The Swell
SAFA vs BFC
May 2021
Consequently, the failure to engage in constructive dialogue between April 6 and May 13, 2021, meant a lost opportunity to potentially resolve the situation, compelling us to brace for the subsequent consequences.
Given that the BFC was not implicated in the criminal charges, the situation was officially considered a private legal matter strictly between the suspended member and CapeNature (CN), rather than an issue for the BFC. This position was formally communicated to all relevant parties, including the member involved.
Subsequent to the criminal charges being filed, the implicated member contacted me to request a detailed BFC member list with contact numbers for his attorney. In my capacity as Interim BFC 2020 Secretary/ Treasurer, I declined this request. I explained that this was a private legal matter and, importantly, that the BFC had a fiduciary duty to protect its proprietary information and the personal data of its members. I further clarified that the BFC lacked the authority or mandate from its members to disclose such personal information, a stance consistent with the POPI Act. I advised the member that his attorney was welcome to contact me directly with any queries.
The member subsequently conveyed his dissatisfaction with our refusal to SAFA. On May 16, 2021, the member’s lawyer contacted me she acknowledged the BFC’s position and agreed to accept redacted information from the BFC’s CN falconry permit, instead of the personal member data initially requested. Consequently, on May 18, 2021, I provided the CN permit information in the agreed-upon redacted format.
Later that evening, on May 18, 2021, the SAFA chairman contacted me directly, instructing me to provide the BFC members’ personal information to the implicated member’s attorney. I again refused this request, a decision that was met with disapproval from SAFA. Acting on legal advice, the IBFC2020MC then formally issued its Position Statement regarding the situation. This statement reiterated to SAFA that the member’s case was a private legal issue between him and CN, and that the BFC would not become involved unless legally compelled to do so by a court order. This stance frustrated SAFA, as they perceived it as a failure to follow their ‘guidance.
A disciplinary hearing was duly scheduled and conducted on May 28, 2021, by the BFC Disciplinary Code. The member attended but, acting on the advice of his legal representative, refused to participate. During this time, he mentioned that on April 6, 2021, the SAFA chairman had telephonically communicated with the SAPS and CN during the ‘raid.’ Furthermore, the member angrily threatened the BFC disciplinary committee, stating, ‘if I go down, I will not go down alone, I will take all down with me,’ before abruptly leaving the proceedings. These threats and remarks were a significant concern. The hearing concluded with the decision that the member would remain suspended from the BFC pending the resolution of his criminal case with CN.
The BFC disciplinary committee communicated feedback on the hearing to the IBFC2020MC. Both the member and SAFA were then officially informed in writing of the disciplinary hearing’s outcome, via a letter dated May 31, 2021. The IBFC2020MC had anticipated that this would conclude the BFC’s involvement in the matter for the time being; however, this expectation was short-lived.
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