Former SA Champion jockey Andrew Fortune’s six month quest to be relicenced to ride again reaches something of a watershed on Wednesday 11 September when his application comes before a National Horseracing Authority appointed appeal board.
The 56 year old Fortune announced in February this year that he was shedding weight and working hard in a bid to recapture his glory years in a return to the saddle.
Andrew Fortune – the comeback kid waits to hear his fate (Pic – Candiese Lenferna)
The flamboyant son of the Cape Flats enjoys widespread support amongst a racing public hungry for homegrown heroes, and his possible return to the jockey room has been the subject of much debate.
The Sporting Post receives numerous enquiries every week from all over asking about Andrew Fortune.
‘What has happened about Andrew Fortune’s application for a jockey licence? I haven’t seen anything for a while. Many years ago he rode a winner, Spinning Through, for me in brilliant fashion, getting up on the post at Hollywoodbets Greyville, coming from way back. He is one of my favourite riders, along with Jeff Lloyd and Kevin Shea,’ wrote Graham MacKenzie in an email that mirrors the widely held affection for the charismatic champion.
Hazel Kayiya confirmed to the Sporting Post some months ago that the NHA had received an ‘informal enquiry’ on 17 February 2024 from Mr Fortune.
But the man born on the wrong side of the rails, who beat the mean streets of Elsies River and the dreaded demons of a variety of addictions, and has admittedly walked close to the edge at times in his clashes with officialdom over the years, had his application for relicencing rejected earlier this year on a variety of grounds, including technical issues. No media release was forthcoming from the racing regulator.
Talking to the Sporting Post earlier this week, Fortune confirmed that 11 September was the latest hearing date and that he was hopeful that justice and fair play would prevail. Apparently there was information that was absent from his original hearing that his Attorney Heidi Barter was seeking to have admitted to be placed before the Appeal Board.
‘The Candyman’, who handed in his licence in 2017 after becoming a national champion at the age of 40, emigrated to Australia with his family in 2023.
He returned to South Africa to resurrect a career on African soil that captivated and entertained the SA racing public for close on 30 years.
His Attorney Heid Barter told the Sporting Post some months ago that it is now long overdue for the judicial debate surrounding the applicability of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) to the actions of the NHA, to be resolved.
“The statutory test used to determine whether the NHA actions are administrative action, is whether they are exercising a public power or performing a public function. How can their role as the sole regulatory body for horse racing in South Africa, tasked with issuing licenses and thereby restricting the public’s ability to freely participate in this industry, be perceived as anything other than an administrative action? PAJA seeks to protect us from unlawful, unreasonable and procedurally unfair administrative actions and decisions. It safeguards individuals and the public at large from actions by law enforcement officials that may be deemed unlawful, ego-driven, or overly controlling. I hope we don’t have to go that far, but if we do, it will without a doubt benefit the entire racing industry.”
When asked previously about the possibility of resorting to the courts, Heidi Barter emphasized that pursuing legal recourse via the courts is ‘always a final measure’.
