Anti-GBV body Wise4Afrika joins calls for Pirates to stop fielding Lorch

Anti-gender-based violence (GBV) organisation Wise4Afrika has joined calls for Orlando Pirates to stop fielding midfielder Thembinkosi Lorch. 

Lorch is a convicted GBV offender after he was found guilty of assaulting former girlfriend Fundiswa Mathithibala with the intent to cause grievous bodily harm by the Randburg magistrate's court in June. 

Lorch returned to Pirates' line-up for the first time this season when they beat Cape Town Spurs 2-0 in the Carling Knockout Cup opening round on October 20, walking away with a R100,000 man-of-the-match award voted by the public. The award drew critical reaction on social media.

Speaking on Breakfast with Bongani Bingwa on 702, Wise4Afrika director advocate Brenda Madumise-Pajibo said Pirates are undermining the fight against GBV by fielding Lorch. 

“We shouldn’t be surprised in this country with such. It is a practice and pattern that happens all the time that we make a mockery of GBV," Madumise-Pajibo said.  

“As soccer they have done that. They have come out many times to claim they understand how GBV manifests and they want to play a part in ridding this country of this scourge. 

“However, their actions go against the very same campaigns and advocacy they have been talking about and it is performative what they do. The most appropriate action to take as a soccer club would have been to wait for the court to finalise the case. 

“Remember, Lorch has been convicted but he still has to be sentenced. We all know he is a convicted criminal and he is going to have a record of that.  

“It [not fielding him] would have [said], 'We understand the seriousness of GBV in the country, and because we have said as a club and football fraternity we take this matter seriously, we are not going to allow impunity'. 

“The moment we allow the decision to field him, we can’t stop him from being the man of the match, but the decision to field him is saying 'GBV is OK'. You are literally saying to individuals this is not serious. 

“[You are saying], 'We don’t care about the seriousness of this, we don’t care of the impression we create.' This is how masculinity, patriarchy and misogyny represents itself and we are not surprised.” 

Labour law expert advocate Tertius Wessels told the show Lorch's conviction is likely to tarnish Pirates’ name. However, the player's criminal conviction is a legal matter and there is no stipulation Lorch should lose his employment and means of living. 

“An important aspect we need to remember is that it is generally not the employer's prerogative to discipline employees for what has happened outside the workplace. 

“It is only when the employer is able to establish a link between an employee's activities outside the workplace and employment relationship that potentially there could be grounds for discipline and even dismissal for off-duty misconduct.

“In this instance you are sitting with a situation where the charges that were levelled are of such a nature that it is tainting Pirates’ image in as far as condoning acts of GBV. 

“There is no doubt this is going to tarnish the good name Pirates might have had. There are many who are not going to condone it. Others may do differently and say this has nothing to do with his ability to do what he has been contracted to do. 

“Ultimately when you see some form of sentencing being imposed, the decision to field him might change. Some contracts of employment make provision that if employees are convicted of a criminal offence, it might be grounds to justify the termination of their contracts.

“In the interim, there is nothing that precludes the individual from doing what they have been contracted to do because the process is ongoing.” 

Pirates, via their media department, had not responded to questions by the time of publishing the story. The Premier Soccer League was not available for comment. Their comments will be added if they become available.