Shattered Dreams? Phindi Kema is not giving up
The Competition Appeal Court has granted Phindi Kema’s Africa Race Group the opportunity to submit heads of argument to challenge the recent merger between Kenilworth Horseracing and Western Cape Racing.
The other leg of the merger involved the Thoroughbred Horseracing Trust acquiring 100 percent of the issued share capital in Kenilworth Racing.
The two transactions would result in the trust acquiring control of Cape racing and its business.
The trust owns 35,26 percent of Phumelela.
Business News reports today that Kema is prepared to go all the way to the Constitutional Court to see justice done.
In March 2012 the Competition Commission prohibited the merger proposals on objections lodged by Kema and Africa Race Group.
The decision was, however, reversed on appeal by the racing entities involved.
Kema, a fiercely determined lady, then approached the CAC with an application to appeal the approval.
Counsel for Kenilworth racing, Gold Circle and the Thoroughbred Horseracing Trust objected to the application on the basis that Kema was neither a party to the mergers or a trade union.
The court has now asked Kema and the three companies to submit heads of argument in terms of Kema’s standing in law.
Kema has since settled in the UK and has signed a co operation agreement with UK based Zukido to launch ARG’s betting business.
She appears to have shelved her plans to become directly involved in SA horseracing.
