Muzi Yeni’s appeal has resulted in a considerably lesser penalty (Picture: Wayne Marks)
The National Horseracing Authority of Southern Africa (NHA) confirms that an Appeal was heard in Johannesburg on 20 October 2025 following the outcome of an Inquiry held in Durban on Wednesday, 4 June 2025, where Jockey M Yeni was charged with a contravention of Rule 58.10.2, read with Guideline M in Appendix E relating to the use of the crop. The particulars of the charge were that Jockey Yeni misused his crop by striking I SALUTE YOU more than twelve times (13) during Race 7, the World Sports Betting Sledgehammer (Listed) at Hollywoodbets Scottsville Racecourse on Sunday, 13 April 2025. Jockey Yeni pleaded not guilty to the charge but was found guilty by the Inquiry Board. The Inquiry Board imposed a penalty of a fourteen (14) day suspension from riding in races and a fine of R9 679.00 (nine thousand, six hundred and seventy-nine rand).
Jockey Yeni exercised his Right of Appeal against both the finding and the penalty imposed.
APPEAL BOARD FINDING
After careful consideration, the Appeal Board made the following determinations:
- Transgression of Rule 58.10.2:
The Appeal Board confirmed that the Inquiry Board was correct in finding Jockey Yeni guilty of contravening Rule 58.10.2. - Imposition of Penalty:
The Appeal Board found, however, that the Inquiry Board did not sufficiently take cognisance of the degree of interference involved in the incident. Furthermore, the Board remarked that Jockey Yeni, not being legally qualified, should have received greater procedural assistance during the Inquiry. - Legal Principles Considered:
In referencing the judgment in S v Mlambo, the Appeal Board noted that an Inquiry Board should not deviate from the penalty guidelines on frivolous grounds, but compelling circumstances may arise wherever strict application of a guideline may result in an injustice. Both mitigating and aggravating factors must be properly balanced when imposing sanctions. - Reconsideration of Sanction:
The Appeal Board determined that applying the minimum guideline penalty in this case would be unduly harsh in light of the circumstances. - Revised Finding and Penalty:
The Appeal Board accordingly substituted the sanction imposed by the Inquiry Board with the following:- A fine of R3 000.00 (three thousand rand) for the second offence of 13 strikes.
- The portion of the guideline prescribing a 14-day suspension and a 5% deduction of stake money (R9 679.00) is suspended for the remainder of the current racing season.
- Should Jockey Yeni commit a similar infraction in any race during the rest of the season, the suspended portion of the penalty will be added to the sanction applicable at that further infraction.
- This ruling applies to all levels of races, irrespective of their grading or nature.
- Refund of Appeal Fee:
The Appeal Board further ordered that the appeal fee be refunded to Jockey Yeni.
MICHAEL SHACKLETON
LEGAL EXECUTIVE
