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Boks free to go

This follows after judge Ntendeya Mavundla decided that the application by the little-known political party Agency for a New Agenda – made a bid to try and block the Springboks from flying to England for the World Cup – should be stood down.

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While the matter could be heard in another court at another time, the decision means South Africa will take their place in Pool B at the World Cup in England – which gets underway on September 18.

The Boks play their opening match when they take on Japan in Brighton on September 19.

In what many will see as a monumental waste of time and legal expenses, the judge first stood the case down earlier in the morning when ANA President Edward Mokhoanatse arrived at court without any legal representation.

After the case reconvened in the afternoon, the judge decided that the application should be stood down for the parties to draw up an order about the way forward.

It means that while the Springboks will travel to England next Friday (September 11), to attend the World Cup, the issue of transformation is to be thrashed out in court at a later stage.

After a day of legal negotiations the judge, Mavundla, said the ANA had agreed to drop its application for the Springbok players to be forced to surrender their passports.

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"In terms of the players who are supposed to go abroad, my understanding is that action is no longer sought," Mavundla said at the North Gauteng High Court in Pretoria.

Boks free to goMavundla nevertheless criticised the country's slow pace of racial reform since the end of white-minority rule in 1994.

"It cannot be that, 21 years down the line, transformation is at a snail's pace in all sectors," he added.

He committed the court to investigating the matter further, declaring it to be an issue of "national interest" for South Africa.

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"The only issue outstanding is they want a judicial inquiry to be appointed," said Riaan Grundlingh, counsel for SARU.

"Obviously I'm happy [about the judge's decision]."

The matter was put in the spotlight when the ANA President, Mokhoanatse, who gives the appearance of a one-man party, decided last week to bring an urgent application to court.

He claimed the team, with just nine non-white players – with Damian de Allende listed as one of the nine, even though his father claims he is white – is a clear indication that whites are still favoured over blacks in team selections.

"Transformation is grinding very slowly," Mavundla said.

The case cited Sports Minister Fikile Mbalula and the South African Rugby Union as respondents.

SARU have set a target of 50 percent black players in the national side by 2019, but many critics say the sport has failed to recruit and develop young black players.

The racial composition of the Springboks has remained an emotive public issue, which has now been dragged through the courts.

Judge Mavundla said the transformation case will assist government to determine the pace of transformation in all sectors, not only sports.

He suggested that a draft order be crafted and that other parties join in the transformation application.

He said it must not only be about rugby.

Mokhoanatse told the media that he feels vindicated, saying that the judge agreed with his party that 21 years is a long time to get transformation right.

"We are very pleased with the outcome," he added, saying it was a" tactical move".

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