The NHA have sent out a press release (see it at the bottom of the article) about Gavin Lerena’s unsuccessful urgent application to the high court for an interdict, but some might be misled into believing the high court therefore agreed with the NHA’s verdict on the case.
That belief would be incorrect, because in actual fact the judge struck the case off the roll due to a lack of urgency – he did not dismiss the case.
An urgent application has the intention of getting a case heard without having to wait in the normal queue.
Lerena launched an urgent application against the National Horseracing Authority and others in the Gauteng division of the High Court in order to have his recent penalties suspended pending review proceedings being brought in the High Court.
So the matter of urgency here was not a review of the case, but rather a suspension of the penalties.
The judge struck it off the roll as he did not believe it deserved to jump the queue, but no review of the case has been done.
The review remains before the court.
In layman’s terms Lerena is still entitled to join the normal queue for a review if he wishes.
His attorney Kajal Ghaheri, Associate Attorney of Witz Incorporated, responded to the press release sent out by the NHA and a link to that statement can be read at the bottom of this article below the NHA’s press release.
Grant van Niekerk’s urgent application for an interdict might have a better chance of success than Lerena’s, because his suspension has now become a 90 day one considering he has not apologised. He was given a 90 day suspension of which 60 days were suspended subject to him making a public apology.
The judge might decide it is worth suspending the 90 day suspension until a review is heard.
The NHA’s press release on the Lerena case can be read below and underneath that is a link to the response of Lerena’s Legal Counsel:
The National Horseracing Authority of Southern Africa (NHA) confirms that the High Court has dismissed an urgent application brought by Jockey Gavin Lerena seeking to interdict the implementation of disciplinary sanctions imposed following his misconduct during a race.
Background
Following an Inquiry held in Johannesburg earlier this year, Jockey Lerena was found guilty of unprofessional conduct for striking a fellow rider, Jockey Jason Gates, across the back with his crop during the running of a race. The conduct was found to be in breach of Rules 62.2.2, 72.1.25, and 72.1.26, which prohibit behaviour that discredits racing or brings the sport and its regulators into disrepute. An Inquiry Board imposed penalties including a fine and a period of suspension, with portions of both suspended for two years on condition of good behaviour. An Appeal Board subsequently upheld the Inquiry’s findings and penalties on 18 August 2025, confirming that the disciplinary proceedings were properly conducted and the sanctions appropriate.
Failed Court Application
Despite these internal avenues having been exhausted, Jockey Lerena launched an urgent application in the Gauteng South High Court on 25 September 2025, seeking to prevent the NHA from implementing its decision pending an intended review of the disciplinary process.
On 9 October 2025, Judge MV Noko delivered judgment electronically, finding that the matter lacked urgency, self-orchestrated, and accordingly struck it from the roll with costs, including the costs of counsel on Scale B.
This outcome reaffirms the independence and procedural integrity of the NHA’s disciplinary framework. The Court’s decision sends a clear message that the NHA’s internal disciplinary mechanisms are valid, effective, and must be respected. Attempts to bypass these established processes through unmerited urgent court applications not only waste judicial resources but also risk eroding public trust in the sport’s governance.
The NHA welcomes this ruling as a strong endorsement of its regulatory authority and the fairness of its disciplinary structures, which exist to uphold the principles of accountability, safety, and integrity within the horseracing industry.
Statement from the NHA
The NHA reiterates that all licensed jockeys are required to uphold the highest standards of professionalism and conduct. The Authority will not hesitate to act decisively against any behaviour that undermines the reputation of South African horseracing or endangers fellow participants.
The outcome of this matter reinforces that no individual stands above the Rules, and that the NHA’s disciplinary decisions carry the full weight of law. The public and industry participants can be assured that the NHA remains unwavering in its commitment to protecting the integrity of the sport and ensuring that disciplinary sanctions are enforced without fear or favour.
Michael Shackleton
Legal Advisor
The National Horseracing Authority of Southern Africa
9 October 2025
Click for Lerena’s Legal Counsel’s response to the NHA press release
