Botha tackles Bulls in court
Fri, 25 Apr 2008 00:13
Ready for court action: Bakkies Botha wants out
The protracted saga surrounding World Cup-winning Springbok lock Bakkies Botha's wishes to join French Second Division outfit Toulon will take a dramatic new turn when he goes head-to-head with his current employers, the Blue Bulls Company (Pty) Ltd (BBC), in court next week.
It was confirmed on Friday that the Labour Court in Johannesburg will consider, on Wednesday next week, a motion in which Botha asks for his contract with the BBC to be declared null and void.
Botha, who has already missed two deadlines to join up with Toulon, current leaders in the Pro D2 club competition in France, has been stonewalled by both the Bulls and SA Rugby (Pty) Ltd (the commercial arm of the South African Rugby Union - SARU).
They have steadfastly refused to release him from his contracts.
Botha extended his Bulls contract by five years last year and has also signed a new Springbok contract.
Barend van Graan, CEO of the Blue Bulls Company, told rugby365.com on Friday that Botha's application would be opposed.
"We [the Blue Bulls Company (Pty) Ltd] can confirm that an application has been lodged by Bakkies Botha in the Labour Court, by virtue of which the Court is requested to find that the agreement between Botha and the BBC be declared null and void," Van Graan said.
"If successful it would mean the BBC would be obliged to sign a clearance form in terms of which Botha would be authorized to play for the French club Toulon.
"The application of Botha will be opposed by the [Blue Bulls] Company," Van Graan concluded.
Botha has not tried to explain, after all the speculation about his future, how he managed to commit to Toulon while he had valid contracts with the Blue Bulls and SA Rugby.
No doubt the Labour Court's findings will have far-reaching consequences for rugby in South Africa, especially if Botha is released from his contractual obligations.
Botha is represented by Bernie Habana, who also negotiated the Blue Bulls contracts of his son Bryan Habana and Wynand Olivier.
This trio has been repeatedly linked to French clubs.
According to reports in the Pretoria media their contracts and that of Botha correspond almost to the letter. Their contracts also run until the end of 2011.
Bryan Habana is a rugby icon far beyond South Africa's borders and European and British clubs will fall over each other to acquire his services if there were the slightest possibility.
Bulls coach Frans Ludeke has tactfully maintained that the controversy surrounding Botha's much-discussed plans has not had a negative influence on his game or the rest of the team.
However, the performances of the team suggests the impact may have been far greater that Ludeke would lead on, despite his tactful attempts to put out fires in a disrupted camp he inherited.
That Botha has turned to the labour court will surely result in his involvement in the Bulls' last three Super 14 matches being reconsidered.
Jonathan Stones, chief executive of SA Rugby, was not available on Thursday to say whether Botha's Springbok contract was part of the application.
