CEO faces legal action as ASA president pleads ignorance on suspensions in parly

Lawyers representing the suspended Athletics South Africa (ASA) officials have demanded the immediate lifting of the suspensions, warning that failure to comply will result in urgent legal action and a personal cost order against ASA’s acting CEO, Terrence Magogodela.

The five suspended members are Ernest Moikangoa, Keinelwe Sesing, Dora Mngwevu, Mfuneko Joko, and Thulani Sibisi are officials from Central Gauteng Athletics (CGA) who were suspended by Athletics South Africa (ASA).

Their suspension, which took effect in August, followed their questioning of the misuse of a company credit card by ASA President James Moloi and the acting CEO Magogodela.

Earlier this year, Moloi and Magogodela told Parliament that they had used the credit card to buy alcohol for business associates.

Parliament also found that the credit card had been used at a shisanyama and various clothing stores.

Last week, Parliament sought clarity on who authorised the suspensions and the reasons behind them.

“I don’t know why they were suspended, and I don’t know who suspended them. But I am aware that the matter is before the disciplinary committee,” Moloi told the Portfolio Committee.

Committee unmoved 

However, the MP’s were unconvinced. Joe McGluwa, the Chairperson of the Portfolio Committee, remarked: “If the ASA president wasn’t informed, either he is ducking and diving, or there was miscommunication between him and the CEO. This raises serious questions.”

Marlon Daniels from the Patriotic Alliance accused Moloi of deliberately misleading Parliament. “The president is intentionally misleading us. He is lying under oath. I want guidance on the charges applicable for this. He has been warned multiple times and has compromised the integrity of this portfolio committee. Don’t you think he should step down?”

Fightback mounted 

The suspended members, through their legal representative, are now demanding answers from Magogodela.

The letter, dated 20 October 2025 reads in part: “We have noted that Mr James Moloi, the President of Athletics South Africa (“ASA”) appeared in front of the Parliamentary Portfolio Committee on Sport, Arts and Culture recently.

“It is deeply concerning that, notwithstanding the fact that our clients have not been formally charged, Mr Moloi confirmed that the matter is already before the Disciplinary Committee (“DC”). This is inexplicable, as no charges have been communicated to our clients, nor have they been furnished with any notice outlining the basis upon which ASA alleges misconduct.

“It is even more concerning that Mr Moloi appeared unaware of who in fact suspended our clients. This raises a serious question as to the lawfulness and authority under which the suspension was effected. These are the very same issues we raised in our initial letter addressed to your offices, yet you have consistently failed and/or refused to provide any clarity or response thereto.”

According to the letter, ASA had previously promised to inform them of the charges, but they failed to do so.

“Nearly two months have now passed, and our clients remain uninformed, while Mr Moloi’s assertions under oath suggest that the matter has already been served before the “DC”. In light of the above, we demand that your office immediately withdraw the purported suspension of our clients. Should your office fail to comply, we hold instructions to institute urgent legal proceedings to set aside the purported suspension.

“Furthermore, please be advised that we intend to cite you in your capacity as acting CEO as a party to such proceedings and to seek a personal costs order against you, given your deliberate refusal to meaningfully engage with our clients, despite repeated attempts to resolve this matter amicably.

“To this end, we wish to place on record that we intend to write directly to the Parliamentary Portfolio Committee on Sport, Arts and Culture, drawing their attention to the discrepancies and contradictions between what Mr Moloi said and the actual procedural states of the matter.”

Magogodela had not responded by the time of publication. His comment will be included in the story once he has responded.

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