In a desperate attempt to wriggle himself loose from paying back R37 million to Stellenbosch University (SU), former SA Rugby CEO Jurie Roux’s application for leave to appeal against the decision was denied in the Western Cape High Court.
It was Roux’s second application for leave to appeal denied by the high court, after he was found guilty of misallocating R37m when he worked in the finance department of the university between 2002 and 2010.
Roux, who had been a senior director in the finance department, was found to have manipulated the university’s computerised accounting system and made payments without following proper procedure –breaching his employment contract.
After a forensic audit was done by KPMG, it was found that Roux “misallocated funds” despite not personally benefiting from the payments.
In his newest application for leave to appeal, Roux advanced that there was “gross irregularity in the conduct of the arbitration proceedings” by the university.
In his judgment, Judge Vincent Saldanha said there were no grounds to Roux’s argument.
“Roux himself never complained that he did not have a fair trial before any of the arbitrators, without which he could simply not complain that there was any gross irregularity(s) in the conduct of any of the proceedings ...The university contended, and in my view, correctly so, that Roux had not and could not complain that the proceedings against him were in any manner or form unfair. He had, over a period of close to eight years, ‘deliberately, dishonestly and in bad faith’ misappropriated the funds of his employer, the university. The arbitrators found that he knew exactly what he was doing, did so dishonestly and even attempted to cover his tracks by using software which would not easily reveal a misappropriation of the reserve funds,” said Judge Saldanha.
Judge Saldanha had harsh words for Roux, who would not accept accountability.
“Roux was hardly a defenceless nor hapless employee who inadvertently misused the funds of his employer.
Moreover, he chose his bed in his election of arbitration proceedings and that’s where he must lay. His attempt at invoking public policy considerations appears to be nothing more than a desperate and cynical attempt at extricating himself from liability,” said Saldanha.
Attempts to get comment from Roux by deadline on Monday were unsuccessful.
University spokesperson Martin Viljoen said: “Stellenbosch University welcomes the court’s order dismissing the application for leave to appeal against the previous ruling with awards in its favour on all its claims. The initial summons followed on SU’s commitment to good corporate governance. The university trusts that the eight-year case – which included, among other things, arbitration proceedings, a subsequent appeal and award by the appeal tribunal panel in favour of SU – will now be concluded with this order by Saldanha. At this point no decision has been made on the collection of any amounts that may be due to the university.”
Cape Times