The SAJCC will take place on 3 to 12 January 2020. This was confirmed following a judgement at the High Court on Tuesday, 8 October 2019!
As if there was any doubt about it, the South African Junior Chess Championships (SAJCC) will take place from the 3rd to the 12th of January in 2020 at the Birchwood Hotel and Conference Centre, Boksburg, Gauteng as has been the case in previous years.
Brief confusion over the SAJCC dates
There was briefly some confusion in the South African chess community in August when Facebook posts were made regarding an SAJCC event in Durban in December. There were now 2 dates for the same event, the original given dates of 3 to 12 January 2020 and new dates and venue in December.
Following an urgent application made to the High Court by Judy-Marie Steenkamp, Judge LR Adams of the high court made a ruling regarding the SAJCC. He specified that the first respondent to the tenth respondents were interdicted from interfering with applicants’ rights in terms of the agreement. The agreement in question is the contractual agreement between the 4 Knights and CHESS SA.
The second to tenth respondents are:
Chess South Africa
Mahlodi Johannes
Alfred Pesa
Sandile Xulu
Geraldine Engelman
Keaobaka Dipale
Liezel Ahjum
Mninawa Peter
Thomas Lechelele
Kgaugelo Mosetlhe
Equivocal, irrevocable and unconditional retraction of Facebook statements
The second to the 10th respondents were ordered to make a written and equivocal irrevocable and unconditional retraction on Facebook statements regarding the hosting of the South African Junior Chess championships (SAJCC) and the South African Wild Card tournament.
Some statements had previously been made on Facebook regarding SAJCC event and other events in Durban. This rule clarified the matter once and for all. There will be no SAJCC or SAWC events in Durban.
There will be no other SAJCC event besides the event from the 3rd to the 12th of January. The first respondent to the tenth respondents were also interdicted from hosting the SAJCC, SAWC and any other event terms of the agreement.
A significant development from this judgement is the issue of costs. The second to the 10th respondents are jointly and severally liable. This means they incur costs from the judgement in their personal capacities.
Here are some important documents regarding this matter:
These documents include the judgement issued on 8 October 2019 and the urgent application made to the high court.
Paragraph 27 in the judgement is particularly damning (Please read the complete judgement and application to get full context) :
“In light of all the evidence in this matter, I am of the view that the version of the respondents, on which they base their defence, is so far-fetched that it can and should be rejected on the papers. As was as said in Monde v Vijoen NO and Others 2019 (2) SA 20 205 (SCA) The following was stated:
A recurring feature of the appellant’s answer is a bald denial of the allegations in the founding affidavit. This, so the appellant’s counsel submitted, gave rise to several disputes or fact so that a final order could be granted only if the facts I’ve averred in the respondents affidavits, which have been admitted by the appellant, together with affect alluded to buy the latter, justified such order, in accordance with the rule in Plascon– Evans. However, the appellant has ignored the exceptions to this general rule: a respondent’s (the appellant in this instance) allegations may be rejected merely on the papers if they consist of bald or uncreditworthy denials, raise fictitious dispute of fact, or are probably implausible, far-fetched or clearly untenable.”
2 comments
Good Day could you please post the full judgement as well as the opposing papers if any
Thank you Fanie. We have posted the full judgement. At this point we don’t have the opposing papers but we will try to get our hands on this and to the article.