ASA DC dismisses suspensions of Mngwevu and company while calling for update of 'outdated and confusing' constitution

After being suspended by the federation for publicly calling for Athletics South Africa president James Moloi’s head, the 'concerned athletes and administrators' have been vindicated. The group of five led by former ASA Board Member Dorah Mngwevu held a press conference last July during which they called for mass resignations following allegations of financial mismanagement revealed by parliament’s portfolio committee for sport who detailed Moloi’s use of his ASA issued Credit Card to buy alcohol at taverns.

ASA labelled the press conference as unsanctioned and moved immediately to suspend Mngwevu, former top runner Keneilwe Sesing, former Central Gauteng Athletics Board Member Mfuneko Boyce Joko, Soweto Marathon founding member Thulani Sibisi and Ernest Moikangoe on August 8th. Their suspension letters were issued and signed by ASA Acting CEO Terrence Magogodela who was fingered alongside Moloi by parliament. This seems to have been the main procedural flaw that led to the ASA Disciplinary Hearing chaired by Selby Thabethe’s decision to dismiss all the charges against the five.

Mngwevu (far right) is pleased that this chapter has been closed and hopes it will lead ASA to introspection. Photo Credit: Lebohang Pita.

"Mr. T Magogodela did not refer the board decision to be executed in line with the ASA Constitution," said the ruling of the hearing which sat on 18 and 30 December after a time break was granted by the presiding officer to all parties to allow presentations in respective of opposing views. 

"The matter was not referred to ASA Disciplinary Committee for investigation and decision to place the accused in disciplinary hearing. The ASA Acting CEO was implicated therefore he was not supposed to suspend nor formulate charges," said Eastern Province Athletics president Thabethe who presided over both this matter and the James Moloi suspension case that saw Moloi's notice of misconduct dated 12 December 2025 dismissed and his suspension lifted on 22 December.

EPA President Selby Thabethe presided over the matter and dismissed all of the charges against the five accused. Photo Credit: EPA.

Although ASA who were represented by former interim president Sello Mokoena, argued that Magogodela was acting according to certain internal ASA processes that were poorly understood by the accused, Thabethe did not see it that way. Instead he called on ASA to institute as dispute resolution mechanism to mediate on such cases before referring them to the DC, while also pointing out the need to review the ASA constitution. 

Mngwevu and company who were represented by Desmond Brown, an Advocate and partner in G BUYS ATTORNEYS INC, say they are happy to be free of this whole saga adding that they hope this will serve as a lesson to improve ASA governance, while speeding up the drive to update the archaic ASA constitution.

"We hope that all of this will show people that they can raise their voices without fear of oppression, while curbing the abuse of power where ASA use suspension as a tool to remove people without following procedure," said Mngwevu. "I hope this suspension and this case will educate people look at the constitution. ASA is using an old constitution that still refers to the IAAF when WA is six years old. How do you charge me with an old constitution? My frustration is that I know what athletics use to be and what it is at the moment and I'm not sure how we can get where need to be."