Ken Borland

I suppose one should pay Cricket South Africa’s Members Council their dues for the sort of sheer bloodymindedness and obstinacy that, if our batsmen could replicate it at the crease, would ensure that the Proteas never lose another Test match.

But now, with the game in this country teetering on the precipice, it really is time for them to give up the stonewalling and save us all a lot of time, effort and frustration, by accepting the inevitable changes in governance that will bring a majority independent board. Ultimately, they are trying to defy the sports minister, which is a pointless exercise reminiscent of when the SA Rugby Union, through their bombastic president Louis Luyt, took Nelson Mandela to court in 1998.

You may win the odd legal battle, but you are most certainly not going to win the war.

Dr Stavros Nicolaou, the chairman of the Interim Board, this week detailed every step in the negotiations with the Members Council and it reminded me of those World War I soldiers who would fight for days in the muddy, bloody trenches to add just a metre or two to their frontline.

And now, the handful of recalcitrants on the Members Council who scuppered the Special General Meeting last weekend are considering legal action to stop both a new constitution and Minister Nathi Mthethwa’s punitive action that is yet to be announced. CSA is an organisation that has spent millions and millions on legal fees in the last couple of years, robbing the game itself of much-needed resources, so it might seem a bit unfair that the Interim Board (their antagonists) now have to give their approval in order for the Members Council to enlist the help of lawyers in their battle, but thank goodness it is the case.

Much of the Members Council’s delaying tactics seem to have revolved around deliberate misrepresentations of what the Interim Board’s new Memorandum of Incorporation actually says. And Nicolaou confirmed this week that, apart from a majority independent board and an independent chair, everything else is negotiable. Which has not been the picture portrayed by the recalcitrants.

Do the Members Council want a 15-person board? That’s fine, then the equation will be eight independent directors, five non-independent and the two executives (CEO & CFO). Or a 13-strong board? Then the make-up will be 7-4-2; even a board of 11 is possible, with six independents, three non-independents and the two executives.

In terms of the criteria for directors, the nominations committee can decide whether they want an emphasis on a cricket background or skills in legal affairs, accounting or finance. There is no need for these criteria to be stipulated in the MoI.

What has been put in the MoI is the make-up of the all-important nominations committee that will select the independent directors. It is pleasing to see the six-person panel will include either a men’s or women’s former international player nominated by SACA, alongside a former CSA president nominated by the Interim Board, a Members Council representative and people from the Institute of Chartered Accountants, Institute of Directors and the Legal Practice Council.

And the definition of an independent director precludes anyone involved in the administration of the game at provincial or national level, not everyone involved in the game such as coaches or former players.

This MoI has been debated and pored over and modified since the first meeting of the working group, made up of three representatives each from the Members Council and Interim Board, on January 31. According to Nicolaou, on April 15, two days before the ill-fated SGM, the Members Council had agreed to the new MoI.

Their sudden about-turn, orchestrated in the most scheming, underhand manner, has meant all those months of effort have been wasted. As Nicolaou pointed out, “the Members Council continuing to kick this can down the road has awful consequences on the hard-working employees of CSA and the players”.

And think of Anne Vilas, the Central Gauteng Lions president who has been at the forefront of taking a public stand against the recalcitrants. In fact, think of her husband Doug, who has hardly seen his wife for the last few months such has been the number of late-night meetings she has had to attend as the Interim Board and the Members Council have wrangled.

For all our sakes, let’s hope the Members Council relents while there is still time.

“It is in your power to save cricket,” is what Dr Stavros Nicolaou, the chairman of the Cricket South Africa Interim Board, told the Members Council on Thursday as he addressed a teleconference to update the media on the current state of the crisis in the game.

Nicolaou said his information is that Minister of Sport Nathi Mthethwa is currently gazetting action against CSA because of their failure to agree to a new board with a majority of independent directors and an independent chair. If their punishment is written into law it can only mean that it is serious, but the Interim Board head said there was still a last-ditch way to save the day, which he pleaded with the Members Council to take.

“I don’t want to speculate or speak on the Minister’s behalf on what those measures will look like, but I have been told they will be gazetted, so the game is in extremely dire circumstances. What can be done? Well the ball is firmly with the Members Council, if they can show the will and conviction to agree to fundamental principles of good governance.

“The Members Council can instantly remedy this situation if they pass a special resolution that they will get a 75% vote in favour of the Memorandum of Incorporation, which will trigger a Section 60 resolution, which if they all sign in 24 hours then the crisis is averted and they can save cricket. The alternative is too horrible to contemplate,” Nicolaou said on Thursday.

The Interim Board slammed the Members Council’s statement alleging the MoI was not negotiated in an inclusive fashion and was thrust upon them, with Nicolaou detailing a timeline from when the Interim Board was appointed on November 15 and their mandate accepted by the Members Council.

He said a working group comprising three members from  each body had been working on the MoI since January 31. The scheduling of a Special General Meeting on April 17 to vote on the new constitution had been set on March 11. Nicolaou said by April 15, every query of the Members Council had been answered and the final MoI was distributed.

“The Members Council statement has immense inaccuracies and a number of misrepresentations. We were exceedingly disappointed with what happened at the SGM, where many prior agreements unravelled. Calling for an indaba of sorts will not help because it is just another tactic to delay the process.

“The chronology shows there was extensive consultation and bringing in Sascoc, who themselves earlier withdrew from the process, has only clouded the issue. Now we require a special resolution because we can’t have another undertaking that the MoI is over the line and then we get to the SGM and it’s rejected. The Members Council keeping kicking this can down the road,” Nicolaou said.

The provincial presidents on the Members Council who are in favour of the proposed changes to the governance of Cricket South Africa seem to be taking responsibility for solving the impasse with the Interim Board and Minister of Sport Nathi Mthethwa as six of the unions have now issued statements supporting a majority independent board and an independent chairperson.

It may still be a case of too little, too late though as Mthethwa mulls what action to take under Section 13 (5) of the Sports Act against CSA for missing their deadline to approve a new constitution ahead of an AGM.

On Wednesday, the Northerns and Mpumalanga cricket unions issued statements supporting the stance of Central Gauteng, North-West, Easterns and Free State that there should be a majority independent board and independent chairperson.

The two Highveld unions also called for all stakeholders to take part in a national indaba, steered by an independent mediator, to resolve the impasse as quickly as possible.

But in his letter to the Members Council on Tuesday night telling them he would be taking action against them according to the provisions of the Sports Act, Mthethwa said “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.”

Because Mthethwa has the authority to no longer recognise CSA, it would mean South Africa could go back to the days of isolation and not have an official national team.

As the sports minister told a radio station on Tuesday night, if things continue the way they are, the world will have to be told there is no cricket in South Africa.

Cricket South Africa owe a great deal of thanks to the Brexiteers of the United Kingdom as their efforts have led to the return of some top-class players just as the domestic game heads into a new-look, uncertain future.

Because Brexit engineered Britain’s exit from the European Union, all Kolpak deals fell away and South Africans playing county cricket in England could no longer do that unless it was on the basis of them being registered as overseas players. Which would then allow them to play in – and for – South Africa.

And so the likes of Simon Harmer (Northerns), Kyle Abbott (Boland), Stiaan van Zyl (Boland), Duanne Olivier (Gauteng), Wayne Parnell (WP) and Hardus Viljoen (Boland) are all returning to the domestic game. Coupled with Hashim Amla and Vernon Philander coming out of retirement to play for Western Province and Chris Morris signing a contract with Northerns, it means a raft of invaluable experience and quality is returning to provincial cricket, which can only be good.

Some of those players have only been able to secure a one-year contract though, because the teams were only allowed to give out eight two-year contracts out of their squad of 16.

In terms of these players’ availability for the Proteas, there is nothing technically stopping them from being called up. Although some of them, most notably fast bowler Olivier, left South Africa in awkward circumstances. As an organisation, Cricket South Africa had the right to feel snubbed in certain cases.

National coach Mark Boucher was asked recently specifically about Olivier’s chances of a Proteas recall and what he described would apply to all of the returning players.

“A lot of things need to happen. He needs to show form in our system, we can’t judge him on what he’s done in the past for South Africa or overseas. Then we need to ask whether he fits into our culture, will he show good attitude and are the other guys happy to have him. If he can tick all those boxes then we would welcome him back,” Boucher said.