Ken Borland

Cricket South Africa sadly faces suspension by the Minister of Sport after Nathi Mthethwa rejected the Members Council’s plea for a seven-day extension to sort out their impasse with the Interim Board over the introduction of a majority independent board and independent chairperson.

Having given the Members Council until 5pm on Tuesday to show cause as to why he should not take action against them following their weekend failure to approve the Interim Board’s governance proposals, Mthethwa informed the provincial presidents on Tuesday night that he considered their response “to fall short of addressing the subject of showing cause why I should not apply the provisions of Section 13 (5) of the Sports Act based on your failure to implement a critical aspect of the mandate I gave the Interim Board”, according to a letter which The Citizen has seen.

The Sports Act allows for Mthethwa to withdraw government recognition of CSA, which would prevent them from participating in international cricket, thus surely leading to their suspension from the International Cricket Council and dooming the local game to amateur status.

There is clearly a massive gorge in opinion between what most observers believe are the minister’s powers and what the Members Council are banking on, because Mthethwa mentions “a lack of alignment with my interpretation of the powers provided to me by the Sports Act”.

Mthethwa points out that in his meeting with the Members Council and the Interim Board 10 days ago, there was agreement on the desirability of a majority independent board. He also mentions a letter the Members Council sent to the Interim Board saying the only remaining item for discussion was the definition of non-independent directors.

“Your proposal to convene a multi-party stakeholder conference to deal with a matter that you have been seized with for a number of months does not make sense to me. … I do not understand what would be achieved by a further seven-day extension when you were part of a conference that announced a roadmap that targeted April 17 as a completion date,” Mthethwa said.

The gorgeous irony is that several provinces are now rallying behind the lead of Gauteng and North-West, who called on the Members Council to approve the new constitution. But it is too little, too late.

It is not known whether Cricket South Africa’s Members Council mourned their earlier delaying tactics and scheming, but on Tuesday, as their deadline to accept the governance changes proposed by the Interim Board passed, they requested another extension from Sports Minister Nathi Mtethwa.

Mthethwa had given the Members Council until 5pm on Tuesday to show cause why he should not take action against CSA following their failure at the weekend to accept a majority independent board and an independent chairperson. From an interview the sports minister gave to a radio station on Tuesday night, it seems the Members Council did respond on Tuesday evening.

It is believed Mthethwa will decide on appropriate action overnight.

But having dragged out negotiations for so long, and then finally tried to negotiate at the last hour, it would be understandable if the Minister were to give them short shrift.

A Members Council statement issued earlier on Tuesday is likely to form the basis of their last-ditch appeal to Mthethwa. In the statement, they said they did not have enough time to study and react to the final draft of the Memorandum of Incorporation. They said the Interim Board only gave them the draft less than a day before the Special General Meeting.

The Members Council were not happy that the issue of Sascoc not allowing the CSA constitution to be amended without their approval has not yet been resolved and that the MoI makes provision for just four non-independent directors and not the five that had allegedly been agreed upon earlier. Some provincial presidents are also not willing to accept an independent chairperson of the board and the Interim Board also being the nominations committee for the independent directors.

But Gauteng and North-West issued a statement on Tuesday distancing themselves from the rest of the Members Council and supporting a majority independent board and an independent chairperson. Their stance is believed to be supported by at least three other provinces and Northerns also look likely to accept the amendments to the constitution.

The players, through their union, the South African Cricketers Association, have now had their say in the governance crisis in South African cricket and have questioned whether the Members Council is acting in the best interests of the game.

Cricket South Africa stands on the brink of no longer being recognised by the Minister of Sport and therefore unable to represent the country internationally, after the events of the Special General Meeting last weekend in which the Members Council refused to ratify the proposed amendments to the constitution that would have ushered in a more independent board of directors.

SACA accused the Members Council of acting in bad faith.

“We respect the fact that the Minister has shown great patience in dealing with the governance crisis, and the events as they unfolded at the Special General Meeting of 17 April 2021, were in bad faith and disrespectful not only to his office, but to all cricketers and the public. Government intervention in the sport will have dire consequences, the full extent of which we do not yet know.

“The right to represent South Africa may be withdrawn and the ICC may suspend Cricket South Africa. These outcomes will in turn impact touring, broadcast rights and sponsorship deals. Ultimately the financial viability of the game will suffer and cricket at all levels will be severely prejudiced. The Members’ Council has now acted contrary to the wishes of the Minister, the Nicholson Recommendations, King IV Governance principles, and international best practice – how can this be in the best interests of our game?,” SACA said in a statement released on Monday night and signed by national captains Temba Bavuma, Dane van Niekerk and Dean Elgar.

SACA pointed out that these events will be particularly injurious to the women’s game in South Africa. The last 14 months have been smooth sailing for the Proteas Women, as they have reached career-high rankings in the sport. But all their had work will be undone if CSA aquaplane out of control and drive cricket off a bridge.

“The Momentum Proteas Women’s team has enjoyed unparalleled success over the past 14 months, and the women’s game in South Africa is on the verge of significant expansion. The development of the game is now under serious threat, and at a time when we should be enthusiastic about the future, we have to be concerned about its future.
“The Proteas Men’s team has an ICC World T20 Event in November. Preparation has already started for this event, and the current state of cricket administration undermines our work in this regard. It may even lead to our suspension from this event should the ICC decide to suspend South Africa. To the sponsors, we apologise for the actions of our administrators who have undermined and betrayed your commitment to the sport,” the statement says.

Cricket South Africa’s Members Council and Sascoc are likely to discover on Monday what punishment sports minister Nathi Mthethwa is going to hit them with after the stunt they pulled at the weekend’s Special General Meeting of the cricket body, leading to the new Memorandum of Incorporation designed to improve governance not being passed.

In a clearly orchestrated move, Sascoc president Barry Hendricks was parachuted into the SGM, having earlier turned down an invitation to just be an observer, and then delivered a prepared address that basically warned the Members Council that Sascoc would cancel their membership if they went ahead with the amendments to their constitution.

Hendricks had explicitly been warned by Mthethwa, in a letter last week, to not interfere with the process, and now he and Members Council acting president Rihan Richards have been called to a meeting with the minister on Monday.

“You cannot believe how annoyed the Minister is,” sources close to Mthethwa told The Citizen on Sunday.

A statement released by the Department of Sports, Arts and Culture on Sunday said the minister was disappointed the Members Council had acted “in bad faith” and he has been left with “no further option but to exercise his rights in terms of Section 13 (5) of the Sports Act” and he “will be taking the necessary steps required to exercise his rights in terms of the law”.

It is likely that he will tell CSA that they are no longer recognised by the Department of Sport, which would lead to them being unable to play any international cricket.

The Interim Board, having failed to win over the recalcitrant Members Council, now only remains in name and will prepare their final report for Mthethwa, their term of office having ended with the SGM at the weekend. It is believed several directors have decided to take no further part in cricket’s affairs.

Cricket South Africa, already in troubled financial waters before the Members Council/Interim Board impasse, will now be in dire straights because leading sponsors and broadcasters are already believed to be preparing to jump ship. One official with knowledge of CSA’s financial situation said a ban on the Proteas would probably mean the organisation would be bankrupt and unable to run the game before the start of next season.