Ken Borland

The board of Cricket South Africa on Wednesday announced that non-independent, “amateur” directors would continue to form the majority in their new structure, complying with the wishes of the South African Sports Confederation and Olympic Committee.

A special general meeting agreed at O.R. Tambo International Airport on Wednesday that the restructured board would comprise five independent directors and seven non-independent directors for a period of 18 months following the AGM on February 2, after which the board would be expanded to include seven independent directors and nine non-independent representatives from each of the national provinces.

“Initially, the seven non-independent directors will come from the ranks of the presidents of the affiliates, before following the due geo-political regions. Of course we are not entirely happy with this, our goal was to have a 5-5 split of directors, but as a member of Sascoc we have to fulfil their criteria and they are very clear about that,” acting president Willie Basson said after the meeting.

“Rugby and cricket will face huge practical problems implementing this, but the new board will continue to engage with Sascoc because we don’t want to set up conflict with them. But we will also try to ensure the board is not too unwieldy.”

Basson said even though non-independent administrators would be in the majority, contrary to the recommendations of the Nicholson Inquiry, the views and skills of independent voices would still be heard on the board.

“We are the only sports body in the country that has as significant a number of independent directors and that will definitely impact the way the board operates in the future. The independent directors will bring greater objectivity and their skills base to the board,” Basson said.

As proposed in the King III report on corporate governance, a lead independent director will be elected to act as a guide for the chairperson of the board. The president of CSA will act as the chairperson of the board.

“The president will have ultimate authority, without question, as recommended by King III and Sascoc is adamant about that as well. The independent, lead director is appointed in case there is conflict between the president and the board and it is a good governance principle,” Basson said.

Basson confirmed that he will continue to act as acting president until the AGM, despite suggestions the board may ask him to step down in the wake of allegations he was involved in Apartheid-era chemical warfare programs.

“I will carry on until the AGM having explained myself for the umpteenth time to the board and they accepted my explanation. It’s very simple: I had been involved for two years in the 1980s with the defensive side of chemical research and since just before 1994 in exactly the same area for the present government structures,” Basson said.

Cricket South Africa (CSA) have won a major battle in their disciplinary enquiry against former chief executive officer Gerald Majola and are also making progress in their efforts to restructure their board to align with the recommendations of the Nicholson Committee.

Acting chief executive Jacques Faul revealed in Sandton on Friday that the chairman of the disciplinary enquiry, Advocate Johan Myburgh SC, had handed down an advisory award in favour of Cricket South Africa, finding sufficient reason for Majola to be fired.

Majola and his legal team have not accepted the advisory award, which is non-binding, and the case will now proceed to a full disciplinary hearing, where witnesses and cross-examination can now be included in the process.

In more good news for cricket, Faul also announced that he had withdrawn his resignation letter because those board members who were apparently unhappy with how he carried out his responsibilites now backed him.

“I’ve withdrawn my resignation because I now feel that I have the support of the board. I wasn’t sure before, but I’ve subsequently had numerous calls from board members stating that they back me fully,” Faul said.

A smaller board, with more independent representation and greater corporate skills were amongst the key recommendations made by Judge Chris Nicholson after his hearing into Majola and the bonus scandal, and CSA acting president Dr Willie Basson said this process was still firmly on track and now had the full backing of the board.

“It was a very severe Nicholson report, his findings had great implications and his recommendations were difficult to accept. But after today’s meeting, I can categorically state that there is a very strong resolve to complete the process as closely as possible to the judge’s recommendations,” Basson said.

“The reality is very simple, we had problems with our governance structure and it was at odds with how it is developing across the world. It’s all about smaller boards now, that are more skilled and have more of an independent presence. The board has accepted these proposals and made peace with them.”

The benefits of a smaller, more independent but better skilled board are that cricket should be run more efficiently, they will be better attuned to corporate South Africa and provincial presidents can then concentrate more on their own constituencies, without clouding issues of national importance with their own agendas.

CSA will then be divided into two bodies – a professional board and a members’ forum made up of representatives from all the provinces, associates and aligned bodies.

Basson said a nominations committee would be formed and will provide the current board with a list of people to sit on the new structure.

“The nominations committee will have independent members and will be appointed by the board to identify potential independent board members. Through advertisements and submissions by the public, they will sift through the candidates and then the final choice will be made by the members’ forum,” he said.

In the new structure, the members’ forum will meet perhaps three times a year and decide on broad policies for cricket in the country, while providing “checks and balances” to the board.

The smaller, independent board will meet monthly and be responsible for implementing those policies, the day-to-day operations of cricket and monetary issues.