Southern Spears

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Southern Spears
Founded 2005
Union South African Rugby Union
Location Port Elizabeth, South Africa
Region Eastern Cape Province, Overberg, Central Karoo and Eden
Ground(s) EPRFU Stadium
Capacity 33,852
Flag of South Africa

The Southern Spears, a South African Super 14 rugby union franchise, were originally intended to participate in that competition in 2007; however, their proposed entry into the competition led to considerable controversy within the country's rugby establishment. In April 2006, after concerns over the franchise's financial stability and sporting competitiveness, the Spears were denied entry into the Super 14. The Spears' future is now very much in question.

Contents

[edit] Squad

The Southern Spears originally had a core squad of 22 players, and are widely recognised as The People’s Team throughout the Eastern Cape and are drawn from, 6 players from Border, 4 from SWD and 12 from Eastern Province. Of the squad of 22, three were in the Springbok under-21 squad that took part in the under-21 World Championship. These were the Captain Ashley Johnson – No.8, Warren Malgas at No.9 and Isma-eel Dollie at flyhalf.

Following the High Court Ruling in mid-August, some have called into question how strong the Spears franchise will actually be in the 2006 Super 14 season. When the Spears future was cast into doubt, a lot of players were forced to 'moved on'. Johnson signed with the Cheetahs, Dollie with the Western Province and Ashton Constant with the Pumas.[1] In the three Unions that the Spears draw from, none are currently in the Premier Division of the Currie Cup.

[edit] Location

The Spears were intended to draw players from the following unions that participate in South Africa's main domestic competition, the Currie Cup:

It was intended that the Spears play at EPRFU Stadium in Port Elizabeth, the city where the franchise was headquartered.[2]

[edit] Kit

The Spears jersey is predominantly red, with black being the second primary colour of the kit.

[edit] History

[edit] Bid for Super 14 entry

This franchise was at the centre of months of infighting between South Africa's Minister of Sport, the country's Super 14 franchise committees, and the South African Rugby Union (SARU). Due to the expansion of the Super 12 to the Super 14, to take place in 2006, South Africa was entitled to add a fifth franchise to its existing four. However, six groups—the four existing franchises, a group representing Free State and Northern Cape, and a group representing the "Southern and Eastern Cape" (SEC) region—submitted proposals for franchises. Since it was generally conceded that the existing franchises would continue in the Super 14, the conflict focused on the other two groups.

Eventually, the Free State-Northern Cape group was admitted into the 2006 Super 14 season as the Central Cheetahs. However, the SEC group was guaranteed a place in the Super 14 in 2007 and 2008. To accommodate them, a promotion/relegation system was instituted. In 2006, the original plan called for the bottom-placed South African Super 14 team to be relegated, with the Spears taking their place. In 2007, the bottom-placed South African team, apart from the Spears, would play a test match with the relegated team from 2006 to determine the fifth South Africa team to play in the 2008 Super 14. Starting with the end of the 2008 season, the Spears would have then been subject to possible relegation via this system.

On June 8, 2005, the SA Rugby President's Council signed a binding legal agreement granting the Spears rights in which SA Rugby obligated themselves to financially support them until December of 2006, procure sponsors, play in the 2006 Currie Cup and entrenchment in the 2007 and 2008 Super 14 series. This same decision/agreement was then ratified by the SA Rugby Board at a meeting on December 2, 2005, and all these competition fixtures were included in a definitive Franchise Participation agreement, which the Spears signed on February 7 2006.

[edit] Currie Cup and Super 14

In 2006, the Spears were to field a side in the Premier Division of the Currie Cup to allow them to build a team for their 2007 Super 14 debut. There was considerable opposition to the Spears automatically joining Super 14 in 2007 from the existing 5 Super 14 teams. The existing teams wanted the Spears to play the lowest ranked South African based team for the spot in the next year's league. One major blow to the Spears' hopes of automatically entering the Super 14 came at the 2006 General Meeting of the SARU when Brian van Rooyen, the controversial president who strongly pushed for the Spears' inclusion in Super 14, was voted out of office. His successor, Oregan Hoskins, ran on a platform that included scrapping, or at least radically modifying, the promotion/relegation system introduced by van Rooyen.

The Spears were told that they would not be included in the 2007 Super 14 over issues of competitiveness. There were also questions over "unauthorised legal communications to SA Rugby (the commercial arm of SARU which oversees Super Rugby in that country) and lack of financial reporting in the Spears organization and CEO Tony McKeever has been suspended pending an investigation in the club's finances.[citation needed]

This is widely seen as a further move by SA Rugby to strong arm the smaller shareholder unions to sideline McKeever[citation needed], who has been tenacious in his stance in ensuring that SA Rugby not breach its 8th June 2005 agreement with the franchise. The alleged "suspension" by the Spears Board has been declared as unlawful[citation needed] and McKeever's attorneys pointed out the gross irregularity and recklessness by the Spears board and McKeever's suspension was "lifted" barely a week of it being imposed[citation needed].

In addition, payments of salaries to Spears’ personnel have been suspended. The Spears were also due to compete in the 2006 Currie Cup competition, but that is in doubt due to the refusal by SA Rugby to continue financially supporting the Spears.[citation needed]

[edit] Legal battle

McKeever’s legal counsel produced to the High Court, as irrefutable proof, the Presidents Council resolution of the 8th June 2005, plus supporting documents from SA Rugby confirming this agreement. These documents validate McKeever’s contention that SA Rugby have abandoned the franchise and failed to adhere to the agreement signed off last year and further ratified by the SA Rugby Board on the 2nd December 2005, after which a further Franchise Participation Agreement was drawn up by SA Rugby for all 6 franchises including the Southern Spears, to sign before the 10th February 2006.

In addition, SA Rugby’s continuous and systematic campaign of economic victimization, led to the attrition and destabilization of the Spears, and has put the Spears in breach of its sponsor agreements signed in December 2005, which mirrored the 8th June 2005 agreement with SA Rugby.[citation needed]

On July 21 the the Cape Town High Court heard the closing arguments from both the Spears and the SARU/SA Rugby (Pty) Ltd. Whilst the Spears argued that the SARU, and it's commercial associate, SA Rugby were legally bound to include the Spears in competition, the counsel for the SARU argued that there was no legally binding contract between the two parties. Judgement will most likely be given on July 31.

In August, 2006, a High Court of South Africa ruling stated that the Spears had a valid contract with SANZAR and SARU to compete in the Super 14 and Currie Cup. However, due to the organisation's financial and administrative troubles, in November 2006 a settlement was reached. The Spears abandoned their legal case, and will continue to exist, however they now will not compete in the Super 14.

[edit] Overview

Following intense debates and an impasse, in April and May 2005, on the awarding of a Fifth South African Super 14 Rugby Franchise, the SA Rugby Presidents Council, on the 8th June 2005, took a decision and issued a resolution, borne out of necessity, to strategically reposition South African rugby for the future and fast track rugby development and transformation, in the smaller and bigger unions respectively. The smaller unions require financial resources to fast track development, as they already have moved beyond transformation, whereas the bigger more financially powerful unions needed to fast track transformation, instead of “engaging” players from the smaller unions.

[edit] References

[edit] Notes

http://www.epherald.co.za/herald/news/n10_16082007.htm

  1. ^ Did the Spears really win?. Planet Rugby. Retrieved on 9 August 2006.
  2. ^ Spears can reach for the sky with new sponsor. int.iol.co.za. Retrieved on 11 August 2006.

http://www.thespears.co.za/rel2703065.htm http://www.thespears.co.za/pressroom.htm

[edit] Sources

http://www.busrep.co.za/index.php?fSectionId=&fArticleId=4126010

http://www.thetimes.co.za/Sport/Article.aspx?id=614615

http://blogs.dispatch.co.za/bothablog/2007/11/22/the-strange-world-of-sa-rugby/

http://www.theherald.co.za/herald/news/n16_03012008.htm

http://www.dispatch.co.za/2008/01/02/Easterncape/aspears.html

[edit] External links

http://www.southernspears.co.za/


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