Van Rooyen charged for paying Bok win bonuses
24 May 2006
Among the charges former SARU president Brian van Rooyen faces is that he agreed to pay the Springboks bonuses for winning the Tri Nations in 2004.
Charge sheet particulars suggest Van Rooyen had no right to pay the players for winning the Tri Nations as there was apparently no budget for it.
An enquiry into the Van Rooyen case is underway in Bloemfontein, but Van Rooyen is not even attending the enquiry.
Keo.co.za has also learned that Rian Oberholzer, who is implicated in the third charge when Van Rooyen signed an agreement for a competition with Global Sports Management has never been interviewed by SARU’s enquiry team and has not been contacted to attend the Bloemfontein hearing.
The full list of the charges, most of which has been document in the media for the last year, is as follows
During 2005 he initiated and promoted the establishment of an office for – the President of SARU in Johannesburg at the offices of Labat Africa Ltd. of which he at all relevant times was the managing director and executive chairman and a shareholder and without fully and openly informing the President’s Council and/or the Finance Committee of all the financial implications thereof. His aforesaid actions were calculated to obtain:
(a) The conclusion of a lease agreement in respect of premises of which the area was greatly in excess of the reasonable needs of SA Rugby (Pty) Limited and/or SARU and/or at an excessive rental; and/or
(b) allowing bin to make use of the services of personnel of Labat Africa Ltd who were paid salaries by SA Rugby (Pty) Limited and/or SARU as if they were in its fulltime employ.
During November 2004 and February 2005 he attempted to obtain a sponsored luxury Rover motor vehicle for his own personal use and benefit and/or in breath of an existing sponsorship agreement between SARU and the Ford Motor Company in exchange for SARU and SA Rugby (Ply) Ltd benefits.
During 2004 and 2005 he signed the following agreements on behalf of SARU and/or SA Rugby (Pty) Limited without having been authorised to do so:
(a) The agreement in terms of which Global Sports Management was authorised and mandated on a sole and exclusive basis to discuss and develop a concept styled Rainbow Cup on 30 August 2004;
(b) The Accelerate Agreement on 5 October 2004; and
(c) The Heads of Agreement for the Celtic Competition.
During 2004 and 2005 van Rooyen instructed the Chief Executive Officer (CEO) of SARU (Prinsloo) to sign the following agreements on behalf of SA Rugby (Pty) Limited without having been authorised to give such instructions to the CEO.
(a) An agreement with Alkara 199 (Pty) Ltd (it was renamed Insport Management (Ply) Ltd), a company owned and controlled by Mr Kyle Nel, an employee of SARU. which had the effect that Mr Nel’s duties were outsourced on an exclusive basis to a company owned and controlled by him (Nel). The said agreement was thus signed by Prinsloo on 23 December 2004;
(b) The so-called Anglo-SA Cup contract purporting to be a contract between England Rugby Limited, Accelerated Sport Limited and SA Rugby (Pty) Ltd. The said contract was thus signed by Prinsloo on 14 January 2005.
During November 2004 he failed to take adequate or any steps to prevent Advocate N Arendse and his wife travelling to Twickenham at the cost of SA Rugby (Pty) Limited and resulting in a financial loss of R92,000.00 for SA Rugby (Pty) Limited; alternatively, condoned the expenditure of this amount in respect of Advocate Arendse and his wife’s overseas visit.
During 2005 he acted in direct conflict with and/or ignored several resolutions of the President’s Council, inter alia, by:
(a) Making use of the services of an agent in negotiating the Rainbow Cup/SA Anglo South African Cup and Celtic Competition; and
(b) Usurping the role of the then Deputy President (Markgraaff) in dealing with the portfolio formally allocated to Markgraaff.
During 2004 he promised bonuses to the Springbok rugby team and the management of the team without authority to do so and without any funds being budgeted for this expenditure.
During 2005 he allocated the Tri-Nations Test to the Leopards Rugby Union without any authority to do so.
During approximately June 2005 he willfully made false statements to the Springbok Coach, Jake White, regarding the actions of the former Deputy President (Markgraaff) and Manco member Van Huyssteen by informing White that Markgraaff and Van Huyssteen were dissatisfied with the composition of the Springbok team for the second test against France in Port Elizabeth, whilst it was he (Van Rooyen) who disapproved of the composition of the team and notified Markgraaff of his dissatisfaction.
During 2004 he disclosed confidential information to the public with regard to players’ remuneration in breach of an agreement between the players and SA Rugby (Pty) Ltd.
On our about 20 January 2006 and at Johannesburg he was instrumental in obtaining a decision from the President’s Council to the effect that SARU would pay for his legal costs pertaining to the disciplinary inquiry in the following circumstances:
(a) He instructed that the legal officer of SARU and SA Rugby (Pty) Ltd should not attend the President’s Council meeting;
(b) He instructed that an outside legal representative should attend the said meeting at SARU’s cost
(c) He was fully aware that:
(i) Without funding from SA Rugby (Pty) Ltd SARU would not be in a position to make any payments with regard to his legal costs:
(ii) The Board of SA Rugby (Pty) Ltd had referred the issue of whether it was liable to pay the legal costs of a person charged in such an inquiry for a legal opinion, and
(iii) such an opinion had been obtained advising that SA Rugby (Pty) Ltd was not so liable.