Uncertainty over whether suspended netball boss Cecilia Molokwane will go to court to make election list

Netball and the broader South African sports community are waiting attentively to see if Cecilia Molokwane will follow through on her threat to head to court to force her way onto the ballot paper for the Netball South Africa (NSA) election this weekend.

The NSA president, who until recently also sat on the World Netball (WN) board, was suspended by the global governing body in April on charges relating to “excessive use” of NSA resources and intimidation.

With the disciplinary hearing only scheduled for January, WN has warned Molokwane is not eligible to stand for re-election in the ballot scheduled for Johannesburg on Saturday.

NSA could be suspended should Molokwane take part in the election, but the controversial sports boss has threatened to go to court to contest the election.

“It is our client’s instructions that she has not been suspended by [NSA], neither has [NSA] charged her with any offence or conducted any disciplinary hearing which could possibly affect her eligibility to stand for elected office at [NSA],” her lawyer said in a letter sent to NSA last week.

The lawyer argued that Molokwane was eligible to stand, according to the NSA constitution.

“We hereby demand that you reinstate our client as an eligible member to stand for elected office for the upcoming elections,” the attorney said, adding they would “seek urgent intervention from the courts” if NSA didn’t agree.

Molokwane’s home district of Capricorn in Limpopo has also been agitating for her inclusion on the ballot. The district argued in a letter to NSA that while the national body was affiliated with WN, it had to follow local laws.

“External correspondence or directives from [WN] cannot override South African law or negate NSA’s constitutional obligations towards its members,” it said. “Compliance with international partners must be balanced with adherence to the principles of due process, fairness and autonomy as per WN’s own articles of association.”

By Thursday afternoon Molokwane had not been included on the ballot, and it was not clear if she planned to push ahead with her threat.

Meanwhile, WN has said she breached her suspension by holding a press conference last week at which she lamented her ineligibility to stand. In a letter to the South African Sports Confederation and Olympic Committee (Sascoc) on Tuesday, WN president Elizabeth Nicholl gave a detailed timeline of events since receiving allegations against Molokwane on April 4. WN suspended her 11 days later.

Molokwane’s legal counsel confirmed they did not want to respond to WN’s concerns regarding Molokwane’s suspension breaches and ineligibility to run in the elections

—  Elizabeth Nicholl, World Netball president

WN noted Molokwane resigned from the WN board on October 16 and then held a press conference on the same day.

“Molokwane engaged in several press engagements in breach of her suspension,” Nicholl wrote. “WN informed the disciplinary panel of Molokwane’s various suspension breaches, as well as confirming her ineligibility to contest in the upcoming NSA presidential elections.

“Molokwane’s legal counsel confirmed they did not want to respond to WN’s concerns regarding Molokwane’s suspension breaches and ineligibility to run in the elections.”

Nicholl said Molokwane’s disciplinary had been set for January next year, adding there were two main charges:

• Excessive use of NSA resources, creating an appearance of impropriety and potential reputation harm to the sport; and
• Repeated intimidation, offensive conduct and humiliation of NSA staff, board members and other netball stakeholders.

According to the SABC, Molokwane reportedly told journalists last week the alleged misuse of R19m had been approved, and her passion for sport had been mistaken for intimidation.