Ken Borland

The conspirational – and successful – efforts of the Cricket South Africa Members Council to block the new Memorandum of Incorporation proposed by the Interim Board were on full display on Saturday when the Special General Meeting called to pass the amendments and end the impasse in the sport’s governance was made open to the media.

That the Members Council were not actually going to embrace change and elevate the administration of cricket into the modern era was clear from the very beginning. The scheming began with Eastern Province president Donovan May, whose time on the gravy train extends through all of the governance crises of the last decade, trying to stop the meeting before it even began by pointing out they could not proceed until all 14 provincial presidents had logged on to the virtual platform. Gibson Molale of Northern Cape is believed to have been the late arrival.

May interrupted again during the address of Interim Board chair Dr Stavros Nicolaou to point out that Sascoc president Barry Hendricks, who Nicolaou had invited as an observer, should not have been invited unless he was allowed to have a voice. Hendricks had apparently turned down the invitation because of this, but then suddenly joined the meeting 35 minutes after it had started.

Following sports minister Nathi Mthethwa’s address in which he urged the Members Council to “not let us down as a country” and “consider the implications of choosing the wrong way”, Tebogo Siko of Northerns then proposed that Hendricks be allowed to speak.

Nicolaou questioned whether it was good governance to change the agenda during the meeting, but the Members Council agreed to let Hendricks speak. The Sascoc president then firmly stated that CSA could not go ahead with the amendments without them being passed by Sascoc first, clearly going against the wishes of Mthethwa for the CSA issue to finally be resolved.

Although the Interim Board announced earlier that the Members Council had agreed to the new MoI, there had been whispers during the week that they were trying to get Sascoc involved because their constitution is at odds with having a majority of independent directors on the board.

Mthethwa responded by saying Sascoc had failed to deal with the matter in the first place and had asked him to intervene. “We cannot reverse now. We want to see this process go smoothly, with no opposition and no obstruction. May cricket be the winner,” the minister said before taking his leave.

And then it was put to the vote, when the blockers of change were really revealed, because they were the ones who actively opposed a public vote. May asked if there could be a secret ballot, Interim Board member Haroon Lorgat called for transparency and a show of hands. Anne Vilas was the only provincial president who spoke out for transparency, with John Mogodi (Limpopo), Daniel Govender (KZN), Molale and Simphiwe Ndzundzu (Border) being vocal in supporting May’s call for a secret ballot.

Members Council acting president Rihan Richards then said secret ballots are “standard practice and nothing new”, which sums up exactly why CSA have been in a mess for so long, before the motion for non-transparency was passed.

The proposed amendments were not passed, with only six of the 14 presidents being in favour of a majority independent board and five in favour of an independent chair. Astonishingly, given the gravity of the issue, there were three abstentions in the first vote and four for the second amendment. But that also sums up the calibre of leadership on CSA’s Members Council.

The Sands of Time are running out for Cricket South Africa’s Members Council so their last desperate attempts to block progress and the restructuring of the Board should be no surprise. The same self-serving administrators who put their own interests ahead of those of the game as a whole and allowed cricket to be captured were never going to vacate their seats on the gravy train without an almighty struggle.

That they have been operating in poor faith becomes clear when one considers that they themselves agreed to the establishment of the Interim Board on the basis that they would introduce a majority independent board chaired by an independent director, but now that the memorandum of incorporation amended to include these prerequisites has been presented, they have refused to accept it.

Their excuse for not ratifying the changes was that they were instructed to do so by their constituencies, but it seems this is a flimsy reason. Follow-up investigations with the provincial boards have shown that the ones who mandated a vote against the new MoI did so based on the incomplete picture they were presented by their provincial president sitting on the Members Council. And eager to have more of a shot at a place on the new Board.

The major sticking point appears to be the definition of an ‘independent’ director and those wanting to stymie progress have warned that this will lead to cricket being run by people who have no love nor knowledge of the game. Which is pure fear-mongering and much of it has been deliberate and not just the understandable caution when approaching a landmark change in how things are done in cricket administration.

There is an inevitability that the recalcitrant administrators will eventually lose, but some of them seem willing to hold out for as long as possible, never mind if it breaks the game in this country. As has been said, and proven, several times before, the Members Council cannot take on the Minister of Sport and hope to win.

Nathi Mthethwa holds all the aces and has all the legal weaponry he needs to force them to comply. Unfortunately, many of these will devastate the game – much like a couple of nuclear bombs ended World War II but also caused immense suffering and damage. The sports minister can withhold funding or remove the right to award national colours from CSA, effectively suspending the Proteas’ involvement in international cricket.

Let’s hope that matters do not have to go that far.

It causes immense frustration that the players – through a strongly-worded statement from SACA, sponsors, media and the general public have all expressed their great dismay at the attitude of the Members Council and yet the stubborn miscreants who have already done so much damage to the game continue to defy all calls for them to embrace change or move out.

Minister Mthethwa will justifiably be enraged by the lack of respect he has been shown and that is certainly the emotion I feel when confronted by the sheer, selfish obduracy of the parasites on the Members Council.

In their desperation, the Members Council have also, when it suits them, invoked Sascoc’s policy that members need to have a majority of non-independent directors on their board. Never mind that CSA ignore what goes on at Sascoc 95% of the time, that organisation is squelching through the mud of their own corporate governance crisis.

In 2017, then Minister of Sport Thulas Nxesi instituted the Zulman Commission to investigate the governance and management of Sascoc. It red-flagged conflicts of interest surrounding board members and recommended that they follow the benchmarks of international best practice and amend their board to have more independent directors.

Having more non-independent, hands-on directors in provincial structures might make sense, but a national board, considering their oversight function and the billions of rands they deal with, must be dominated by an independent contingent whose only concern is the overall good of the game.

The world has changed, top-level sport is no longer an amateur endeavour that can be run by the blazer brigade. It is big business and one needs heavyweights of the corporate world to steer the organisation.

Hopefully the light bulb will come on soon in the Members Council boardroom and they will ensure a more certain future for the game in this country.