Ken Borland

Judging by the summary of the Fundudzi Forensic Report released by Cricket South Africa on Monday, it would seem dismissed CEO Thabang Moroe failed “to act with the degree of care, skill and diligence that may reasonably be expected” on an almost daily basis and the report exposes just how shambolic the running of the game had become under his watch and that of the Board.

The Fundudzi Report was commissioned, according to non-independent director John Mogodi in his presentation on Monday, to “investigate various governance issues, lapses in CSA controls and governance oversights” between January 2016 and December 2019. And it uncovered an extensive list of actions and inactions that justified disciplinary measures against Moroe.

But certain other staff members, most notably former chief operating officer Naasei Appiah, who was dismissed in mid-August, are also implicated in misgovernance and the Board itself is accused of dereliction of their fiduciary duties.

Moroe, however, is mentioned a dozen times: for contravening the CSA Code of Conduct when he revoked five journalists’ media accreditation, his failure to ensure the South African Cricketers’ Association were paid their image rights timeously which amounted to treating the players’ union with disdain and causing CSA to suffer reputational damage; several instances where he failed to follow procurement protocols and did not act in the best interests of CSA; misleading the Board when it came to exercising their step-in rights with the Western Province Cricket Association, and in failing to ensure due diligence was done in signing Global Sports Commerce for the Mzansi Super League; excessive credit card expenditure and the irregular appointment of a consultant who was not qualified for the post as head of human resources.

The fact that the CSA Board were so easily misled by Moroe and others will tickle those who have long stated that many of the directors are not fit for office.

Former independent director Mohamed Iqbal Khan and current acting president Beresford Williams were both accused of contravening the Companies Act due to a conflict of interest surrounding FinCom’s decision to make loans to the Western Province Cricket Association.

The Board also approved the agreement with GSC despite never being shown the due diligence report they had previously insisted on and GSC’s failure to provide a bank guarantee. Only 8% of the R169 million the Board has approved in loans to their affiliates for stadium upgrades has been paid back since May 2017, with several of the provincial presidents that benefit from the loans sitting on the CSA Board.

Fundudzi also found that CSA have had no effective internal audit unit for the last four years and the extension of Khan and Dawn Mokhobo’s terms as independent directors last year contravened their own Memorandum of Incorporation.

Mogodi said CSA’s lawyers, Bowmans Gilfillan, had recommended disciplinary processes against other employees of CSA and that although it was still early days in terms of those investigations, “we have already taken action on many findings and the Board are determined to act without fear or favour. We will not tolerate fraud, corruption or mismanagement”.

Fundudzi recommended criminal charges be laid in respect of the Service Provider X deal which saw Moroe and Appiah, without following the correct procurement processes, approve payment of nearly R3.5 million for services that have not been delivered.

South African Cricketers’ Association president Omphile Ramela on Wednesday said the leadership of Cricket South Africa has taken the game to the brink of “total collapse” and called for intervention at Board and management level.

On the same day that CSA announced chief commercial officer Kugandrie Govender as the new acting chief executive following the immediate resignation of Jacques Faul, the players’ union issued a statement slamming the organisation for the current crises, which they say threaten the future of the game in this country.

“Instead of facing these crises, CSA is embroiled in destructive politics at Board and management level. It is evident that cricket is unable to self-correct. With the CSA AGM looming, the reality is that many of the administrative challenges confronting the game are as a result of administrators failing to adhere to principles of corporate governance.

“A number of affiliates have crises of their own, and it is these structures that provide leadership to CSA. Before we see the total collapse of the game of cricket there needs to be a leadership intervention at Board and management level that is able to stabilise and transform both the game and the business of cricket,” Ramela said.

SACA said the level of crisis within CSA is now up to the point where the players themselves feel that their livelihoods as professional cricketers are threatened.

“SACA has engaged directly with players over the past few weeks and there is a growing realisation amongst players that their careers as professional cricketers are being threatened by the very organisation that should be nurturing them. SACA has consistently called for certainty and consistency in the governance and management of the game.

“The sudden resignation of both the President and Acting CEO is clear evidence that cricket in South Africa is at war with itself. Mr Nenzani owes all stakeholders an immediate explanation as to why he has stood down a mere three weeks before the CSA AGM, after he had refused to do so over the previous eight-month period despite calls to do so from key stakeholders within the game. Together with the sudden resignation of Dr Jacques Faul as Acting CEO, one can only deduce that the Board of Directors has yet again reached a level of dysfunctionality that threatens the existence of the game in our country,” Andrew Breetzke, the CEO of the players’ union, added.

Cricket South Africa Director of Cricket Graeme Smith on Saturday described all the leaks coming from the organisation – many of which have promoted falsehoods targeting him personally – as a “cancer” and said the e-mails he had sent to the Board complaining about them had not yet been addressed.

Smith has even had his contract details leaked to the media and there was also a fraudulent document circulated which alleged he was a shareholder in 3TCricket.

“These leaks are a cancer within the organisation and you just wonder who in a senior position would do this? What is their end goal? It’s clearly a high-profile person because of some of the stuff that has been leaked. This kind of thing doesn’t help build relations, it feels like some people have ulterior motives, so we end up spending all our time speaking about these things and not the game.

“I have written a few e-mails about it to the president [Chris Nenzani], the board and the company secretary [Welsh Gwaza], who has been part of all my processes. And there hasn’t been a huge response. But it was good to see the president put a few things straight in an article today and there are a lot of very good people in CSA, especially at staff level, in cricket services,” Smith said in a teleconference on Saturday.

While Smith defended his appointment as director of cricket, saying he had gone through the whole chain of appropriate processes, and was keen to continue in the role, he added that he would step aside if there was someone better equipped for the job. He also defended his choice of Mark Boucher as national coach.

“I feel I have been extremely unfairly targeted over the appointments, I feel there’s a bit of an agenda. It comes back to why I got into the job in the first place – I wanted to put cricket straight and improve CSA as an organisation – and CSA courted me for a while. I went through the interview process and initially turned the job down. But in the absolute chaos of last December I decided I wanted to be part of the solution.

“I don’t feel like I’m going to be perfect or not get anything wrong, but my intentions and value system are good. But if someone can do a better job then they must tell me. I did not appoint myself, I went through a rigorous interview process presided over by mainly Black African people. You ask yourself what you can achieve in this role, but that’s why I decided to sign an extension to my contract.

“In terms of Mark Boucher, the team need a strong leader and he’s done enough coaching at domestic level and had a lot of success, his personality and experience is what was needed. He and Enoch Nkwe [assistant coach] can form a strong partnership, that’s an important dynamic. They are the right team to take the Proteas forward … theoretical qualifications are not the be-all and end-all,” Smith said.

It took some daring for Smith to accept the post of director of cricket back in December and South Africa’s most successful captain described CSA as being in “chaos” at the time.

“I fearfully got involved in December in a situation that was chaos, absolute chaos, there was zero trust between anyone. There’s still an element of internal agendas pulling in a lot of different directions and I would like to align those. Life was a lot simpler as a broadcaster! But I was sad to see South African cricket fall from its perch, that’s why I got involved.

“It’s feeling chaotic again, so I keep revisiting why I took the job in the first place. But you ask yourself lots of questions – What are the motives? What is the end game? What are these people trying to create because in the end it’s only the game that suffers. But I was captain for a long time so I have formulated ways of dealing with the stresses and public pressures of a high-profile job,” Smith said.

While Smith’s decision to take a knee in support of the Black Lives Matter movement during the 3TCricket Solidarity Cup went down like a flat beer with those of a right-wing persuasion, the director of cricket said he did it to show he is serious about creating a South African cricket culture in which everyone can feel comfortable.

“The BLM movement provided the opportunity for everyone to have an open discussion before the Solidarity Cup, which is why we all decided to take a knee, to show solidarity to creating a better environment going forward. We’ve got to create a culture where everyone feels safe to talk. I was most surprised that players did not feel they had a voice in the past. “As far as I was aware, there have always been channels, but obviously these players did not feel that way, so hopefully we can improve on that. I was very taken aback by Makhaya Ntini’s stuff. When I came into the team, I never thought of him as being the silent type, he was a senior player then. He gave me a different explanation when I asked him about running to the ground and not taking the bus,” Smith said.

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.