Cycling South Africa wishes to notify our members of the outcome of the investigation into alleged age group fixing carried out by Mr Lukholo Badi as a representative of Imveli Cycling Academy.
East Cape Cycling became aware of irregularities after observing that Imveli Cycling Academy’s riders’ dates of birth had been captured incorrectly by Mr Badi onto race entries and on Cycling South Africa’s licensing applications, resulting in the riders competing with incorrect licenses and in age groups below their actual ages.
This prompted East Cape Cycling to convene a three-person tribunal to fully investigate the allegations. The tribunal found that Mr Badi had not simply made an error on the relevant documentation but had intentionally altered official government documentation to support the amended identity numbers.
This resulted in Mr Badi being officially charged by East Cape Cycling with contravention of Cycling South Africa rule 3.3.3 as contained in the Cycling South Africa Rules and Regulations Part 3, Road Cycling.
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Submitting dates of birth and / or ID numbers which were incorrect, thereby placing riders in age categories younger than their actual ages.
Mr Badi was duly informed of the charges, the process, and the date of the hearing. This took place on 4 July 2018. The outcome of the hearing was that Mr Badi was:
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Sanctioned by restriction to any association within the sport of cycling, which includes canvassing and/or receiving any sponsorship contributions under the auspices of cycling for a period of three years, effective 31 July 2018;
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Imveli Cycling Academy/Club to be placed under the immediate administration of East Cape Cycling who are instructed to request financial statements from the club treasurer. East Cape Cycling’s administrative role must include an audit of the club’s bank account especially with respect to contributions from sponsors comparing how these monies were spent.
Mr Badi was informed of the outcome of the hearing and the sanctions that were to be imposed. As per the regulations of Cycling South Africa, Mr Badi was also afforded the opportunity to appeal the finding – the details of this process and time frame for the lodging of the documentation was provided to him.
As no appeal was lodged in the stipulated time period the matter was considered closed and Cycling South Africa notified East Cape Cycling to institute the applicable sanctions.
Following this notification, Mr Badi’s lawyers approached East Cape Cycling and Cycling South Africa with a request to rescind the findings of the Disciplinary Committee based on the argument that the process had been flawed and that East Cape Cycling and Cycling South Africa held no jurisdiction over Mr Badi in his personal capacity.
Legal counsel confirmed the robustness of the process followed by the Committee and the strength of Cycling South Africa’s constitution in terms of jurisdiction over cycling and people engaging in the sport, this being:
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“cycling community” includes but is not limited to members of Cycling SA, event organisers, affiliates, officials, employees, cyclists and any other person representing or purporting to represent Cycling SA wherever they may be, while engaging in activities sanctioned by or under the control of Cycling SA or anybody, person or group connected with the sport of cycling in South Africa.
East Cape Cycling and Cycling South Africa rejected Mr Badi’s request, however in the spirit of mediation a decision to afford Mr Badi the opportunity to once again appeal the finding was provided.
On 28 August 2018 Mr Badi and his lawyer were duly notified of the re-opening of the appeal process and provided with the ten-day window period to lodge their appeal.
By the closing date of the appeal window, Mr Badi had not lodged an appeal, the original sanction remains in force and Cycling SA now deems this case final.
