Team Shosholoza responds to America's Cup decision

by Di Meek, Team Shosholoza on 5 Apr 2009 Founder and Managing director of Team Shosholoza of the South African America’s Cup Challenger, Capatin Salvatore Sarno has issued the following statement in response to Thursday’s ruling by the New York Supreme Court of Appeals:

'I welcome this week’s New York Court of Appeals ruling. I am really glad that finally, after almost two years of waiting, there is a decision.

'I think that it is the right verdict and that Alinghi and America’s Cup Management (ACM) made a mistake in accepting the challenge for the 33rd America’s Cup from Spain’s Club Nautico Espanol De Vela.

'Now at last we can move forward, although in my opinion it is out of the question that a multi-challenge America’s Cup can be held in 2010 or even 2011. In fact I don’t think it could be before 2012. We are experiencing the worst economic crisis in a century. We need time to come out of this and time to allow the world to regain confidence in sports sponsorship.

'Maybe in the meantime we will find a good solution to keep the competition alive but it won’t be the America’s Cup.

'In the meantime I will be giving my full attention to staying in command of my ship in order to ride the rough waters until the economic storm is over. And when the sea is calm again I will be ready to lead Shosholoza to new heights!

'I will be looking forward to that,' said Captain Sarno, who is also the chairman of the South African division of Mediterranean Shipping Company. MSC is the second biggest container shipping company in the world.

Captain Sarno was reacting to this week’s unanimous ruling by the Supreme Court of Appeals in New York in favour of California’s Golden Gate Yacht Club represented by BMW Oracle Racing.

On Thursday six judges of the Court ruled that the Spanish Club Nautico Espanol De Vela did not, in terms of the America’s Cup Deed of Gift, qualify as Challenger of Record and ordered that the Golden Gate Yacht Club be re-instated as Challenger of Record for the 33rd America’s Cup as per an earlier Supreme Court ruling in 2007.

The Court decision brings to an end an almost two year legal dispute which included appeals and counter appeals between the Golden Gate Yacht Club (GGYC) and the Defender of the America's Cup, the Societe Nautique De Geneve (SNG) represented by Team Alinghi.

The legal proceedings, which related to protocol for the 33rd America’s Cup and the validity of the Spanish Club Nautico Espanol De Vela as a challenger, were initiated within days of Alinghi winning the 32nd America’s Cup in Valencia, Spain, in July 2007. It has effectively paralysed the event since then.

In New York this week the Court of Appeals concluded its ruling by saying they 'whole heartedly agreed that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. It therefore now fell to the Societe Nautique De Geneve (SNG), ( represented Team Alinghi) and GGYC (represented by BMW Oracle Racing) to work together to maintain this noble sailing tradition as 'a perpetual Challenge Cup for friendly competition between foreign countries.' .

But unless agreement can be found between the two teams for a multi-challenger event - that would include Team Shosholoza and other challengers from around the world - the 33rd America’s Cup is most likely to be held as a best-of-three races duel between Alinghi and BMW Oracle according to the conditions of the original Deed of Gift.

If a duel, it is likely the 33rd America’s Cup will be held in giant multi-hulls at a venue selected by Alinghi.

In anticipation of a ruling in their favour BMW Oracle went ahead with the design and build of a radical 90 ft tri-maran. The team have been sail training on it off San Diego in the United States since it was launched last year.

Alinghi meanwhile announced on Friday that they will discuss terms for a regatta with BMW Oracle and prepare their defence of the 33rd America's Cup.


Background to Team Shosholoza (who were the third team to Challenger for the 33rd America's Cup Match)

* Royal Cape Yacht Club in Cape Town is the South African America's Cup Challenge Club.
* Team Shosholoza embraces a strong training and development component through the Izivunguvungu MSC Foundation for Youth in Simonstown, Cape Town.
* Nobel Peace Prize recipient Archbishop Emeritus Desmond Tutu is the patron of Team Shosholoza.
* Team Shosholoza is sponsored by MSC Crociere and Breil Milano.

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