Ken Borland

A hard-hitting letter from Minister of Sport, Arts and Culture Nathi Mthethwa to Beresford Williams probably ices the cake in terms of sealing the fate of Cricket South Africa’s acting president, who has indicated his desire to stand for the permanent position at the AGM on December 5.

Williams was told by parliament’s sports portfolio committee to recuse himself from Tuesday’s hearing with CSA because he is implicated in the Fundudzi Forensic Report, not only for his involvement in a R5 million loan to the Western Province Cricket Association that he was formerly president of, but also being on the Board committee who appointed Thabang Moroe as full-time CEO in 2018 after he had been acting for a year despite him not meeting the minimum requirements for the post.

But Williams’ shares have fallen even further with the leaking of a letter from sports minister Mthethwa, who is clearly adamantly against Williams continuing as president. Replying to a letter from CSA, signed by Williams, which states that the CSA Board have decided not to step down and told Mthethwa he did not have the legal power to force them, the sports minister threatened: “As a parting shot, I wish to reiterate that I shall not be dissuaded from applying what the National Sport and Recreation Act 110 of 1998 enjoins me to do”.

The Mthethwa letter begins: “I note that instead of accurately depicting what was said at the meeting we had on 6 October, you have taken the liberty to put words into my mouth. To that end, I will use my response to correct some of the inaccuracies that are evident in your letter”.

Mthethwa went on to say he did not provide the directive for Williams and the Board to step down, but instead was agreeing with Sascoc’s call for this to happen.

“In addition to the National  Sport and Recreation Act 110 of 1998 you seem to selectively quote from, to show that I do not have the power to intervene, you are kindly reminded that as a sovereign country in which I am the Minister responsible for Sport, Arts and Culture, there is a raft of laws at my disposal, that empower me to deal effectively with recalcitrant behaviour within my portfolio,” Mthethwa stated.

The four main outcomes Mthethwa wants to see, according to his letter, are the full implementation of the Nicholson Commission recommendations, the appointment of a new, stable Board, effective transformation and the correct handling of the Fundudzi Forensic Report.

Apart from telling Mthethwa he did not have the power to force the Board to step down, CSA also said they viewed his intervention as government interference which probably “jeopardises CSA’s continued membership of the ICC”.

The bad news for CSA and Williams is that Mthethwa has the power to no longer recognise them as a national federation, thereby making their membership of the International Cricket Council moot in any case.

The representatives of the Cricket South Africa Board tasked with meeting parliament’s portfolio committee on sports, arts and culture on Tuesday found the going so tough that they caved in and have agreed to release the full Fundudzi Forensic Report to those politicians by 4.30pm on Friday.

CSA’s seven-strong delegation included acting president Beresford Williams and independent directors Eugenia Kula-Ameyaw, Marius Schoeman and Dheven Dharmalingam, but they received a hostile welcome from the sports portfolio committee, who were miffed that a summary of the forensic report had been released publicly on Monday before the politicians had had a chance to look at it.

The self-serving nature of CSA leadership is probably only matched by those parasites in parliament, so it was no surprise when the portfolio committee, who have been waiting five months for the report, began to demand that nothing less than the full, unedited Fundudzi findings be made available to them.

It was Schoeman, the chairman of CSA’s audit and risk committee, who eventually made the concession.

“It’s a tipping point and a step in the right direction. The protocol to follow is that the Members Council will be consulted and confirm that the Board may release this report. It will be released in hard copy by Fundudzi by Friday, close of business, 16 hours 30. If this is not done by 16:30 on Friday, then I will resign,” Schoeman promised.

Acting president Williams, who was mentioned in the Fundudzi report for failing to recuse himself when there were conflicts of interest in loan discussions between CSA and the Western Province Cricket Association which he formerly headed, also committed himself to the full report being released. That will surely see him put out to grass when the AGM is held on December 5, following former president Chris Nenzani, who had initially made all sorts of promises about releasing the report and then resigned in mid-August, into the wilderness.

“On behalf of CSA I just want to recommit that we will deliver on our promise. Thanks to everyone for their contribution. We will make the full report available as committed,” Williams said.

Judging by the level of anger expressed by the sports portfolio committee and by Sascoc, it seems inevitable that they will only be satisfied once the entire CSA Board has been put out to pasture.

“I respected cricket’s leadership when they said they were waiting and processing. But the respect I have given you I didn’t see in return. You think that this report does not belong to the committee. Why should we wait, five months down the line? And instead of this committee being given the full report, a summary goes to the public.

“I’m very disappointed with your leadership for disrespecting even the chairperson of this committee, who gave you chances when the members said I shouldn’t. You didn’t have the courtesy of thinking, five months down the line, that there is a committee of parliament that you were supposed to prioritise. I don’t take kindly to what you have done to me. I’m so disappointed in your leadership that, five months down the line, you have done this to us,” Beauty Dlulane, the chair of the sports portfolio committee, said.

“Trust us” was the anodyne plea made by Cricket South Africa on Thursday to both Sascoc and the cricket-loving public as they continued to try and justify why the complete Fundudzi Forensic Report cannot be made public.

CSA and Sascoc held a joint virtual press conference on Thursday, but far from presenting a unified front, it soon became apparent that the two organisations, both with distressing records in good governance, are at an impasse.

Sascoc president Aleck Skhosana said the mother body of all sports federations in South Africa are still resolved to set up an independent task team to investigate the affairs of CSA, and reiterated that the CSA Board and executive must step aside to ensure they have “unfettered access”.

But that task team will only be appointed after Sascoc have received the full forensic report, Skhosana saying this was necessary “so we don’t put the cart before the horse; if we choose the task team before we might put legal people on there instead of accounting; we need to know what kind of skills are required”.

But CSA are standing firm on their refusal to sideline their Board or executive, and will also only allow Sascoc to view the forensic report on the same basis as the Members Council last weekend – either just in summary form or at one of Bowman Gilfillan’s offices after signing a non-disclosure agreement.

CSA Acting President Beresford Williams said this was for legal reasons.

“It’s on the advice of our legal representatives, who cautioned against releasing it because there is a huge risk that it could compromise future litigation and legal matters that are already in process, plus open us up for future liability. The Members Council resolved unanimously that Sascoc’s access to the report should be under the same conditions as there’s was, in other words a summarised report,” Williams said.

Anne Vilas, the Central Gauteng Lions president and a member of the Members Council, made a plea for that body to be trusted, even though she could not state with 100% certainty whether the summary was written by Bowman Gilfillan, who are CSA’s lawyers and formerly employed controversial company secretary Welsh Gwaza, or by Fundudzi, the independent forensic investigators.

“I have been very vocal about the report but we had very enlightening discussions last weekend and we all understand CSA’s position that it would not be in the organisation’s best interest to make the report public. We don’t want to step on anybody’s rights, but further action will be taken if warranted and we will hold the Board responsible if necessary, you can trust us on that.

“No other investigations have been done to warrant the suspension of anyone other than Thabang Moroe right now, but stuff is going on and things will happen. But unless we firmly believe something is being withheld from us, there is not sufficient reason for the Board to stand down or anyone to resign. There’s nothing stopping any of the directors from standing at the AGM,” Vilas said when asked how the public were meant to believe CSA were not just hiding behind a shield of legal advice.

Williams would not give a straight answer as to whether CSA will comply with Sascoc, after Skhosana outlined the legal powers they have over CSA and their willingness to “take appropriate measures to ensure compliance”.

“Our engagement has been very positive and there has been great dialogue between the parties. We value Sascoc’s role and there’s no doubt that together we will find common ground. we are in engagement and that will continue. CSA responded in detail to Sascoc about our fiduciary duties and we are still engaging and talking to each other. I’m confident that we can move forward and find common ground,” Williams said in a top-class piece of obfuscation.

The former Western Province Cricket Association president also showed a distinct affection for denial when he said he and the other Board members had nothing to be held accountable over.

“I assure you that if there were any cases of concern in the report then we would have stood down. There were no negative findings to threaten the AGM and the Members Council unanimously agree that we should not be held accountable. I took the decision to continue to serve the game I’m passionate about, if I had acted irresponsibly or not in the best interests of CSA as a director then I would have moved on,” Williams said.

But “unanimously” is a word CSA have had a history of not understanding the proper meaning of and, as Skhosana himself said, “All trust has been lost in Cricket South Africa and we see evidence of that on a daily basis.”