Comrades Marathon Association membership conditions remain unchanged amid ongoing legal fight

Gerda Steyn at the start during the 94th Comrades Marathon on June 09, 2019 in Durban, South Africa. (Photo: Anesh Debiky/Gallo Images)

By Yanga Sibembe

24 Feb 2025

Comrades Marathon Association members are pleased after court preserves their rights amid power struggle between them and KZN Athletics.

A recent court ruling has upheld an interdict obtained by a group of Comrades Marathon Association (CMA) members against KwaZulu-Natal Athletics, preventing the latter from implementing a constitutional change which would drastically alter operations within the association.

On 20 February, KZN Athletics were back at the Pietermaritzburg High Court, attempting to defend their position in a case brought against them by a large number of paying CMA members who are against this significant constitutional change.

At the centre of the fracas is the domicilium rule contained in the KZN Athletics constitution, which simply says only residents of KwaZulu-Natal can belong to running clubs within the province.

Though it is not a running club by definition, the CMA is a special member of KZN Athletics. However, the displeased members are accusing the sports body of attempting to seize control of the association, to further their own supposedly nefarious needs.

The most recent court appearance for the parties essentially maintained the status quo within the CMA, preserving the existing rights of all members in good standing, whether they live in KZN or not. This is until a finite ruling is made on the matter, in about a year.

Comrades KZN Athletics president Steve Mkasi at the 2024 Durban International Marathon launch held at the Riverside Hotel on 19 September 2023. (Photo: Gallo Images)

Where it started

At the centre of the quarrel is a constitutional amendment within KZN Athletics, which was made in August 2024. The sports body resolved that CMA members outside KZN could not speak or vote at a CMA meeting – for the first time in the CMA’s history.

This was ahead of a special general meeting (SGM) which was called by concerned members of the CMA, amid allegations of racism and maladministration within the association. At the subsequent SGM then board member Zinhle Sokhela resigned after being at the centre of the racism allegations.

The reasoning from KZN Athletics for the proposed constitutional alteration is that the CMA is its special member. The former’s membership is strictly restricted to clubs in the province – the domicile rule.

KZN Athletics also says its stance is supported by the Athletics South Africa constitution.

However, CMA members voiced their concerns in 2024, saying they felt that KZN Athletics was interfering with the CMA’s autonomy through their decree. The direct result of the resolution would mean those living outside KZN would merely be recognised as volunteer members, not voting ones.

As a result, they would not have a direct say in the overall running of the CMA, which is the annual organiser of the Comrades Marathon.

Gerda Steyn at the start of the 94th Comrades Marathon on in Durban on 9 June 2019. (Photo: Anesh Debiky / Gallo Images)

While a final resolution is sought on the matter – pending the finalisation of the review on it – Judge Peter Olsen extended the interdict which was granted to the CMA members ahead of the August SGM.

The members will be relieved by Olsen’s ruling, especially after they argued that without this interdict in place, their rights would be unprotected, thus prejudicing them and in their roles as key stakeholders in the CMA.

“Not only is the resolution in direct conflict with the CMA constitution, it also seeks to divest existing members, residing outside the province, of their long-established rights,” the members argued.

Read more: Embattled Comrades Marathon Association elects new board boasting ‘young blood and experience’

KZN Athletics argued that the interdict limits their ability to perform their duties. However, they will have to live with the latest judgment until they can debunk the assertions of the CMA members.

The provincial federation also said the matter could have been resolved internally, something the members have previously said they tried to do, to no avail.

“They’re hypocritical in their actions. They are saying this is what should happen. But they allowed this thing to go to court,” a source told Daily Maverick before the initial court proceedings in 2024.

In its constitution KZN Athletics says one of its missions is “to contribute towards nation-building and the promotion of nation-building, towards the healing of our land, South Africa and the transformation of society…”

Yet the organisation’s actions in recent months have been the complete opposite of this mission, as it seeks to exclude a large chunk of CMA members from enjoying the same rights as those who reside in KZN.

Second term

In spite of the controversy that has followed his administration, KZN Athletics president Steve Mkasi says he is ready to run for a second term when the organisation’s quadrennial elections come around in 2025.

“I have given it some thought… You can’t sit through one term. You need two terms to be judged whether your plan was good or bad,” Mkasi was quoted as saying by SABC Sport.

“For me it’s not about love, it’s about what I give to the community of athletics in KwaZulu-Natal. They will always be detractors, those who don’t like you as a person – whether you do good or you do bad,” Mkasi stated.

The hearing for the review will be held within the next 12 to 18 months, after which there will hopefully be a binding ruling. DM

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South Africa

Where it started

Second term