APPEAL LODGED BY BRIDGESTONE PRODUCTION CAR COMPETITOR SHAUN DUMINY ARISING FROM A STEWARDS’ DECISION IN CONNECTION WITH AN ON-
TRACK INCIDENT THAT TOOK PLACE BETWEEN THE APPELLANT AND COMPETITOR GRAEME NATHAN AT KYALAMI ON 05THJUNE 2010.
HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT
16H30 ON TUESDAY, 13TH JULY 2010.
Present:
Ken Rolfe - Court President
Duncan Vos - Court Member
Sarel van der Merwe - Court Member
Jaki Scheckter - Court Member
Piet Swanepoel - Clerk of the Course
Wally Pappas - MSA Steward
Vaughan Williams - Super Production Cars
Vito Bonafede - Competitor representative
Graeme Nathan - Competitor
Shaun Duminy - Appellant
Francois Pretorius - MSA
Adrian Scholtz - MSA
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no
objections to the composition of the court.
After having heard and examined the evidence presented by all parties, the stewards
find as follows:
1. Both competitors (Shaun Duminy & Graeme Nathan) are to be placed under
observation for the remainder of the 2010 racing season.
2. The court upholds the stewards’ previous findings and, in addition, competitor
Duminy is precluded from participation in one (1) round of the Bridgestone
Production Car championship. This preclusion from participation is however
suspended for a period of one (1) year from the date of this hearing. Note: The
net effect of this is that the preclusion will only take effect should
competitor Duminy be found guilty of a further driving infringement in the
intervening period.
3. The court also cautions the competitors in the Bridgestone Production Car
series that this type of driving conduct will not be tolerated and recommends
that the series controllers remind all competitors that offenders will be dealt with
severely in terms of the GCR Handbook and all supplementary regulations.
4. The appeal is therefore not successful and the appeal fee is retained.
All parties are reminded of their right of appeal to the MSA National Court of Appeal.
Findings read at 17h35. 157110/098
(14 July 2010)
MSA Court of Appeal 371
MSA COURT OF APPEAL 371
TO INVESTIGATE THE APPEAL LODGED BY MR DION BALL (BORDER JUNIOR MOTOCROSS REPRESENTATIVE) ON BEHALF OF BORDER MOTOCROSS CLUB, CONTESTING THE LEGITIMACY OF THE VOTE THAT TOOK PLACE WITH REGARD TO THE RULE CHANGE AT THE MX COMMISSION MEETING ON THE 7TH FEBRUARY 2010. THE APPEAL FURTHER CONTESTS THE ISSUING OF NATIONAL MOTOCROSS CIRCULAR 3 OF 2010. HEARING HELD AT 12H00 ON THURSDAY, 25TH FEBRUARY 2010 IN THE MSA COMMITTEE ROOM, 9 MONZA CLOSE (Formerly 108), KYALAMI PARK, MIDRAND
Present:
Piet Swanepoel - Court President
Wally Pappas - Court Member
George Portman - Court Member
Dion Ball - Border Region Motocross Representative
Ray Brookes - Border Regional Chairman
Dave White - Northern Regions Motocross Representative
Paddy Venske - Motocross Commission President
Allan Wheeler - Sporting Manager (MSA)
Carmen Petzer - Scribe (MSA)
The appellant being satisfied that the Court had been properly appointed and had jurisdiction to listen to the appeal, the appeal proceeded.
1. Admissibility of the Appeal
The Court places on record and categorically states that it is of the opinion and rules that the appeal is inadmissible in terms of GCR 216 (v), however due to time constraints, and the fact that the decision may impact on the National event to be held on Saturday, 27th February 2010, as well as being in the interests of the sport in general, the Court proceeded with the hearing of the appeal.
2. Having heard all the evidence and afforded every person present ample time and opportunity to state his case, and having determined beyond any reasonable doubt that the procedure that the Commission followed, complied with pertinent rules and regulations, the Court finds as follows:
- The appeal is therefore not upheld
- The appeal fee is forfeited
Costs in the order of R2000-00 is further awarded against the appellant
The Court wishes to place on record that it views with discord, the presence of Mr Ray Brookes, who is a member of the MSA Board of Directors, acting against a Sporting Commission.
All parties are reminded of their right of appeal to the MSA National Court of Appeal.
Findings read at 13:25
156860/098
(25 February 2010)
MSA COURT OF APPEAL 370
MSA COURT OF APPEAL 370
APPEAL LODGED BY SUPER ROK KARTING COMPETITOR FABIENNE LANZ ARISING FROM THE ALLOCATION OF POINTS FOR THE REGIONAL KARTING EVENT HELD AT ZWARTKOPS KART CIRCUIT ON 19TH JULY 2009.
HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 17H00 ON THURSDAY, 28TH JANUARY 2010.
Present: Glenn Rowden - Court President
Eldrid Diedericks - Court Member
Alan Hickey - Court Member
Fabienne Lanz - Competitor
Deon van der Merwe - Witness for Competitor F. Lanz
Russell Blanckensee - Competitor’s Father
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no objections to the composition of the court.
After hearing representations regarding the admissibility of the appeal, the court finds the following:
1.The points allocation was posted at the circuit at 17h55 on the race day and no protests were received within the stipulated time.
2.The points positions were published on the MSA website following the event in question and no protests and/or appeals against these points were lodged within the stipulated time limits.
Based on the above, the court makes the following findings:
1. The court is unable to hear the appeal as it is declared inadmissible in terms of the provisions of GCR 216 i).
2. The appeal is therefore unsuccessful and the appeal fee is retained
3. Costs in the amount of R1000 are levied against competitor Lanz.
All parties are reminded of their right of appeal to the MSA National Court of Appeal.
Findings read at 18h30.
156702/098
(02 February 2010)
MSA COURT OF APPEAL 369
MSA COURT OF APPEAL 369
APPEAL LODGED BY SUPERBIKE COMPETITOR NICOLAAS GROBLER AGAINST A DECISION BY THE STEWARDS PERTAINING TO A TECHNICAL INFRINGEMENT ARISING FROM THE REGIONAL CIRCUIT MOTORCYCLE EVENT HELD AT ZWARTKOPS RACEWAY ON 28TH NOVEMBER 2009.
HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 17H00 ON THURSDAY 28TH JANUARY 2010.
Present: Glenn Rowden - Court President
Eldrid Diedericks - Court Member
Alan Hickey - Court Member
John Mitchell - Northern Regions Motorcycle Representative
Yolanda Steenberg - Clerk of the Course
Kobus Steenberg - Club Steward
Ken Cromarty - MSA Steward
Nic Grobler - Competitor’s Father
Nicolaas Grobler - Competitor
Dinks Pitchford - Observer
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no objections to the composition of the court.
After hearing representations regarding the admissibility of the appeal, the court is satisfied of the following:
1.That the stewards’ determination that competitor Grobler’s protest was out of time was correct.
2.That the clerk of the course did have a hearing in terms of GCR 175 where competitor Grobler was informed of his exclusion.
3.That the posting of results indicating competitor Grobler’s forfeiture of points for both races was done timeously and correctly in terms of GCRs 141 & 276.
Based on the above, the court makes the following findings:
1. The court is unable to hear the appeal as it is declared inadmissible as per GCR 216 i).
2. The appeal is therefore unsuccessful and the appeal fee is retained
3. Costs in the amount of R2000 are levied against competitor Grobler.
All parties are reminded of their right of appeal to the MSA National Court of Appeal.
Findings read at 17h40.
156701/098
(02 February 2010)
MSA Court of Appeal 366
MSA COURT OF APPEAL 366
APPEAL LODGED BY CHRIS VAN BEURDEN (FATHER OF FORMULA VEE COMPETITOR CHAD VAN BEURDEN) ARISING FROM A PROTEST PERTAINING TO A PENALTY IMPOSED AT THE PORT ELIZABETH NATIONAL ON 01ST AUGUST 2009.
HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT
18H30 ON THURSDAY, 15TH OCTOBER 2009
To: Messrs : Glenn Rowden - Court President
Terry Stidworthy - Court Member
Wally Pappas - Court Member
Eddie Piner - Technical Consultant
Dave Bland - Father of Competitor Trevor Bland
Jack Schriks - Representative (Trevor Bland)
Trevor Bland - Competitor
Lee Thompson - Representative (Trevor Bland)
Chad van Beurden - Competitor
Roger Stephen - Clerk of the Course
Keith Coleman - Representative (Appellant) Dean Nel - Engine Builder (Appellant)
Shaun van der Linde - Supplier (Van der Linde Developments)
Chris van Beurden - Appellant (Chad van Beurden)
Adrian Scholtz - MSA
Maria Buys - MSA (Scribe)
The Court President introduced himself and the other court members. There were no objections to the composition of the court.
Having heard and examined the evidence presented, the court records the following:
1. The court accepts the expert evidence given by Mr Shaun v.d. Linde and agrees that no advantage could have been gained by competitor van Beurden as a result of the camshaft used.
2. The court is of the opinion that the original penalty imposed by the CofC is correct and hereby reinstates said penalty, i.e. a R200 fine as per GCR 176 i. a). Furthermore, competitor van Beurden is to be re-instated in the results of Formula Vee Races 1 & 2 on 01st August 2009.
3. The court finds that the Formula Vee Association erred in returning the disputed parts to competitor van Beurden prior to the finalisation of all outstanding protests and appeals.
4. The court further directs the Formula Vee Association to reformulate the wording of Art 16.4.3 of the Circuit Racing Handbook to be in compliance with the new cams supplied by Van Der Linde Developments, said new wording to be formulated in conjunction with Van Der Linde Developments.
5. The appeal fee, less R250 administrative costs, is to be returned to the appellant.
All parties are reminded of their rights of appeal to the MSA National Court of Appeal.
Ref. 155585/098
(20 October 2009)
MSA Court of Appeal 367
MSA COURT OF APPEAL 367
APPEAL LODGED BY SHAUN VAN DER LINDE (FATHER OF GP JUNIOR KARTING COMPETITOR SHELDON VAN DER LINDE) AGAINST THE FINDINGS OF A PROTEST ARISING FROM THE VEREENIGING KARTING NATIONAL ON 09TH AUGUST 2009.
HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 18H00 ON WEDNESDAY 14TH OCTOBER 2009
Present: Messrs George Portman - Court President
Brian Cook - Court Member
Dave Richardson - Court Member
Dick Shuttle - MSA Steward
Wayne Robertson - Technical Consultant
Eldrid Diedericks - Clerk of the Course
Maurice Rosenberg - Technical Consultant
Iain Pepper - National GP Jnr Rep
Richard Davis - Club Steward
Willem van Heerden - Assistant CofC
Rodney Williams - Witness
Roger Taylor - Witness
Hennie v.d. Linde - Witness
Shaun v.d. Linde - Appellant
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no objections to the composition of the court.
Having heard and examined the evidence presented, and having afforded everyone adequate opportunity to put forward their respective cases, the court records the following:
1. It is not in dispute that the relevant pin had been removed from the carburetor on competitor van der Linde’s kart.
2. The appellant conceded that the removal of the pin amounted to a contravention of the technical regulations for the Junior GP class.
3. The court needed to establish whether this technical infringement was performance enhancing or not. To this end, evidence was led by various parties.
4. The court has taken cognisance of the above input from all parties, from which it appears that this “modification” has been tacitly accepted in the past as a means of achieving the optimum design performance of the carburetor (blue printing).
5. Whilst accepting this, the court has noted that there is no official correspondence to legalise this modification/removal of the said pin.
6. The court therefore has no alternative other than to accept that this modification/removal is both illegal and performance enhancing according to the current rules in place (refer Section A Art. 11 (ii) of the MSA Karting Regulations).
7. The court wishes to record that, whilst this modification/removal is deemed to be performance enhancing, the members are of the opinion it does not have the effect of increasing performance beyond that of a 100% optimum carburetor.
Based on the above, the court makes the following findings:
1. The appeal fails and the appeal fee is duly forfeited.
2. The Karting Commission is requested to consider the possibility of formally allowing this modification and is reminded to ensure that all modifications, dispensations and/or interpretations are formalized by means of an official bulletin/circular issued by MSA.
All parties are reminded of their rights of appeal to the MSA National Court of Appeal.
Ref. 155584/98
(19 October 2009)
MSA Court of Appeal 364
APPEAL LODGED BY WAYNE MASTERS (FATHER OF COMPETITOR KEAGAN MASTERS) ARISING FROM A PROTEST PERTAINING TO THE GP JUNIOR CLASS AT THE VEREENIGING KARTING NATIONAL ON 09TH AUGUST 2009. HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 18H00 ON WEDNESDAY 02ND SEPTEMBER 2009
Present:
Messrs : Piet Swanepoel - Court President
Lindsay Steyn - Court Member
Alan Kernick - Court Member
Wayne Robertson - Technical Consultant
Dick Shuttle - MSA Steward
Richard Davies - Club Steward
Wayne Masters - Appellant
Iain Pepper - National GP Jnr Representative
Mike Ramsay - Engine builder (for Appellant)
Maria Buys - MSA (Scribe)
The President introduced himself and the other court members. There were no objections to the composition of the court.
Having heard and examined the evidence presented, the court records the following:
1. The court was of the opinion that there was sufficient doubt surrounding the weighing of the flywheel with different weights being recorded.
2. The court therefore upholds the appeal and Mr Masters’ appeal fee is herewith returned less administrative charges.
3. Competitors 60 (Keagan Masters) is hereby re-instated into the results of GP Junior Race 1,2 & 3 at the Vereeniging National Karting event held on 09th August 2009.
All parties are reminded of their rights of appeal to the MSA National Court of Appeal.
Findings submitted via email 04th September 2009.
Ref. 154879/098
(04 September 2009)
MSA Court of Appeal 359
APPEAL LODGED BY IAIN PEPPER (FATHER OF COMPETITOR JORDAN PEPPER) ARISING FROM A PROTEST PERTAINING TO THE JUNIOR ROK CLASS AT THE IDUBE KARTING NATIONAL ON 04TH JULY 2009. HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 18H00 ON THURSDAY 06TH AUGUST 2009
Messrs : Piet Swanepoel - Court President
George Portman - Court Member
Tony Jones - Court Member
Sparky Bright - Commission Technical Representative
Anthony Taylor - Competitor’s Father
Kenneth Maciver - Competitor’s Father
Alex Licen - Competitor’s Father
Vito Bonafede - Competitor Liaison Officer
Iain Pepper - Competitor’s Father
Adrian Scholtz - MSA
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no objections to the composition of the court.
Having heard and examined the evidence presented, the court records the following:
1. The court upholds the appeal and Mr Pepper’s appeal fee is herewith returned.
2. Competitors 5 (Mitchell Licen), 10 (Chad Maciver) & 126 (Michael Taylor) are hereby excluded from the results of Junior Rok Race 3 at the Idube National Karting event held on 04th July 2009 (refer to GCR’s 113 & 114).
3. The court hereby directs the Karting Commission to ensure proper procedures are followed at all future events.
4. The Clerk of the Course is hereby severely reprimanded for not ensuring proper compliance with the regulations and procedures.
All parties are reminded of their rights of appeal to the MSA National Court of Appeal.
Findings read at 19h15.
(11 August 2009)
MSA Court of Appeal 354
APPEAL LODGED BY ARTHUR GEERDTS AGAINST THE FINDINGS OF THE STEWARDS AT THE JUNIOR REGIONAL OFF ROAD RACE HELD AT PIKETBERG ON THE 23RD OF MAY 2009. THE HEARING WAS HELD IN THE MSA BUILDING, KILLARNEY CIRCUIT IN CAPE TOWN AT 18H00 ON THE 11TH OF JUNE 2009.
PRESENT: Clint Rieper (Court President)
Brian Jeffries (Court Member)
Frank Creese (Court Member)
Jan Thorsen (Clerk of Course)
Kim Falkenberg (MSA Steward)
Laurence Renwick (Club Steward)
Helga Louw (Club Secretary)
Alan Tucker (Competitor Father)
Mark Louw (Scrutineer)
Arthur Geerdts (Complainant)
Alana Geerdts (Complainant)
May Popham (Witness)
Alison Jacobs) (Witness)
The Court members introduced themselves and as there were no objections to the members the case were heard.
Findings:
The appeal is thrown out due too no proof of any GCR or SSR been transgressed and the appeal fee is retained.
Other matters:
The MSA steward is reprimanded for not having a properly formulated protest hearing.
The MSA and club steward are further reprimanded for getting involved with the organization and running of the day. This is not their duty or function on the day.
The club is required to have a hotbox and a permanently positioned pit lane marshal in accordance with the SSR’S.
An acquisition of a speed gun by the club will be a great help in assisting the pit lane marshal with checking on speeding.
All parties are reminded of their rights to further appeal these findings as per GCR’S.
These findings were read at 19h00.
(18 June 2009)
MSA Court of Appeal 355
APPEAL LODGED BY NEIL HARE (FATHER OF COMPETITOR ASTON HARE) ARISING FROM AN ON-TRACK INCIDENT BETWEEN ASTON HARE AND CALEB WILLIAMS AT KILLARNEY ON 2ND MAY 2009. HEARING HELD IN THE MSA BOARDROOM, 9 MONZA CLOSE, KYALAMI PARK AT 18H00 ONWEDNESDAY 11TH JUNE 2009
Present: Glenn Rowden - Court President
Wayne Robertson - Court Member
Wayne Riddell - Court Member
Alan Kernick - Court Member
Eldrid Diedericks - Clerk of the Course
Mark Williams - Father of Competitor
Dee Williams - Mother of Competitor
Caleb Williams - Competitor
John Wood - Witness for Caleb Williams
Greg Mitchell - Representative – Aston Hare
Neil Hare - Father of Competitor
Aston Hare - Competitor
Maria Buys - MSA (Scribe)
The president introduced himself and the other court members. There were no objections to the composition of the court.
Having heard and examined the evidence presented, the court records the following:
1. Competitor Williams attempted an opportunistic overtaking manoeuvre into a diminishing gap notwithstanding that competitor Hare had the racing line.
2. The result of this manoeuvre was an inadvertent collision between the two karts.
Based on the above, the court makes the following findings:
1. Competitor Williams is excluded from the results of Junior Rok Heat 2 (during which the incident took place) and, furthermore, he is to be placed under observation for the remainder of the 2009 national karting events.
2. The court members are perturbed to note Mr Hare’s use of the words “deliberately taking him out” as recorded by him in his initial protest. This could be viewed as a contravention of GCR 172 and the court cautions him to refrain from the use of similar inflammatory phrases in the future.
3. The appeal fee, less R1000 administrative costs, is to be returned to the appellant.
All parties are reminded of their rights of appeal to the MSA National Court of Appeal.
Findings read at 19h33.
(15 June 2009)
MSA Court of Appeal 347
APPEAL HEARING 347
HELD ON THE 18TH FEBRUARY 2009, TO HEAR THE APPEAL LODGED BY C. BEZUIDENHOUT ARISING FROM AN INCIDENT THAT TOOK PLACE BETWEEN HIMSELF AND COMPETITOR J. SHERRATT AT A KARTING EVENT HELD ON 30/11/2008.
PRESENT: GEORGE PORTMAN COURT PRESIDENT
RICHARD VAUGHAN COURT MEMBER
ROB SPENCER COURT MEMBER
TRUDY STEGEN MSA STEWARD
JULIAN LURIE CLERK OF THE COURSE
C. BEZUIDENHOUT FATHER OF COMPETITOR
V. BEZUIDENHOUT MOTHER OF COMPETITOR
G. SHERRATT FATHER OF COMPETITOR
D. DE BRUIN CHIEF MARSHAL
B. MAYBERRY WITNESS
G. SWANEPOEL WITNESS
H. AUGUSTUS WITNESS
G. JACOVIDES WITNESS
C.L. WING WITNESS
R. VAN HEERDE WITNESS
N. DE BRUIN WITNESS
PROCEEDINGS
No objections were lodged against the composition of the Court.
Mr Bezuidenhout lodged an objection with regards to certain witnesses present and later to the legitimacy of the composition of the Stewards. After deliberation the Court overruled both objections and the Appeal continued.
Having heard the evidence & representations of the person/s present, and affording them ample opportunity to present their evidence the Court found as follows:
FINDINGS OF THE COURT
• There is no doubt in the Courts mind that competitor Bezuidenhout was driving in a reckless and dangerous manner.
• Whilst it is accepted that the use of certain hand signals is the ‘norm’ in racing, the use of abusive hand signals is not allowed and the Court is convinced that competitor Bezuidenhout was guilty of this infraction.
• The decision of the Stewards is therefore upheld.
• The Court wishes to note the following: Competitor number 20, Jordan Sherratt was also clearly guilty of wild and reckless driving, but to a lesser extent.
• The Court therefore rules that the Appeal was not successful, and the Appeal fee is forfeited.
• Competitor Bezuidenhout is further disqualified from participation in any Motorsport event for a period of one (1) year. Said disqualification is suspended for 12 months. This disqualification will be effective immediately.
• Competitor Sherratt is disqualified from participation in any Motorsport event for a period of six (6) months. Said disqualification is suspended for 6 months. This disqualification will be effective immediately.
• The secretary of the meeting concerned is reprimanded for not complying with regulations pertaining to the official notice board.
• The MSA Steward of the meeting is also reprimanded for not having complied fully with all required regulations.
• The Court would like to note for the record that officials are appointed to do a particular function and all officials are reminded of the necessity of adequately fulfilling that function.
• Costs in the amount for R5000.00 (five thousand rand) are levied against competitor Bezuidenhout.
All parties are reminded of their right to appeal.
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