Ken Borland

The independent directors on Cricket South Africa’s board have not always furthered the best interests of the game in this country, but hopefully this time it will be different as nominations for those positions close on Friday.

The Interim Board currently in place is trying its utmost to ensure that the governance scandals that have rocked Cricket South Africa in recent years never happen again and those efforts centre around the independent directors. The Memorandum of Incorporation they are developing for CSA has two non-negotiable aspects that will empower those independent directors, according to one of the Interim Board members.

Firstly, the new board that will come into place in mid-April will comprise a majority of independent directors and, secondly, the chairman of the board must be an independent director as well. There will now be a clear split between the board and the Members Council, which comprises the provincial presidents.

The Members Council will elect a president who may sit on the board, but they will not be the chairman.

While the Interim Board are looking for “people of integrity and substance who are also cricket people”, the quality of the new independent directors will only be as good as the nominations received. Which is why the current board are anxiously awaiting Friday and hoping their advert on CSA’s website [https://cricket.co.za/item/336/Careers] draws some standout applicants.

What is also crucial is the quality of the nominations committee that will sift through the candidates and this has apparently been another area in which the Interim Board are ensuring they get the right people.

While acting CEO Pholetsi Moseki is doing a good job, the new board will also have to find a permanent CEO who can drive CSA’s renaissance as well as having standing at International Cricket Council level. The independent directors will drive that process.

Omphile Ramela, the former president of the players’ union who was last month removed as a director of the Cricket South Africa Interim Board, has lodged an application in the High Court challenging his removal based on the alleged rude conduct of the board and an accusation that they have erred in terms of procedure.

The board resolved on December 15 to remove Ramela for being “derelict in performing his functions as a director” and engaging in “destructive practices”, related to his alleged refusal to accept majority decisions and subsequent leaks of board discussions to the media. Ramela was given the opportunity to put his case before the board, but failed to attend the meeting.

Ramela then announced on Tuesday evening on social media that he will challenge his dismissal in court.

“I have lodged an application against CSA with the High Court. While the application deals with my removal, the premise of this application speaks to the conduct of this board as far [sic] the principle of law and order is concerned. … Given that my concerns speak to the principle of its conduct in matters of law and procedure, the court is the best place that can ventilate this matter and see it to its logical conclusion.

“The directors of this board serve in leadership structures of society. If its conduct is questionable in law and procedure then we as a country and the game of cricket have a much bigger problem. My major concern is the game. I could have easily walked away from this, but I think I’ve got a responsibility as someone who’s been in the game to stand for the truth,” Ramela posted on Twitter.

Ramela went on to say that he will demonstrate at the High Court that the CSA interim board have not acted with the interests of the game at heart, especially in terms of transformation.

“The decisions I’m contesting speaks to the motive of this conduct. This board has not done anything to advance the game and enhance transformation on and off the field of play. Instead it has done the total opposite to a point of regressing any transformation gains and governance. This then begs the question, whose interest are they serving?

“Hopefully this court process will help pierce that veil and reveal the source of our problems in cricket. The game has served me as a player and it has created opportunities for me. So if there is a case I can make that the interests of the game are not being protected at the moment I will put that out there. I believe that this application to the High Court will demonstrate that,” Ramela said.

The interim board issued a statement on Wednesday saying Ramela’s application is without substance and they will oppose it in court.

Sports Minister Nathi Mthethwa has already accepted that there is no way Cricket South Africa will be able to hold their AGM on December 5, but that does not mean the new interim board of directors he announced on Friday are there for a holiday.

Mthethwa tasked the interim board with completing their mandate within three months, although he did leave the door open for their term of office to be extended.

“The interim board need to hit the ground running and deal with the current governance and structural issues. They should aim to implement the Nicholson Commission recommendations, consider the Fundudzi Forensic Report and take the recommended action or whatever action they deem to be appropriate, review all board decisions made since 2019 and restore the integrity and reputation of CSA.

“They have three months to do this, but that may be extended based on their progress. We hope they will deliver because this group knows exactly what it has to do and the Members Council still has an obligation to ensure their work is moving well. But there is no way December 5 can remain as the date for their AGM, which could have been avoided if certain people had listened earlier,” Mthethwa said on Friday.

The new interim board of directors is chaired by Judge Zak Yacoob, a former justice of the Constitutional Court, and includes other ‘independent’ figures in Caroline Mampuru, the deputy head of the Special Investigative Unit, Stavros Nicolaou, a senior executive for a major pharmaceutical company, and Andile Dawn Mbatha, the chief financial officer of the Independent Electoral Commission.

But a trio of passionate cricket-lovers who have gone to town in recent times in their criticism of the organisation and the recently-resigned board have also found accommodation on the interim board.

The most astonishing appointment is that of Haroon Lorgat, who has been at the forefront of CSA’s critics and was the federation’s chief executive as recently as September 2017, before being deposed by the power bloc that included Thabang Moroe, whose tenure and subsequent suspension and firing have been central to CSA’s governance crisis. But Lorgat is an internationally-respected administrator who is a former CEO of the International Cricket Council and CSA was a stable organisation during his watch.

Omphile Ramela, the president of the South African Cricketers Association, has also been a strident critic of CSA on behalf of the players, while Judith February is a lawyer and governance expert for the Nelson Mandela Foundation and the Institute for Security Studies, as well as a respected columnist who has also expressed her dismay over the administration of a sport she is clearly passionate about.

Andre Odendaal, the former CEO of the Western Province Cricket Association and the Cape Cobras, is another appointee, who has had a long history in the game as a first-class player, administrator and historian.

There is also a member of the old guard on the interim board in Xolani Vonya, the recently-resigned Easterns president who has been a strong supporter of both Moroe and company secretary Welsh Gwaza, who has been seen as a stumbling block to change at the organisation.

Vonya has been a controversial figure because the Easterns union have been wanting to get rid of him for many months, including holding a vote of no confidence against him, but Moroe and Gwaza gave him legal support to fight his removal.

Following the resignation of the rest of the Cricket South Africa Board on Monday morning, the Members Council will now focus their efforts on setting up an interim board comprised of fit individuals to steer the federation to their AGM on December 5 and also formulate a new Memorandum of Incorporation for the election of directors.

The three remaining independent directors and the last non-independent director, Free State president Zola Thamae, all stood down on Monday morning, following the weekend resignations of five of the non-independent directors on the Board.

With no Board now in place, the 14-strong Members Council is currently in charge of CSA and their first order of business is to set up an interim board, none of whom will be directors from the last four years and none of whom will be eligible for the new permanent Board once it is in place.

The Members Council will present their plans to sports minister Nathi Mthethwa later on Monday, ahead of their scheduled meeting with him on Tuesday, and they will also consult with Sascoc over the composition of the interim board.

While ensuring independent directors are a majority on the board is one of the major recommendations of the Nicholson Commission, a big focus of the Members Council will be in ensuring these independents are fit to serve cricket, because they have been disappointed with the level of contribution made by the independent directors in recent years.

“Everyone on the Board has now gone and we will now move forward with our interim board plan. We want to send the Minister a response before our meeting on Tuesday. We’ve opened communication with Sascoc, but we need to nominate people who will add value to cricket, we need to guard against people coming in who are not going to help CSA.

“We want to get that interim board as clean as possible and you can’t serve on that body and then be a Board member afterwards because that would be a conflict of interest and we don’t want people to be persuaded into doing things that are not for the benefit of the game. Knowledge of cricket is going to be key and the biggest question facing us is whether we want totally independent figures or cricket people,” a provincial president who sits on the Members Council told The Citizen on Monday.

The administrator confirmed that they were trying to convince a recently retired Protea of high standing to swop his whites for a tie and sit on that interim board.

Much of the blame for CSA’s mess can be laid on the shoulders of previous independent directors, on whom the Board depends for expert corporate governance advice, who did not ensure those running the organisation stayed on the straight and narrow.