Dec. 09--A decision on an eleventh-hour effort to block a Congo-born student from playing basketball for Mooseheart is on hold, clearing the way for Rodrigue Ceda Makindu to take to the court Monday night.
The Illinois Appellate Court's 2nd Judicial District, which on Friday received a request from the Illinois High School Association seeking to delay Makindu's eligibility, will make a decision on the request at the end of the week, a spokeswoman said Monday morning. The IHSA is appealing a Kane County Court decision that declared Makindu, an 18-year-old senior, eligible to play basketball for the Red Ramblers.
Makindu fled the war-ravaged Congo, formerly Zaire, through the efforts of Plano High School athletic director Jim Schmidt and arrived in October 2012 at Mooseheart, a residential community and school in Batavia for children from unstable backgrounds. Schmidt was unable to enroll the teen at Plano High School and Aurora Christian before approaching Mooseheart in August 2012.
Makindu sat out a year to meet state high school athletic eligibility requirements. During that time -- largely in response to Mooseheart's success in gaining basketball eligibility for three tall South Sudanese students -- the IHSA wrote new international student bylaws that prevented Makindu from competing.
An attorney mounted a court challenge to the bylaw. On Dec. 1, Kane County Judge David Akemann blocked the IHSA from imposing the new measure.
Monday night, the 6-foot-3 Makindu came into the Red Ramblers' game at Hiawatha High School in Kirkland off the bench with about 3 minutes left in the first quarter. He proceeded to miss his first two shots, commit a foul and get one rebound. He redeemed himself in the second quarter, when he sank a 3-pointer to help give Mooseheart a narrow lead at halftime. He played about 9 minutes in the first half.
Makindu heated up in the second half, sinking several more 3-point shots and finishing the game with 16 points in a 58-43 Mooseheart win.
"Great, just great," he said when asked how it felt to play for his school for the first time.
Mooseheart coach Ron Ahrens said it was "obviously helpful having him because he adds depth and we have a really nice athlete on the floor."
In its appeal, the IHSA states that Mooseheart "is, quite clearly, attempting to build a basketball dynasty ... by unfairly taking advantage of its unique circumstances." The association notes that the three South Sudanese students -- all taller than 6-foot-7 -- led Mooseheart to last season's Class 1A boys basketball state championship.
Another South Sudanese student, who stands over 7 feet, also is hoping to play for Mooseheart, the IHSA stated.
"Can it be credibly argued that the attendance at Mooseheart of an apparently endless line of tall, talented African basketball players is a coincidence?" the organization's attorneys wrote in its 10-page request.
In his Dec. 1 ruling, Akemann said the IHSA appeared to discriminate against international students. He singled out the organization's lack of a clear definition of international students.
The IHSA asserts that Akemann's point is a "red herring," that Makindu clearly is an international student in any definition of the phrase. The association also said Akemann "wholly failed to recognize" the IHSA's interest in leveling the competitive playing field among all schools. In addition, the IHSA included letters from two athletic directors concerned about Mooseheart gaining an unfair advantage.
Attorneys for Makindu have argued that the problem is minuscule in the state's athletic competition.
tgregory@tribpub.com
Twitter @tgregoryreports
