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Dispute Resolution Escalation

DISPUTES

Following the rise in disputes received by SASCOC the following needs to be considered and implemented. It is noted that Legal Cost has become exorbitant in this regard

BACKROUND

When a Dispute is received by SASCOC

  1. Peruse documents from the complainant
  2. SASCOC needs to evaluate that all Internal processes have been followed and be guided by the SASCOC Dispute Resolution Mechanism and the Federations Dispute processes
  3. If established that the process was not followed to the later, a communique needs to be send to the complainant advising that all Internal processes needs to be exhausted
  4. If warranted the communique needs to be send to the National Federation concerned for the matter to be dealt with in accordance to their processes

 

INTERNAL PROCESS

The complainant needs to start the process with his / her club where a member

  1. If need be escalate the matter to the Provincial Federation structure
  2. Escalated to the Provincial Sports Confederation
  3. Escalate to the National Federation
  4. Finally to escalate to SASCOC if need be

The above need to be adhered and the appeals process needs to be followed as per the Federations Constitution at all times

If matter is been referred to the Courts – SASCOC will not be party to such action

If SASCOC receives Court papers it will be incumbent on SASCOC to peruse documents and evaluate if they are party to the proceedings and only if found that SASCOC have been sighted as a responded may act accordingly

INTERNAL PROCESS

IT IS IMPORTANT FOR THE BOARD TO PERUSE THE COSTING OF LEGAL ACTIVITIES AND PROVIDE SOME GUIDANCE ON CHARGES FOR DISPUTE THAT IS LODGED WITH SASCOC

TIME SPEND ON INDIVIDUAL MATTERS CAN BE VERY COSTLY AND MAYBE A FLAT RATE TO BE INTRODICED AS FOLLOWS:

  1.  Normal dispute received without any involvement from SASCOC in the matter (Referred to National Federation)
    R 0.00
  2. SASCOC response and perusing documents
  3. R 500.00 – R 1000.00
  4. Referred to Legal
  5. R 1000.00 – R 5000.00 (Depending on Attorney or Senior Council)
  6. Court matter to be referred to Attorney / Senior Council
  7. R 5000.00 – R 10 000.00

This is only a guideline of costings but could increase as the matter develops and would need guidance from our Legal Experts

Enclosed herewith is cost’s for the ARBITRATION FOUNDATION OF SOUTH AFRICA (AFSA) marked 1””

COURT OF ARBITRATION FOR SPORT (CAS) marked “2”