NHA Dismisses Maselle Charge

Outcome of complaint lodged by Adv Brett Maselle against the Chief Executive of The National Horseracing Authority

On 9 May 2011, Adv Brett Maselle lodged a complaint with the National Board of The National Horseracing Authority (“NHA”) against Mr Rob de Kock, the Chief Executive of the NHA (“CE”). Adv Maselle alleged that, when the CE agreed with the Racing Operators to allow the international jockeys to participate in the International Jockeys Challenge (“the Challenge”) during November 2010 by wearing the colours of the country represented by the respective jockeys, the CE acted incorrectly and unlawfully.

The complaint was tabled at the National Board meeting held on 19 May 2011 to be dealt with as provided for in Rule 6.10. The National Board decided to refer the complaint to Adv John Myburgh SC for investigation and finalisation and for this purpose the National Board delegated its powers to Adv Myburgh SC to do so.

On 25 May 2011, Adv Myburgh SC furnished the National Board with a report containing his findings. For the reasons set out in the report, he made the following findings:

he dismissed the complaint lodged by Adv Maselle; and  he ruled that he considered the complaint lodged by Adv Maselle to be unwarranted, and exercising the power provided for in Rule 6.10.3, imposed a fine of R2 500 on Adv Maselle.

Adv Maselle was furnished with a copy of the report on 25 May 2011, when he requested that the findings not be published. The National Board considered his request but decided that the NHA should not deviate from the norm of issuing a press release.

The Myburgh Report can be viewed on the NHRA website through this link.

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