaken a forensic audit of issues relating to sectional timing. I have noted that the sectional timing issues have recently been hurried by Mr Wainstein and Mr Basel. It makes no sense to me that Phumelela would cause the local conditions to be changed without permission of the NHA, hearing from trainers and agreement of the industry when it has caused a major enquiry into the whole issue of sectional timing. It furthermore makes no sense that the NHA is acting in such an arbitrary and unlawful manner. I suspect there is a lot of personal and vested interests in this issue.
    19. Again, I remind you of your email to me about sectional timing.
    20. I know that the information furnished to trainers regarding their horses performance when using sectional timing is vastly different to the information provided to the public on the pay website of http://www.tellytrack.com Whichever way you may consider the facts, punters and owners as well as trainers (regarding horses not trained by them) are not getting the same sectional timing information. Who benefits?
    21. I repeat my rights of ownership are being infringed unlawfully.
    22. Please consider the aforegoing and revert to me with your comments and confirmation that the conditions are unlawful and that Matansuka should not have been scratched. As I have previously said, I wish to avoid litigation, however, should you not see reason, I will be forced to proceed against the NHA.

    Regards
    Brett Maselle
    Colour Owner

    19. On 12 June 2018, Mr Barends responded as follows:-

    Dear Adv Maselle
    I have noted the contents of your email.
    Please be advised that:
    1. the NHA is satisfied with the sectional timing devices which are being used, however we are communicating with the Operator to ensure that the all data is correct;
    2. the decision of the Stipendiary Steward to scratch your horse is in line with the conditions of the race and the recording in the Stipes Report is therefore accurate;
    3. the NHA is not of the view that the local conditions are contrary to the rules or its processes.
    4. the changes to the National Racing Operator’s Conditions (Phumelela regions) was in effect from Monday, 4 June 2018. As such any horse that was entered/declared to run in a race from
    this date would be withdrawn if it failed to carry a sectional timing device in a Race. So there is no problem with the dates as per your email.
    The NHA again reiterates that it is of the view that sectional timing is a positive move forward in horseracing and we must all try our best to ensure its implementation.
    Regards

    20. On 24 June 2018, I responded to the brief and unhelpful email of Mr Barends. I stated the following:-

    Dear Mr Barends,
    1. I refer to your email below. I do not intend to litigate by way of correspondence. As a consequence, my failure to deal with any of the allegations in your email must not be construed as an admission thereof. I reserve my rights to deal with your allegations when I proceed against the NHA. Notwithstanding this, I record and confirm that:-
    a. You have not dealt with the majority of the facts set out by me in my email of 11 June 2018. As a consequence, I will regard them as being admitted. Should you disagree with anything set out by me in that email, please advise why you did not do so in your email under reply and also inform me of the reasons why you disagree.
    b. You and Mr Hyde have determined that:-
    i. the NHA is required to follow and implement the conditions imposed by Phumelela regarding sectional timing.
    ii. should any horse not wear sectional timing equipment it must be scratched by the stipendiary stewards. This is a directive given by Mr Hyde to the stipendiary stewards of the Central Provinces.
    c. The National Board of the NHA has not:-
    i. met or discussed the recent sectional timing conditions imposed by Phumelela on trainers, owners and the NHA.
    ii. investigated whether the ownership rights of owners and/or trainers rights are unfairly infringed upon.
    iii. resolved that the sectional timing conditions are lawful and/or should and/or can be applied by Phumelela and the NHA.
    d. You are not the NHA. Your decisions and comments to me below about and regarding the NHA, its conclusions and views are misguided and made without any authority. You have previously informed me that you have to approach the National Board to obtain instructions to act. You and Mr Hyde are now acting on a frolic of your own. You need to appreciate that the NHA is not a company. You do not have the powers of a CEO or Managing Director of a company. Your title must not be seen as furnishing you with the powers afforded to a director of a corporate entity. Your powers are limited to the Constitution and rules of the NHA. I believe that you are acting unlawfully. You do not have the final say on this issue of the sectional timing. Inasmuch as you and Mr Hyde have made decisions regarding the sectional timing conditions, I demand that when the sectional timing issue is discussed with the NHA National Board and/or voted on, you and Mr Hyde recuse yourselves and exclude yourselves from the process.
    2. On Friday 22 June 2018, Mr Lyle Anderson who is the head stipendiary steward called my trainer, Mr Kenny, to ascertain whether my Horse Hidden agenda would be running today. When contacted by Mr Kenny, I was taken aback by the fact that Mr Anderson called Mr Kenny about my intentions and more importantly why my horse was being singled out by the NHA. I believe in fair treatment, if Mr Anderson calls me or my trainer then he should be calling every other owner and trainer. The unlawful conditions imposed by Phumelela entitle any owner and/or trainer to insist on sectional timing devices at any time. My trainer sent a copy of a WhatsApp message I sent to him to Mr Anderson.
    3. I have threatened litigation. I have consulted with my attorneys, Senior and Junior counsel. I inclined to follow their advice and to pursue the litigation in my own time. Most importantly, I have to consider the fact that my principles should not affect negatively affect my partners. Should I insist that no sectional timing be utilised on my horses, they be unlawfully scratched by the NHA. My insistence and the scratching of my horses will cause prejudice to my partners as they will not be able to earn stakes. Moreover, when I launch my application, all the facts will be shown. Accordingly, unless otherwise advised, I will henceforth– under protest and with full reservation of all my rights – allow my horses to run with sectional timing equipment. To be clear, I do not condone the unlawful actions of the NHA and I intend to make sure that such conduct is found to be unlawful and prevented from occurring again in the future.
    4. The content hereof must not be regarded as being exhaustive of the facts and issues involved.

    21. You and Mr Barends have treated the NHA as your personal fiefdom. You are employed as a regulator. You are not working for a dictatorship. Every action of the NHA will have a reaction. You should be able to justify your conduct and not hide behind obfuscation and avoidance. If you are wrong, you should admit it. You should immediately repair the wrong. Given the above, neither the NHA nor you have furnished proper responses to my complaints. I request that you furnish me in writing with your reasons why you acted in the manner in which you did and why you insisted that the Operators Conditions regarding sectional timing be implemented. Also, why you misled the Industry by allowing the conditions to be implemented when you told the industry that you first wanted to find out from trainers what they thought. I look forward to hearing from you.

    22. Lastly, please provide me with confirmation that I do not have to comply with the Operators Sectional Timing Conditions. If you do not furnish me with this acknowledgment I require your full reasons for not providing same.

    Sectional Timing information being disseminated illicitly

    23. You and the NHA have received emails from me that the Sectional Timing information which has been garnered is being distributed to a few to the prejudice of every owner, trainer, breeder and punter who does not receive it. Sectional timing has been a work in progress for at least three years. For this period, someone and/or somebody and/or several persons or entities have been using the Sectional Timing information to benefit themselves and not horse racing in general. It bothers me that bookmakers may have directly or indirectly received information regarding runners. Owners pay for their horses, the keep and training as well as vet expenses. They are then forced to have their horses timed without any consultation and without receiving any benefit.

    24. As will appear below, the NHA has not been forthright and forthcoming with the correct facts. The industry liaison meetings of 6 February 2017 and 30 May 2018 shows that Equimotion, the Racing Association, Larry Wainstein, Phumelela and Clyde Basel would have had sight of the Sectional timing Information. I am led to believe that Equimotion is a company which uses the physical and postal address of GVSC Communications (Pty) Ltd. The latter company is associated with Larry Wainstein and apparently Equimotion’s director is an employee of GVSC. I am then told that the information gathered from the sectional timing devices has been based at the National Racing Bureau. The information, which will eventually be published by Phumelela, is sent directly from the race course to a Company in the United Kingdom via “drop box”. Thereafter I am informed that Sectional Timing information is available on Tellytrack.com. I tried to access this information but I could not. I then ascertained that individuals including trainers and entities to the exclusion of others are also obtaining Sectional Timing information. My horses are running UNDER PROTEST and I am not furnished with their Sectional Timing information. This cannot continue. The NHA needs to regulate and not pander to others.

    25. Mr Barends made it clear that (1) the NHA had investigated my complaints and found them to have no merit and (2) “the NHA has for a period of time, monitored the implementation of the sectional timing devices”. I suggest that you read the rules of the NHA. The rules specifically state what is required to be done when an investigation is to take place. You and Mr Barends are prevented from investigating the issue. In any event I doubt and put you to the proof that there was an investigation. Clearly, you have backed up Mr Barends comments by not denying them or correcting him. Since the NHA has been regulating and monitoring the Sectional Timing, I request that you immediately furnish me with the following below. There can be no reason for you not furnishing the information inasmuch as Sectional Timing should be regulated by the NHA and no-one else. The information must under the control of a neutral Party. Moreover, if the NHA has been regulating, it would – at the touch of a button – have all of that which I require. I ask for this information and entitled to it as you have forced me to race my horses with Sectional timing devices. Others cannot and should not benefit from this.

    26. The documents and information I require are as follows:-

    a. The sectional timing information and statistics of each and every one of my horses that has raced with sectional timing equipment;
    b. The sectional timing information of each every horse in a race which raced against my horses;
    c. The sectional timing comparisons of my horses with every horse that raced against my horses;
    d. Details of exactly who and/or which entities were given any of the above information;
    e. Who has recorded and kept the records of any or all the information in a., b. and c. above, recorded;
    f. Exactly who could access the information in a., b. and c. above;
    g. Whether Mr Larry Wainstein and/or any member of his family had any direct or indirect access to the information in a., b. and c. above. If so, when and how?

    27. Below you will find a trail of emails setting out what transpired from March 2016 to March 2018 regarding Sectional Timing. You were alive to all the issues. I was and remain treated poorly by your obdurate conduct.

    28 to 43 ………………

    44. You are invited to furnish your comments to the above. If you dispute anything regarding what I have said, now is your chance to do it.

    45. All of my rights are reserved.

    Brett Maselle
    Member of the NHA

  14. Cas says:

    NHA..what you do is chasing the small punter away..i still have my colours, but i have decided not to buy any horses again…..

  15. George Spelvin says:

    Per Brett Maselle’s post: the issue that is most pertinent is that neither Mr Hyde nor Mr Barends could speak coherently on sectional timing and I am sure Mr Hyde cannot today either.

    I challenge Mr Hyde to spell out what it is that he hoped to achieve by assisting the operator in forcing trainers and owners into accepting sectional timing. Why was this not implemented in Cape Town? Further, why were the issues which lead to the current impasse not known before? Has this issue arisen only recently or has it been an issue since inception?

    If Mr Hyde holds the highground then he should have no problem answering any of these questions.

    Perhaps the new chair person can get answers to these questions. Madam, are you part of the problem or do you intend making a difference?

  16. Graham Hurlstone-Jones says:

    Hello Cecil…..those three words sum up what is wrong with the planet today, they are of no use to the new world socialist elite thinking ( the NHA fits snuggly into that category with the arrogant way they deal with anything in front of them like its their fiefdom ). I have not been ignoring you, my responses seem to disappear into the ‘log in” world of intercommunication, any way you seem to get it. How is PE for you today ? or anyone ? The lottery is doing great I see, Sir Frenchie running 4th…perfect for all exotics…. “Queens bury rules” are not the order of the day, but at least you will get an honest result and not a 28 time runner with 1 win smashing sprinters out of the park, Lottery ( Fools Gold looks great at the back for the big Gould double……..) I remember watching the “ANC” tactics the NHA used while pushing there own “sectional timing” agenda, every part of it felt corrupt, I am sure there is a post or three from me alluding to this at the time……It smelt bad then and now it just stinks. No integrity, no common sense, no respect, they really think we are all stupid and can’t see the “fire” burning not just the smoke. ( that corrupt arrogance again). Its early March, lets see what else comes up this month, so far 2020 has been a farce but it seems all good from above. Corruption cannot be sustained in the world of integrity, common sense and respect, that is what is going on around the planet.

  17. Cecil Pienaar says:

    Hi Graham. Man, tonite I am kicking myself, but not complaining. I had the upset horse in the P6 and Sir Frenchie wasn’t my banker. 😏 and still didn’t win it.

    I actually follow this Jock T.Gould, a few seasons ago, just one Pmb ride at long odds and I spotted it. I so enjoyed taking a win bet with all the bookies on course.

    Thing is, racing is in my blood, there is so much wrong and I despise a few, but I can’t stay away. Not the biggest punter anymore, but now mostly with HWbets. They are making a Big difference here on the East Coast 👍

    Just one big negative, no, don’t wanna get Frankie going ..

  18. Frans says:

    Would be interesting to see just how much money has been wasted ( pilfered??) on this project.Like so much else in this country, too many people with vested and personal interests think they can always “do better”. What was their real motive?? Betterment of racing? I doubt it.

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