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 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.

In what the Ministry of Sports, Arts and Culture has described as “an extraordinary demonstration of patience”, Minister Nathi Mthethwa on Tuesday agreed to give the warring factions in Cricket South Africa another week in which to sort out their differences and adopt a new Memorandum of Incorporation for the new Board that is meant to be installed after the AGM on April 17.

The Interim Board have proposed a new MoI which seeks to rectify the poor governance in cricket by having a board with a majority of independent directors, as well as an independent chair. But the Members Council, made up of the provincial presidents, has refused to accept this and the impasse has grown uglier by the day.

Mthethwa, who put the Interim Board in place in October last year, met with the two parties on Tuesday night and his department then issued a follow-up statement on Wednesday morning that would have left no-one in doubt as to who the sports minister is backing.

The statement said: “In an extraordinary demonstration of patience, Minister Mthethwa said, ‘it is important not to allow boardroom disputes to trump player welfare. I am being dared to take executive action. In my opinion, it is clear that the court of public opinion shows no appetite for any unnecessary delays and own-goals, especially at a time when sponsors have demonstrated unbelievable loyalty and patience.

“Despite clarification on some misinterpretations and being provided with cricket best practice elsewhere in the world, the Members Council still clung to the 2013 CSA stance of ‘cricket needing to be run by cricket people’. Amongst the points of clarification were the fact that ‘independent’ does not necessarily translate to ‘cricket illiteracy’.”

In an environment that currently features as much intrigue as in a Sydney Sheldon novel, the Members Council are still deeply suspicious of having a majority of independent directors, but it was pointed out to them that a majority could mean as little as 51%.

Another Aiden Markram century, 96 from Reeza Hendricks and five-wicket hauls for both Kagiso Rabada and Lutho Sipamla highlighted an excellent day’s cricket at the Wanderers on Thursday as the Imperial Lions go into the final day of their Four-Day Franchise Series match against the Titans with a lead of 251 runs and four wickets in hand.

Resuming on 169 for five, the Titans made it to 202, a deficit of just four runs, thanks to Markram’s brilliantly composed 100, an innings of great judgement and strokeplay.

The Lions endured a frustrating time in the field, Markram enjoying a couple more lives, before fast bowler Sipamla bowled superbly to the tail as the Titans crashed from 187 for five for 202 all out.

Rabada, who enjoyed impressive rhythm throughout, bowled overnight batsman Dayyaan Galiem (17) off the inside edge to finish with five for 51 in 23 quality overs.

Sipamla then took an extraordinary four wickets in an over to wrap up the innings, including trapping Markram lbw with a delivery that jagged back and kept a bit low. The exciting 22-year-old finished with career-best figures of five for 37 in 14 overs.

Buoyed by their excellent finish in the field, the Lions top-order quickly slipped into positive mode after the early loss of first-innings hero Dominic Hendricks, who was caught behind off Lizaad Williams for a single.

Ryan Rickelton threaded beautiful drives through the infield and hooked the first ball after lunch for six as he stroked a promising 58, while Reeza Hendricks scored 96 in languid but fluent fashion.

Proteas stars Rassie van der Dussen (14) and Temba Bavuma (5) both fell to the tricky skills of Galiem.

Okuhle Cele slipped up by having Wiaan Mulder caught off a no-ball when he had 17, and although he nicked off Reeza Hendricks, the all-rounder had gone to 35 not out when the sun slinked behind a cloud and the umpires stopped play for bad light just after 5pm.

*At St George’s Park, the Warriors, resuming 146 runs in arrears, began with caution as Ed Moore and Gihahn Cloete (65) took their opening stand of 88 overnight to 145 before Cloete was bowled by Ruan de Swardt.

Moore continued to dominate in a partnership of 100 for the second wicket with Yaseen Vallie (45), but then the wickets began to tumble.

Left-arm spinner Keshav Maharaj was once again the most lethal bowler, taking six for 93 in 33.2 overs as the Warriors collapsed from 245 for one to 345 all out.

Moore ended a tough season for himself on a high note as he fought his way to an impressive 155.

The collapse left the Dolphins needing just 112 for victory and they closed on eight without loss, needing just 104 more runs on Friday to confirm they will be hosting the final against the Titans next week.

*Thanks to Pieter Malan’s phenomenal record-breaking innings of 264, the Cape Cobras were able to declare on 523 for eight, with a lead of 342 in the kitty, against the Knights at Newlands.

Left-arm spinner George Linde had then grabbed four wickets for just two runs at one stage as the Knights crashed to 106 for seven at stumps. Farhaan Behardien is their only remaining recognised batsman, on 36 not out.

Malan’s 264 was the highest ever score for the Cobras, in their final game, beating the 260 not out JP Duminy made against the Lions in Paarl in 2015/16. The 655-minute innings, spanning 507 balls, was a monument to Malan’s patience and hunger to go big for his team.

Kyle Verreynne took his tally of runs for the campaign to 680 at 97.14 as he supported Malan in a stand of 217 for the fifth wicket with a brilliant knock of 109.