Ken Borland

Cricket South Africa president Chris Nenzani on Tuesday night denied that the organisation was afflicted by terrible chaos but admitted that the delays in holding former CEO Thabang Moroe’s disciplinary hearing were not good for the game, although unavoidable to ensure correct procedures were followed.

Moroe was suspended in December pending the outcome of a forensic investigation, and last week returned to the CSA offices, purportedly to ‘return to work’ as he believed his suspension expired after six months. This happened after the South African Cricketers’ Association, the players’ union, warned that the CSA Board lacked the will to finalise Moroe’s case.

CSA’s former Head of Sales and Sponsor Relations Clive Eksteen, who was suspended by Moroe in October and fired by CSA at the weekend, on Tuesday announced that he would be taking the organisation to the CCMA for unfair dismissal.

“I don’t think Cricket South Africa is in chaos although there are challenges we have to go through. We have to make sure we deal with certain in-house issues so they don’t impact on the game. We hoped by now that we would have been able to announce the outcome of the investigation into Mr Moroe, but unfortunately not and there is great disappointment over that at Board and Members Council level. It is not desirable that it take so long and we will take the necessary action to ensure CSA are protected.

“But I ask for understanding because we must complete a forensic investigation that meets the highest levels of governance and that is time-consuming. We have been promised by the investigators that the first part of the report will be ready by Friday and the Members Council will then decide the way forward. But set processes need to be followed so we don’t fall foul of the law. I can assure that the terms of reference of the investigation are as exhaustive as possible, but it is not common practice to make them public,” Nenzani said in a virtual press conference on Tuesday evening.

While Nenzani did his best during an hour-long conference to depict all CSA’s cups as being half-full, the organisation’s president since 2013 admitted that he should not have extended his record tenure by another term.

“One of the things I would have done differently in hindsight is that I would not have agreed to serving as president for an additional year. I regret that. But when you are an elected official you have an obligation to serve and so when the Members Council asks you to continue then you subject yourself to that. But the term of the president will come to an end in the AGM in September,” Nenzani said.

The Bisho schoolteacher refused to deny, however, that he has his eye on the position of International Cricket Council Chairman.

“As far as the position of chairman goes, the ICC has issued a moratorium on people expressing a desire for that post. They haven’t even opened the process of nominations yet, so it would be premature to make any declarations of being available or not being available,” Nenzani said.

Cricket South Africa’s Board can look forward to more legal action against them as dismissed Head of Sales and Sponsor Relations Clive Eksteen announced on Tuesday that he was taking them to the CCMA for unfair dismissal.

Eksteen was sacked at the weekend based on a single charge that was added to his disciplinary hearing after he was suspended on October 29 for his alleged role in the non-payment of image rights to the players’ union. That extra charge was related to a loss of $100 000 the CSA Exco alleged the organisation suffered because Eksteen negotiated a deal with Amul, the multinational sponsors of South Africa’s T20 series in India last year, for an amount less than had been approved by the CSA Exco.

While Eksteen said he was cleared of all charges related to the non-payment of image rights – the presiding officer finding that the former Proteas spinner was in fact instrumental in the South African Cricketers’ Association eventually being paid – and an additional charge involving an agreement he was not even part of between the SABC and a sponsor, he was found guilty of Charge 5 and dismissed.

Eksteen said this was despite him providing evidence that the agreement with Amul was signed by his superior, chief commercial officer Kugandrie Govender, and that she knew how much they had offered before she informed Exco.

According to CSA disciplinary processes, any appeal can only be over sanction and needs to be handled by the chief executive, who is the legal officer. But acting CEO Jacques Faul is not allowed to be involved in disciplinary matters according to his contract, so he forwarded the appeal to the CSA Board, who last weekend upheld his dismissal.

“The Chair’s finding that revenue was lost was directly contradicted by the evidence of CSA’s employees, evidence she ignored. Subsequent to my conviction, I presented evidence in mitigation. This included a variety of reputable testimonials. The Chair refused to accept pertinent testimonials into evidence. She also refused to accept that Charge 5 was a minor charge, way less serious than the SACA charges on which I had been acquitted.

“In addition, I am in possession of evidence which exculpates me, which has come to light after the conclusion of the disciplinary inquiry, which evidence was known to CSA at the time. In these circumstances, I shall immediately be referring a dispute to the CCMA regarding my unfair dismissal. All of the evidence presented at my disciplinary inquiry, as well as the additional evidence which has now come to light … will be laid out before the CCMA. My attorney and I are totally confident that I will be vindicated in due course. Unfortunately, I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked,” Eksteen said in his statement released on Tuesday.

The CSA Board, who thus far have failed to take any action against former CEO Thabang Moroe, who is suspended on full pay after losses of millions of dollars under his watch, even had the gall last weekend to issue a statement saying Eksteen had been fired after “transgressions of a serious nature”. They failed to mention it was over a theoretical loss of only $100 000 and that it had nothing to do with the dispute with SACA, who have even come out in support of Eksteen’s handling of their image rights dispute with CSA, which involved a reported amount of R2.4 million.

GolfRSA chief executive Grant Hepburn on Friday extended an olive branch to all those in the golf industry who have been without work and frustrated golfers unable to play, saying the organisation’s patient approach to government had paid off as clubs and courses can now open for both amateurs and professionals.

The Department of Sports, Arts and Culture announced on Friday that any member of a federation, agency, club or body may begin playing golf again from Saturday, subject to certain regulations. Clubs need to complete the Confirmation of Compliance Document and submit it to GolfRSA before they can open their facilities.

“These have been incredibly difficult times with the stress of Lockdown and the number of jobs lost, and we have been aware of the frayed tempers and frustrations. We have been in the same boat with friends and colleagues losing work. But we just had to be patient, we knew government were listening to us and they had given us assurances. But it’s been a very complex time and a massive challenge for golf bodies.

“But we believed in the process we were following with the Department, they were always extremely positive and the whole way through they engaged with us in the right way. We wanted to do the right thing and we needed to wait for the new directives. The most important priority is to save lives and mitigate the risk, and the time it has taken us has allowed us to prepare and put things in place at the clubs,” Hepburn said on Friday.

The CEO warned however that golfers could not just rush out on Saturday and expect everything to be back to normal; the golf industry, which contributes R48 billion to the South African economy, would take time to become a well-oiled machine again.

“The job is not yet done, this is not about celebrating. It’s a step in the right direction but there are still many people involved in golf who still can’t put food on their table. So I hope people continue to support clubs and I know our golfers and clubs will be responsible when it comes to the scanning and the monitoring process. Through the HealthDocs app we’ve bought for all clubs, information can be sent back to government at the push of a button.

“We need to control the numbers of golfers and the times they arrive and leave, but it’s time to get busy now with saving golf clubs through the safe return of golfers, which will generate the income for them to survive and save thousands of jobs, especially of those in the vulnerable sector, which makes up 85% of the industry. We know our clubs can comply and sport can help government because exercise is good at reducing comorbidities,” Hepburn said.

Cricket South Africa’s midnight statement saying former CEO Thabang Moroe is still suspended has only heightened the terrible uncertainty around the game in this country, the chief executive of the players’ union said on Friday.

Moroe was suspended on December 6 pending a forensic investigation into his management practices but arrived at the CSA offices in Melrose Estate on Thursday morning, ostensibly seeking to ‘return to work’. His lawyer, Michael Bill, said his suspension had lapsed after six months.

But the CSA Board issued a statement more than 15 hours later saying the “letter of suspension issued to the Chief Executive Officer explicitly stated that he was suspended until the conclusion of the independent forensic investigation” and that there was no predetermined timeframe attached to his suspension. The Board added that the forensic investigators had indicated their report was “imminent” and “there will be more clarity and certainty provided before the end of June.”

The South African Cricketers’ Association issued a warning earlier this week that CSA’s failure to make progress on Moroe’s disciplinary hearing would seriously erode the small gains in confidence in the organisation that have been painstakingly acquired by acting CEO Faul and director of cricket Graeme Smith, and Andrew Breetzke, the players’ union CEO, said on Friday that CSA’s statement did not alleviate the level of suspicion aimed at the Board.

“We’ve taken note of their intention to complete the disciplinary process with haste and that the forensic report is imminent, but there’s no real comfort that it will all be resolved soon. Thabang Moroe has not even been charged yet and history shows their disciplinary hearings have taken six months to complete from the date the person was charged.

“Given the crisis cricket is facing, we need certainty and CSA are just not creating that at the leadership level. It’s critical that President Nenzani answer the important questions because never before have there been so many crises all at once, and major sponsors Willowton, Standard Bank and Momentum have all said they are very concerned over governance,” Breetzke told Saturday Citizen on Friday.

Breetzke said it was also vital that there was transparency over the forensic investigation’s terms of reference, to allay fears that they were only examining the tip of the iceberg in terms of CSA’s financials.

“It’s a real concern that we don’t understand the terms of reference of the investigation because a lot hangs on that. Nenzani said the whole process would take six months and there is clearly evidence because Moroe was suspended based on the reports of the Social and Ethics and Risk and Audit committees. You would have thought the CSA Board would have dealt with this as a matter of urgency and not in such dribs and drabs.

“This is a systemic issue that runs really deep in CSA, but they are the custodians of cricket, not the owners, so all lovers and stakeholders of the game have a right to know. In terms of the court papers SACA have previously filed, there are lots of incorrect figures and significant negligence regarding the second MSL, plus journalists’ accreditation being revoked, so CSA don’t really have to look much further than that,” Breetzke said.