Ken Borland

It was an interesting day for CEOs of Cricket South Africa both past and present on Tuesday as the fired Thabang Moroe saw his plot to return to office delayed in the Labour Court and the acting incumbent Kugandrie Govender suffered the embarrassment of the organisation backtracking on her statement that White consultants would no longer be used unless there were exceptional circumstances.

Moroe approached the Labour Court on Tuesday to have his dismissal set aside because he believes the disciplinary process was unlawful, but he first of all had to convince the court that his application was urgent. CSA’s lawyers argued that the matter was not urgent and the court reserved judgement as to whether the matter should be held urgently or not. The court is expected to make its decision during the week.

Govender stated last week in a text message to Sport24 that following a meeting with the minister of sport Nathi Mthethwa, CSA “are now required to enforce Black consultants only until such time as the numbers are moving in the right direction and we can then revise this. It’s an internal measure to enforce that the change that should have happened organically over the years but didn’t, does actually now happen”.

The announcement created a storm of protest, with civil rights lobby group AfriForum threatening legal action against CSA and the Institute for Race Relations writing to the International Cricket Council to report the organisation for failing to respect the governing body’s constitution in terms of racial discrimination and political interference.

CSA issued a statement on Tuesday saying they were saddened by the media reports around their use of consultants. They called the stories “factually incorrect” even though they were quoting their own CEO verbatim.

“CSA has not taken and will not take a decision to work exclusively with Black consultants. The media reports around the statements made by our Acting Chief Executive are not a correct reflection of the sentiment that CSA had sought to convey. CSA therefore reiterates that it does not have a policy of excluding any racial grouping.

“As part of our corporate business model, CSA has adopted and subscribes to the country’s BBBEE Act and Affirmative Action policy. This means CSA has a moral and legal obligation to implement these two prescripts, while still embracing the need for all South Africans to live their cricketing dreams regardless of background, culture or ethnicity, and this includes the services that we procure from external service providers,” their statement said.

CSA went on to say transformation is a pillar for the organisation.

“It is, therefore, imperative that we constantly remind ourselves of its [transformation] importance in the way in which we conduct our business. As a democratic and non-racial institution, CSA is well aware of the need to provide equality and quality of opportunity to all and we do also emphasise that this has to be seen in the context of our unhappy history that for more than a century deprived the majority of our population from living their cricket dreams both on the field of play and in many other areas.”

The change of stance by CSA will now obviously attract the attention of Minister Mthethwa, who has been critical of the number of White faces in prominent positions at CSA. It is believed using exclusively Black consultants unless there are none available at the level required in order to keep the Proteas at the top end of the world rankings is exactly what CSA promised Mthethwa at their meeting last week.

It is also a loss of face for Govender, whose meteoric rise at CSA saw her appointed acting CEO on August 19 after Jacques Faul stepped down.

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.