Open letter from Mark Sham - RE: NHRA

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2 weeks 2 days ago - 2 weeks 2 days ago #774322 by Bob Brogan
Bob Brogan created the topic: Open letter from Mark Sham - RE: NHRA
Dear Sirs,

Certain things have been bugging me for a while but it finally took Mr Hyde’s response to a default judgement to push me to write this letter. I will be bringing 3 issues to your attention but have so many more in my head it will take more than this email to get to.

We are all in racing , which is one of the most expensive hobbies anyone can have, for mainly one thing.....passion !

Unfortunately the NHA seem hellbent on trying to get rid of the people that are keeping the game on its rickety legs.

1 My wife was found guilty of a “positive out of competition “ test taken from a horse in her care despite the NHA vet even coming out in her favor. At great expense to NHA a long inquiry was held and she was given a hefty fine. This was put out in a press release by NHA and my wife was vilified on social media being called amongst others a “drug artist” and “shouldn’t be allowed to hold a license” . It cost us R10 000 to defend this and NHA sent an email to turn around this finding. To date no press release or retraction or apology has been printed by NHA so in the minds of the public she still has this stigma.

2 As per NHA rules a transport company went through a 9month, R20 000 journey to get a default judgement on a color holder whose debt is more than 2 years old only to have Mr Hyde decide on his own that he won’t default the owner. This person does not only owe the transport company but many others too. It is this total lack of support that allows people to just run up bills then default.

3 A work rider gets injured in a race under NHA rules but then it’s discovered that there is no insurance for them. It becomes his own issue to get medical care and wages while he can’t work. How did this get past your rules Mr Hyde?

Mr Moodley, I have tried to call you 5 times with not even a message back from you. At least Phumelela and RA return your calls and queries.

I know you see us as small owners and trainers but please don’t treat us like mushrooms and think we are below being treated with respect.

Mark Sham
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Last Edit: 2 weeks 2 days ago by Bob Brogan.
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2 weeks 2 days ago #774326 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA
Reply

Dear Mr Sham,

The issues that you raise below fall under the jurisdiction of Mr Arnold Hyde - Executive Director: Racing Control and I believe that he has been communication with yourself.

I am aware of his responses and concur with his approach. It’s almost impossible for me to attend to every query that my Executive team are currently attending to. You need to understand and appreciate that my role is also very strategic and operational matters DO NOT fall directly within my mandate and I only INTERVENE when the NEED arises. This is not warranted in these scenarios you raise

I certainly DO NOT discriminate and never did. I take umbrage to you comments of “treating you as mushrooms”.

Thank you

Vee Moodley

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2 weeks 2 days ago #774330 by Gazza
Gazza replied the topic: Open letter from Mark Sham - RE: NHRA
Shocker!

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2 weeks 2 days ago #774333 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA
Mr Hyde has not been in contact with me.

If you just replied to one of my calls this letter would not have been necessary. You are well aware of how upset I was over the positive.

What do you as The Head aim to do about the bad debt in racing? Surely this serious matter falls under your mandate? It’s the biggest cause of problems in racing and you don’t see it as serious enough?

I take umbrage at the rules of NHA being used in a discriminatory basis.

Mark Sham

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2 weeks 2 days ago #774334 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA
Mr Hyde, is the correct person to deal with. Upon receipt of this response he shall respond.

We shall NOT intervene in “business relationships” between Trainers and Owners other than what our current rules allow.

Thank you

Vee Moodley

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2 weeks 2 days ago #774336 by Dean321
Dean321 replied the topic: Open letter from Mark Sham - RE: NHRA
And i thought we as punters are always getting the short end of the stick.

This is the kind of responses how NOT to run a business/ department/ etc.

I have now seen it all.

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2 weeks 2 days ago #774342 by New Turf Carriers
New Turf Carriers replied the topic: Open letter from Mark Sham - RE: NHRA
29 October 2019

I am writing on behalf of New Turf Carriers (Proprietary) Limited (“New Turf”), of which I am a Director, in order to bring to light the inaction and failure by the National Horse Racing Authority (the “NHRA”) to enforce the NHRA Rules and uphold the provisions of the NHRA’s Constitution.

For the purposes of this correspondence, the debtor shall be referred to as Mr X throughout.

Mr X has used the equine transport services of New Turf for several years. New Turf has always rendered the most professional equine transport services to its patrons which Mr X sought to use for the purposes of transporting his equine thoroughbreds. Despite New Turf rendering and discharging all of the necessary equine transport services, Mr X failed to attend to payment of his account with New Turf and owed same outstanding transport fees in the amount of R 28 580.00 (twenty-eight thousand, five hundred and eighty rand).

In order to recover the abovementioned fees, New Turf instituted action and issued summons in the Magistrate’s Court. This process was a lengthy one and New Turf incurred substantial legal costs in order to secure a favourable judgment. After a duration of 8 months, the Magistrate granted a default judgment against Mr X which New Turf forwarded to the NHRA for the purposes of activating the procedure as contained within Rule 97.

Rule 97 provides as follows:


In line with the abovementioned Rule, New Turf submitted the default judgment and tendered the prescribed fee on or about 17 September 2019. The Chief Executive of the NHRA, in terms of Rule 97.3, was then required to provide Mr X with 10 days within which same is required to make representations. In this case, the 10-day time period would have expired on or about 03 or 04 October 2019 if Mr X was notified on a prompt basis by the NHRA (as the public holiday is to be excluded in the calculation).

After various exchanges with Mr Arnold Hyde (“Mr Hyde”) of the NHRA, it was established that Mr X would be afforded a further 2 days within which to make representations as a result of the NHRA having struggled to contact Mr X. In addition to the above, Mr X was afforded a further indulgence until the 10 October 2019 in order to make said representations. This further indulgence was provided by Mr Hyde as a result of Mr X alleging that he would be consulting with attorneys in order to challenge the default judgment.

As the matter was being delayed with no resolution in sight, we instructed our attorney to draft correspondence to Mr Hyde regarding the numerous indulgences afforded to Mr X based on his numerous allegations and unfounded claims. Mr Hyde advised that Mr X would be afforded until the close of business on Friday, 25 October 2019, to provide written confirmation that same had successfully applied for a rescission of the default judgment.

At this stage, it is most important to note as follows:
i. that this matter has been delayed for well over 1 (one) month;
ii. that Rule 97 seems to offer very little assistance to New Turf as a racing creditor with a default judgment; and
iii. that Rule 97 refers to the Chief Executive who is required to deal with the issue of Defaulters and all matters related thereto.
With respect to point 3, it is most important to take note that Mr Hyde is the Racing Control Executive whilst Mr Vee Moodley (“Mr Moodley”) is the Chief Executive. To date, no response or exchanges have been received from Mr Moodley in respect of the matter at hand.

After awaiting receipt of the successful rescission application, Mr Hyde advised that he had sight of, and considered the rescission application and accompanying affidavit attested to by Mr X. To this end, the rescission application could not be classified as a successful application in any manner or form. Notwithstanding the above, Mr Hyde advised that after due consideration of Mr X’s affidavit and in exercising his discretion, which discretion is only afforded to the Chief Executive, Mr X would not be declared a Defaulter.

With the above in mind, Mr X may well seek to challenge and rescind the default judgment, however there is certainly no guarantee that such an application for rescission shall be successful and, further, no doubt in my mind that a copy of a rescission application is not proof of a successful rescission application as explicitly required by Mr Hyde. In addition, Mr Hyde only considered the contents of Mr X’s affidavit when exercising his discretion in terms of the Rule without giving as much as a second thought to considering New Turf’s version which resulted in the successful default judgment.

Mr Hyde advised that he would reconsider the matter and exercise his (the Chief Executive’s) discretion after the rescission application had reached its conclusion. In the interim, Mr X is permitted to race his equine thoroughbreds freely while New Turf is due outstanding transport fees from Mr X. The default judgment remains an order of court until same is successfully rescinded or challenged. New Turf shall vigorously oppose the rescission and do currently have in their possession evidence which shall nullify Mr X’s claims and version as contained in his rescission application and accompanying affidavit.

The NHRA has shown a clear reluctance to assist in terms of Rule 97 which Rule should be strictly enforced until there is an order which is contrary to a default judgment. Allowing Mr X to continue racing as a colours holder is certainly not in the best interests of South African horseracing and is contrary to the provisions of the NHRA Constitution. Whether Mr X, with proof of a default judgment and/or a failed rescission application, is listed as a Defaulter remains to be seen.

Michael Sham

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2 weeks 1 day ago #774345 by mr hawaii
mr hawaii replied the topic: Open letter from Mark Sham - RE: NHRA
A work rider gets injured in a race under NHRA rules but then it’s discovered that there is no insurance for them. It becomes his own issue to get medical care and wages while he can’t work. How did this get past your rules Mr Hyde?

I wonder if Mr Moodley will enjoy the POLITICAL hot potato when an unfortunate(and quite possible) race accident occurs and a few workriders fall , perhaps one dies or is paralyzed and the families of such approach those eager EFF people that just can't wait to close racing down...
If I recall a PROFESSIONAL JOCKEY was stood down as his INSURANCE had lapsed yet poor workriders without means to secure insurance are allowed to race without future protection should they be injured - DISGUSTING and EXPLOITIVE in the extreme .... I do hope that the LOSS OF LIFE of a BREADWINNER is IMPORTANT enough to worry the strategic planner that MR Moodley claims to be - I wonder if the work-riders feel a little "discriminated" against when they ride without insurance under the NHRA rules!!!

THE MORE YOU STUDY FORM THE LUCKIER YOU GET

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2 weeks 1 day ago #774352 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA
Just had a message to say that the Work Riders are now insured under an Umbrella service

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2 weeks 1 day ago #774360 by oscar
oscar replied the topic: Open letter from Mark Sham - RE: NHRA
Vee that is so unlike you mate. You are always ready to role your sleeves up and get involved when its a contentious issue. I know how hard both you and your wife work and have the greatest respect for your involvement in horse racing. In fact often when considering if its worth it to keep pouring hard earned money into this sport at least I know there is one heavily experienced fair man at a senior level. Even though this case doesn't affect myself in anyway, as an owner since my youth in 1985 owning a share of a horse and since then always, this is my trainer. Please can you not have another look at this outcome?

That is what us owners who are heavily exposed to this sport in difficult times appreciate. Just like the shop floor worker feels more comfortable when the experienced head says "hello, how you doing, is everything all good".

One can one extra look at the above take away? really?

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2 weeks 1 day ago #774363 by Dave Scott
Dave Scott replied the topic: Open letter from Mark Sham - RE: NHRA
Agree Oscar, Vee always had an open door policy in all his positions and has been good for the game IMO

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2 weeks 1 day ago - 2 weeks 1 day ago #774382 by Over the Air
Over the Air replied the topic: Open letter from Mark Sham - RE: NHRA
My take on this is simple

Vee is letting his top line staff do what they are paid for, he cant be expected to do their jobs as well as his own.

If I am understanding things, a default judgement was made against the individual, and this individual has this on appeal? If this is the case then it is no different to jocks who go through the legal process in regards to suspensions and in effect the NHA hands are tied. Perhaps the rules are the problem here?

The individual is guilty but has appealed. Why don't you name and shame, there is no reason that you cannot.

On a final point - I agree with what Mark says. The NHA are quick to deliver judgement and publish when individuals are found guilty, but do not do this when the tables are turned. We still await multiple finds of staff incompetence. Starters, judges, stipes etc. This is the sign of an organisation that believes it does no wrong. A dangerous thing.
Last Edit: 2 weeks 1 day ago by Over the Air.

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2 weeks 1 day ago #774395 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA

Over the Air wrote: My take on this is simple

Vee is letting his top line staff do what they are paid for, he cant be expected to do their jobs as well as his own.

If I am understanding things, a default judgement was made against the individual, and this individual has this on appeal? If this is the case then it is no different to jocks who go through the legal process in regards to suspensions and in effect the NHA hands are tied. Perhaps the rules are the problem here?

The individual is guilty but has appealed. Why don't you name and shame, there is no reason that you cannot.

On a final point - I agree with what Mark says. The NHA are quick to deliver judgement and publish when individuals are found guilty, but do not do this when the tables are turned. We still await multiple finds of staff incompetence. Starters, judges, stipes etc. This is the sign of an organisation that believes it does no wrong. A dangerous thing.


According to the NHRA rules it`s Vee`s job to control the Defaulters list

DEFAULTERS97.THE DEFAULTERS' LIST97.1The CHIEF EXECUTIVEshall keep and maintain the DEFAULTERS' LIST which list shall record the names of PERSONS who have been declared as DEFAULTERS and the date from which such declaration took effect.97.2Any PERSON notifying the CHIEF EXECUTIVEof an arrear or default as defined in RULE 97.4 shall:97.2.1substantiate the arrear or default to the satisfaction of the CHIEF EXECUTIVE, and97.2.2in the case of any arrear or default in terms of RULE 97.4.3 tender the prescribed fee together with the copy of the judgment.97.3The CHIEF EXECUTIVEshall give notice to any PERSON who is alleged to be a DEFAULTER and shall request him to make representations, in WRITING within 10 DAYS, as to why he should not be declared a DEFAULTER. After consideration of such representations, ifany, the CHIEF EXECUTIVEshall have the power to and shall determine in his discretion:-97.3.1whether or not any unpaid sums notified to him constitute or do not constitute arrears and defaults;97.3.2whether or not any arrears or defaults warrant thathe declare the person he determines is responsible for such arrears or defaults to be a DEFAULTER; and if so97.3.3the date with effect from which the name of the PERSON, whom he has declared to be a DEFAULTER, shall be placed on the DEFAULTERS' LIST.97.4Arrears and defaults shall mean any monies, supported by documentary evidence and reported to the CHIEF EXECUTIVEand accepted by him as unpaid by anybody in respect of:-97.4.1any monies due to the NATIONAL HORSERACING AUTHORITY;97.4.2any monies dueto a RACING OPERATOR or associated body;97.4.3judgments in respect of racing related debts;97.5DISABILITIES ATTACHING TO THE INCLUSION OF A NAME ON THE DEFAULTERS’ LIST97.5.1A RACING OPERATOR whose name is on the DEFAULTERS' LIST shall not hold anyRACE MEETING.97.5.2A PERSON whose name is entered on the DEFAULTERS' LIST or a like list maintained by any SPECIFIED RACING AUTHORITY shall not:-97.5.2.1be present at any RACE MEETING;97.5.2.2be present at any racing or training stable, training track or RACE COURSE where HORSES are trained for a RACE;97.5.2.3enter any HORSE for any RACE whether acting as an agent or otherwise;97.5.2.4own or part own or have any interest, directly or indirectly, in any HORSE which is entered for or runs in any RACE except that if he is the lessor of a HORSE, the lease shall not be cancelled;97.5.2.5have, directly or indirectly, under his care, training, management or supervision, any HORSE used for the purpose of racing;97.5.2.6be granted any PRIVILEGE or REGISTRATION under the RULES;97.5.2.7be present in any premises used for betting purposes by any licensed bookmaker or Totalisator Operator;

Mark Sham

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2 weeks 1 day ago - 2 weeks 1 day ago #774401 by Sham Racing
Sham Racing replied the topic: Open letter from Mark Sham - RE: NHRA
OTA tell me what happens when a bank gets Judgement. You automatically go onto blacklist till you have your judge rescinded ..No stories with Bullshit of applying to have judge rescinded stories .Mr X did not appeal judgement with NHRA like a jockey has to

Mark
Last Edit: 2 weeks 1 day ago by Sham Racing.

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2 weeks 1 day ago - 2 weeks 1 day ago #774406 by Over the Air
Over the Air replied the topic: Open letter from Mark Sham - RE: NHRA

Sham Racing wrote: OTA tell me what happens when a bank gets Judgement. You automatically go onto blacklist till you have your judge rescinded ..No stories with Bullshit of applying to have judge rescinded stories .Mr X did not appeal judgement with NHRA like a jockey has to

Mark


I don't disagree Mark, I am merely saying that this will be their defence.

The Jockey Club have long shown that they have a very selective appetite when it comes to enforcing their rules.
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2 weeks 1 day ago #774408 by Sham Racing
Sham Racing replied the topic: Open letter from Mark Sham - RE: NHRA
Agree with both you and Oscar ,Dave...Vee was always open and available however not anymore. He knew I was trying to get hold of him about Mr X but just ignored it

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2 weeks 1 day ago #774413 by oscar
oscar replied the topic: Open letter from Mark Sham - RE: NHRA

Sham Racing wrote: Agree with both you and Oscar ,Dave...Vee was always open and available however not anymore. He knew I was trying to get hold of him about Mr X but just ignored it


Very unlike Vee I must say, maybe he will still look into it for you guys.

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2 weeks 4 hours ago #774462 by Sylvester
Sylvester replied the topic: Open letter from Mark Sham - RE: NHRA
i expect nothing from the NHRA. as they explained they dont have rules but merely guidelines, they can meld when needed to suit themselves. as we all know Vee and his team never make mistakes so should not be challenged

my question is who is MR X and why are Arnie and Vee protecting him/her?

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2 weeks 3 hours ago #774470 by louisg
louisg replied the topic: Open letter from Mark Sham - RE: NHRA
There are many Mr X's out there. The bottom line is that the rules of NHA need a revamp. And if the majority of members stood together, it is possible.

The problem is threefold, though
1)NHA are actually acting within their rules.
2)The big guys wont lift a finger, in terms of changing those rules or getting involved.
3)The majority of Owners, and Trainers don't have the time or inclination to get Politically involved.
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2 weeks 2 hours ago #774476 by Bob Brogan
Bob Brogan replied the topic: Open letter from Mark Sham - RE: NHRA


From Mark Sham

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