Ken Borland

Interim board chairman Judge Zak Yacoob has pointed to the poor faith Cricket South Africa’s Members Council has shown in agreeing to the process but now withdrawing when the interim board is not toeing the Members Council line.

The Members Council announced on Thursday that they would not recognise the legitimacy of the interim board, creating yet another crisis in South African cricket and once again dragging Sports Minister Nathi Mthethwa into the chaos to try and resolve the power struggle.

”We were publicly mandated by the Minister to serve as an  independent interim board to resolve well-aired difficulties faced by CSA over the years, and, over the next three months, to try and ensure an AGM by the end of that time so that an independent, untainted board would take CSA forward with integrity,” Yacoob said in a statement on Thursday after CSA’s bombshell announcement.

“We understood that there was an agreement between the Minister and the Members Council on exactly who was to be appointed and the Members Council undertook to formalise the appointment so that the interim independent board would have the necessary authority and power to clean up cricket in South Africa.

“The Members Council, acting mainly through its Acting President, has adopted the strategy to pretend to co-operate in the process but ensured that every effort was made to obstruct our work. It is for this reason and only for this reason that the interim board has not been appointed. The reasons given have no substance and do not begin to stand scrutiny, Yacoob said.

The retired Constitutional Court Justice went on to provide details of the power struggle currently enveloping South African cricket.

“We dispute that the board should be accountable to theMembers Council in every way.  Each of these entities have their own powers and responsibilities in terms of the relevant enabling provisions. It occurs to us that the realreasonis to prevent us from doing our work independently and outside Members Council control.  We refuse to subject ourselves to anycontrol and sacrifice our independence in the performance of our duties and in the interests of cricket.

“The Members Council should also remember that the executive is accountable to the board … and notthe other way round. We assumed that the Members Council would act honourably and confirm our appointment. We therefore acted as the Board and gave instructions to the executive. The executive balked at this because they were too accustomed to doing what they wanted to do without any accountability. They apparently complained and the Members Council was somehow, morally wrongly, persuaded to take up their cudgels … in support of the executive for no justifiable reason,” Yacoob said.

The presence of former CEO Haroon Lorgat, whose removal in September 2017 began Cricket South Africa’s slide into chaos, is obviously the major stumbling block for the Members Council and the chief reason for them refusing to recognise the interim board they originally agreed to collaborate with to avoid further intervention from Minister of Sport Nathi Mthethwa.

Acting CSA president Rihan Richards tried to deny their refusal to play ball was down to their objection to an individual, but in his other statements during a press conference on Thursday afternoon he clearly identified Lorgat as the seed of their discontent.

“The chairman of the interim board [Zak Yacoob] said they should be appointed as directors on an unqualified basis or they were no longer willing to take part. We said we were not prepared to accept Haroon Lorgat as a director but then it was not the subject of further discussion. Until this conflict of interest is resolved, which I cannot go into exact details about, we believe the interim board has no legal standing in relation to the company.

“This is not about an individual but about the manner in which our concerns have been addressed, it is almost prescriptive, and we have raised issues around other persons as well. There has been a breakdown in our relationship, the lines of responsibility have been blurred. This is not a U-turn on our behalf, we just want to ensure the process remains credible,” Richards said on Thursday.

Richards said the control of cricket now lies with “the Members Council and the small board [comprising himself, Donovan May, John Mogodi and Zola Thamae] overlooking matters”. But the interim board issued their own statements on Thursday saying they will continue with the mandate entrusted to them by the sports minister.

“This interim board was appointed by the Minister in a way that circumvented the MOI,” Richards claimed. “We are unfairly being called obstructionist but they are not addressing our concerns, we have raised them with the Minister and they have not been addressed to our satisfaction. We have nothing to hide and we still want to engage all stakeholders, but it is our responsibility to ensure the game is administered to the best of ability.

“Sascoc has always been part of the process, but the manner in which they have engaged with CSA is the problem. The Members Council are elected representatives and our actions are not based on self-interest. This is not about the Members Council. I want to be very clear that we do not want conflict with the Minister, we are mindful of his rights but we have taken legal advice from outside lawyers over what is our responsibility to the public and the ICC.”

Cricket South Africa’s Members Council announced on Thursday that they have declined to accept the interim board they themselves were part of compiling, sending them on a collision course with Minister of Sport Nathi Mthethwa.

The Members Council said in their statement that they will no longer recognise the interim board due to material differences between the two bodies in relation to conflicts of interest, lines of responsibility and accountability, and a breakdown in the relationship between the provincial presidents and the nine would-be directors that were agreed to during the negotiation process between CSA, the Minister of Sport, Sascoc and the South African Cricketers’ Association.

“The Members Council is not prepared to appoint the members of the proposed interim board to be directors of CSA in terms of the MOI. However, the Members Council will continue to work with the Minister, the Department of Sport, Arts and Culture, and Sascoc on a collaborative basis to address and correct the ills of the past. The basis for the relationship between the parties is clearly prescribed by the law and requires mutual respect by all parties in complying with their obligations,” acting CSA president Rihan Richards said.

By threatening the Minister with legal proceedings, CSA could open themselves up to terrible consequences, including Mthethwa withdrawing their right to represent the country, thereby scuppering the England tour later this month, as well as the upcoming Tests against Sri Lanka, Pakistan and Australia. The financial damage to CSA would be devastating.

Unsurprisingly, CSA’s latest act of defiance has not gone down terribly well with the interim board.

Judge Zak Yacoob, the chairman of the interim board, issued a statement saying the “current situation was untenable” and that they were “determined to continue our work in the public interest and in the best interests of cricket in South Africa”.

“We are thus dismayed to be in receipt of what we can only describe as an obstructionist, legalistic letter from the Members’ Council while we have tried to put structures in place and hold individuals within CSA to account. We are of the view that the conduct of the Members’ Council is an attempt to stymie the work of our Board.

“The Board has been hard at work for the past two weeks since being mandated by the Minister to restore the credibility of CSA. It accepted this mandate publicly and with due care. The failures of corporate governance within Cricket SA are well-known and the cricket-loving public has watched Cricket SA lurch from crisis to crisis,” Yacoob said.

What should be an easy win for the Imperial Lions has been put in doubt by the weather, with most of the third afternoon of their 4-Day Domestic Series match against the Cape Cobras being washed out at the Wanderers on Wednesday.

The Lions were bowled out for 324 shortly before lunch on Wednesday, giving them a commanding first-innings lead of 209. When the Cobras then slumped to 22 for three, an innings defeat, possibly even in three days, seemed on the cards, but Tony de Zorzi (16*) and Kyle Verreynne (23*) showed some fight and good judgement as they took the visitors to 54 for three when play was stopped by lightning. That was followed by big thundershowers that washed out play.

The Lions began the day on 222 for seven and, despite the early loss of Nono Pongolo, caught for 2 skying a hook to deep backward square-leg off the Cobras’ best bowler, left-armer Nandre Burger (31.3-11-101-4), Dominic Hendricks and Malusi Siboto eased their way to a valuable ninth-wicket stand of 80, a record for the Lions against the Cobras.

Opener Hendricks showed superb determination in scoring 130 in eight hours and 323 balls at the crease, and is clearly a batsman who really values his wicket, even when conditions are not easy for batting.

Siboto batted with great composure to score 43 not out and then trapped Janneman Malan lbw for 9 to complete a fine day’s work.

Pieter Malan, Janneman’s brother, was also out lbw, falling to Dwaine Pretorius, while Beuran Hendricks claimed his eighth wicket of the match as he had Zubayr Hamza caught in the slips for a single.

In Port Elizabeth, Tabraiz Shamsi enjoyed a superb day as he was able to reach a career-best score of 36 with the bat and then destroyed the Warriors second innings with figures of five for 19 in 12 overs.

The Warriors actually began the day well as they claimed five Titans wickets for 88 runs, reducing the visitors from their overnight 151 for three to 239 for eight. Heinrich Klaasen scored an elegant 68 and Sibonelo Makhanya a classy 58, but when Shamsi came to the crease at No.10, the Titans only had a lead of eight runs.

But Shamsi’s surprising 36, along with 20 from Junior Dala and Okuhle Cele’s nine not out, saw the Titans reach 293 for a useful lead of 62 runs.

The Warriors’ opening bowlers, Glenton Stuurman and Mthiwekhaya Nabe, took three wickets apiece.

The Warriors made a solid enough start to their second innings as they reached 62 for two, but Shamsi then produced a destructive spell of wrist-spin that saw him claim four wickets in five overs as the home side slid to 97 for six at the close.

They are effectively 35 for six, and the Titans will be pushing hard for outright victory on the final day.

In Bloemfontein, the Dolphins are fighting hard to avoid defeat as they closed on 138 for two, with opener Sarel Erwee on 58 not out.

After the loss of Grant Roelofsen for a duck in the second over, caught at fine leg off Migael Pretorius, Erwee and Keegan Petersen (48) added 90 for the second wicket before Petersen was bowled by Patrick Kruger.

Dolphins captain Marques Ackerman then came in and scored freely as he reached 32 not out at stumps.

The Dolphins are trying to chase down a massive target of 471 though, after the Knights declared their second innings on 194 for four, with skipper Pite van Biljon stroking a fine 93 off 125 balls and Farhaan Behardien adding 50 not out.