Ken Borland

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.

Depending on whether you believe the suspended chief executive and his legal advisors, Cricket South Africa now have two CEOs in Thabang Moroe and Jacques Faul and it is a chaotic situation that is almost entirely the fault of the president Chris Nenzani and the CSA Board.

It has been more than six months now since CSA’s Social and Ethics and Audit and Risk committees provided the evidence needed to suspend Moroe on December 6. A time period which, according to Moroe’s lawyer Michael Bill, means his suspension has lapsed. Which is why the suspended CEO pulled his brazen stunt this week of rocking up to CSA’s offices in Melrose Estate to ‘report for duty’ and there just happened to be a radio journalist on the scene to take the photo …

Despite the South African Cricketers’ Association warning CSA at the beginning of the week that their failure to make progress on Moroe’s disciplinary hearing would seriously erode the small gains in confidence that have been painstakingly acquired by acting CEO Faul and director of cricket Graeme Smith, the CSA Board were taken by surprise by Moroe’s act of defiance and, despite having practically the whole day to respond, could only issue a statement after midnight in the early hours of Friday morning.

While acknowledging that it might not be easy to pin down a slippery character like Moroe, six months is surely enough time to formulate charges against him given that the financial audit was already picking up irregularities a couple of months into their brief. Plus the state of cricket in December and the relationships Moroe had destroyed with vital stakeholders such as the players association, sponsors and the media should be enough to dismiss a chief executive for obvious incompetence.

The CSA Board have made such a pig’s ear of the entire situation that it is easy to wonder if it has not all been deliberate. Nenzani and Moroe were certainly in cahoots for much of the program of Cricket Capture and it is known that there are still directors who want the former CEO back. Plus the person responsible for handling disciplinary matters, company secretary and head of legal Welsh Gwaza, is a known Moroe ally.

Perhaps commercial manager Clive Eksteen and chief operations manager Naasei Appiah should also get ideas now and return to work after they were suspended by Moroe at the end of October? The then CEO made them, along with Corrie van Zyl, who has already been found guilty and given a final warning, the scapegoats for SACA not receiving the image rights money that was due to the players. But the players’ association say there is proof that it was not Appiah, Eksteen and Van Zyl who were delaying the payments but Moroe himself. Such malfeasance should be sufficient reason to dismiss the CEO.

The CSA Board’s response to Moroe’s ‘return to work’ was to say he is still suspended. Those incompetent directors who have shown themselves to be utterly incapable of coming up with ideas that will benefit the game look set to argue that the former CEO was never told his suspension would only last six months. But Nenzani is on record as having promised the process would be completed within six months.

CSA’s disciplinary processes talk about employees only being suspended for two months, unless there are exceptional circumstances. The Board obviously believe there are exceptional reasons for them to have flouted process, while Moroe and his legal team are within their rights to claim they have been unfairly prejudiced, pointing out that there has been a lack of formal written communication and just ‘conversations’.

There is little doubt the whole fiasco is heading for court and it will be for a judge to decide whether CSA or Moroe are in the right.

It’s going to be yet another financial drain on an organisation that was in dire straits even before the Covid-19 pandemic. All of this overseen by Nenzani, who is still trying to wrangle the constitution into allowing him to stand for yet another term as president. He has changed the constitution three times already and is the longest-serving president South African cricket has ever had to endure. And what good has he done for the game?

For South African cricket-lovers, it has been another week of shame that our beloved sport is in the hands of such delinquents.

There was a deafening silence from the Cricket South Africa Board on Thursday as suspended CEO Thabang Moroe returned to their Melrose Estate offices in a brazen display of defiance.

Moroe arrived at CSA headquarters to report for duty on Thursday morning and was photographed outside the gate by a radio reporter who apparently just happened to be passing by. Moroe’s lawyer, Michael Bill, was quoted by iol sport as saying his suspension, which has been in place from December 6, was only valid for six months and the former CEO was honouring his contractual obligations by showing up for work.

CSA staff are all working remotely, however, and Moroe was denied access to the closed premises in Melrose Estate. The move certainly rattled the CSA Board, who said on Thursday afternoon that they would issue a statement by the evening, but by 9pm on Thursday night, nothing was forthcoming.

The CSA Board was earlier this week slammed by the South African Cricketers’ Association, the players’ union, for their tardiness in making any progress on Moroe’s disciplinary hearing. The Board was accused of lacking the will to take action against Moroe.

CSA president Chris Nenzani has only been heard from once in recent times, when he issued a statement saying the Board had not yet agreed who to back for the ICC chairmanship, a position he is believed to want, despite director of cricket Graeme Smith and acting CEO Jacques Faul publicly backing former Indian captain Sourav Ganguly.

With Moroe’s suspension possibly no longer being valid, Faul’s position is certainly under threat. His initial contract expired this month and he confirmed to The Citizen that he is now employed by CSA on a month-to-month basis.

While Faul and Smith have placated the players’ union, sponsors and other stakeholders since taking charge of an organisation that was in freefall both on and off the field in December, Moroe is known to still have his supporters both within the CSA offices and on the Board. Having pulled off a coup to replace former chief executive Haroon Lorgat in 2018, Moroe looks set to outwit the CSA Board, largely due to their own negligence or even complicity.

Bill believes Moroe’s entire suspension was contrary to CSA’s own procedures and labour law, and that there have been no disciplinary hearings, just “conversations”.

Members of the media who had their accreditation revoked by Moroe in December have been interviewed by investigators and insiders at CSA have said a forensic audit of Moroe has brought up irregularities, but nothing further has been done.

Graeme Smith and Jacques Faul made it abundantly clear this week that after their recent dealings with the BCCI they believe Saurav Ganguly is the right man to become the next International Cricket Council chairman, but their error was in not following the correct channels for such shows of support, which is through the Cricket South Africa Board.

Shashank Manohar’s term as ICC chairman is set to expire in July and the Indian has suggested he will not stand for another stint, meaning world cricket’s top post could be up for grabs at the ICC annual general meeting in a couple of months. Ganguly, the current president of the BCCI and the man who as captain of India began their blossoming as international superpowers, has been identified as a frontrunner to replace his compatriot.

Smith, who captained the Proteas against Ganguly’s Indian team, has reason to back him because the BCCI have been supportive of accommodating South Africa in the post-Covid Future Tours Programme, most notably by agreeing in principle to playing three T20 internationals here at the end of August.

“Strong leadership is going to be the key for cricket going forward and we need people who understand the modern game. I’ve known Saurav for a long time, he is highly-resected and is in the best position to be the new president [chairman] of the ICC, a very important position. It would be great to see him get in and good for the game because he’s got the credentials and the skills to take it forward,” Smith, South Africa’s Director of Cricket, said this week.

But his statements in a remote media conference were followed hours later by this statement from CSA president Chris Nenzani:

“We must respect both the ICC protocol and our own protocol in deciding which candidate to back. There have been no candidates nominated as yet and once such nominations have been made the Board of CSA will take its decision in terms of its own protocol. At the moment we don’t want to anticipate any candidates who may be nominated for this important position to lead the game we all love.”

What that means is that the CSA Board will decide who to back for ICC chairman and Nenzani will be the person casting that vote, not chief executive Faul nor Smith. It was not quite a knee in the groin from Nenzani to Smith, but certainly a reminder that his powers are largely restricted to the field of play and not the politics of the boardroom.

But providing the BCCI continue to support South African cricket, thereby indirectly providing the board members with the gravy-rich meals they so love, there is no reason South Africa and Nenzani would not back Ganguly.

Given the current financial state of Cricket South Africa, they need as much charity as they can get and India have the deepest pockets.