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Khumalo Appeal: Black or White, the rules are the rules

Press release from the NHA

 

On Friday 14 March 2014, an Appeal Board constituted by The National Horseracing Authority ("NHA") dismissed Jockey S'Manga Khumalo's appeal against the penalty imposed by an NHA Inquiry Board. The Inquiry Board had suspended Jockey Khumalo from riding for a period of 60 days following a finding that he had failed to take all reasonable and permissible measures to ensure that the horse, SUPERTUBE, ridden by him in the 10th race at the Vaal Racecourse on 5 November 2013, was given a full opportunity to obtain the best possible placing.

 

The Appeal Board’s Reasons for its decision are available on the NHA Website 

 

 click here

 

Extract from the NHA website regarding similar cases. 

History shows the following:
37.1 On 9 March 2007 Mr F Anthony, on being found guilty of a
contravention of Rule 62.2.1, was suspended from riding in and
attending race meetings for a period of 3 (three) months;
37.2 On 26 April 2007 Mr Sampson, on being found guilty of a contravention
of Rule 62.2.1, was suspended from riding in and attending race
meetings for a period of 3 (three) months. Mr Sampson appealed that
penalty. The Appeal Board dismissed the appeal.
37.3 On 4 May 2007 Mr Malherbe, on being found guilty of a contravention
of Rule 62.2.1, was suspended from riding in races for a period of 3
(three) months;
37.4 On 13 June 2008 Mr L R Coleman, on being found guilty of a
contravention of Rule 62.2.1, was suspended from riding in races for a
period of 3 (three) months. Mr Coleman appealed that penalty. The
Appeal Board dismissed the appeal.
37.5 On 29 August 2008 Mr A C Fortune, on being found guilty of a
contravention of Rule 62.2.1, was suspended from riding in and
attending race meetings for a period of 1 (one) month, which was
wholly suspended for a period of 2 (two) years, on the condition that he
was not found guilty of a contravention of Rule 62.2.1 over the two year
suspended period. He was furthermore fined the sum of R50,000.00.
14
37.6 On 23 September 2011 Mr H Ramlugaan,
on being found guilty of a
contravention of Rule 62.2.1, was suspended from riding in races for a
period of 90 (ninety) days;
37.7 On 9 March 2012 Mr S L Naidoo, on being found guilty of a
contravention of Rule 62.2.1, was suspended from riding in races for a
period of 30 (thirty) days;
38. An analysis of the prior sentences imposed, following convictions under
Rule 62.2.1, indicates that the normal applied is in fact a 3 (three) month
suspension. The only exceptions appear to have been in the instance of
Mr Fortune (as was pointed out at the appeal proceedings, special
circumstances were relevant to that matter), and the offence committed by
Mr Naidoo (when he was suspended for a period of 30 (thirty) days).
39. The Appeal Board is not familiar with the facts or circumstances relevant
to the penalty imposed on Mr Naidoo. One is left to assume that the
Inquiry Board, in that matter, deemed it appropriate, in the exercise of its
discretion, to impose a lighter penalty than the norm. Each matter must be
considered with reference to its own fa
cts. In this matter, the Inquiry Board
deemed it appropriate, in all the circumstances, to impose a 60 (sixty) day
penalty (as opposed to a 3 (three) month suspension).

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