South African Rugby's case to have the Southern Spears excluded from this year's Currie Cup competition is solely based on a perceived unreadiness of the rugby franchise to participate competitively, the Cape High Court heard on Thursday morning.
Spears counsel, Norman Arendse, told presiding judge Dennis Davis that the Spears had been told in papers before the court "that they are completely hopeless and out of their depth".
"It appears as if SA Rugby can predict the future because they don't want the Spears to take part in the Super 14 tournament in 2007 and 2008."
Arendse was arguing in an application to force SA Rugby to make good on promises of financial backing and inclusion in the Currie Cup and Super 14 tournaments.
Arendse said it was common cause that SA Rugby had until March paid out more than R5-million to the Spears.
"It therefore follows that there is a legally binding agreement," said Arendse.