Boland fined for ineligible player
The sanction was applied by a SA Rugby disciplinary committee following the laying of a complaint by the Falcons Rugby Union.
A second charge brought by the Eastern Province Rugby Football Union of also fielding ineligible players during the Currie Cup Qualifiers was dismissed. Both charges were heard by Advocate Rob Stelzner
In the case brought by the Valke, Stelzner found that Boland were in breach of Regulations 4.2 – 4.4 of the Player Status, Player Contracts and Player Movement regulations, for fielding Christopher Bosch in six matches between April 8 and May 13 2016, without the necessary clearance certificate.
Bosch was registered to play for Brakpan and although the Falcons offered him a renewal of his contract in 2015, the player had refused this, opting to join Boland instead. The Falcons only became aware of this when Boland applied, belatedly for his clearance, on May 18, 2016, and felt compelled to bring the transgression to the attention of SA Rugby even though the clearance was granted on the same day.
Boland apologised to the Falcons and explained that it was an oversight at the commencement of the season. Boland conceded that Bosch had been contracted to the Falcons and was registered with Brakpan in 2015, but that he had never played any matches for that club.
Stelzner found that the player's previous registration with the club was not in issue, but that playing for Boland without obtaining a clearance certificate from his previous province, the Falcons, was in contravention of the Transfer Regulations. Previous similar cases were taken into consideration and a suspended fine of R7 000 per match was imposed, totalling R42 000.
"Forfeiture of points is in my view was not appropriate in the present matter, as the omission was a technical one – the moment the certificate was applied for it was granted," said Stelzner.
"Furthermore, the Falcons did not have any objection to the player transferring to Boland and playing for Boland and would have agreed to that at the outset had such approval been sought. Boland's apology and remorse further counts in its favour together with the immediate steps it took to remedy the mistake."
In the second case against Boland, brought by Eastern Province for the fielding of two players, Basil Short and Shaun McDonald, Stelzner dismissed the charges, essentially finding that the contacts with EP had been cancelled.
"None of the parties to the contract performed in terms thereof from, it appears, October 2015 when EP experienced financial difficulties and was unable to pay the players their salaries," said Stelzner.
"In addition, and in any event, on December 18, 2015 EPRFU informed both players that it wished to reach settlement with them about terminating the contracts.
"To the extent that this was not acceptance of the players' earlier cancellation or a termination itself, but only a repudiation of the contract, such repudiation was accepted by the players through their conduct in signing up for Boland [which had occurred mid-December] and playing for Boland thereafter."
