Ken Borland

Cricket in South Africa was facing an apocalyptic scenario which the acceptance of an independent majority board has now averted, Dr Stavros Nicolaou, the chairman of the Interim Board, said on Friday.

The details of that new board, to be elected at the AGM to be held no later than June 12, were revealed by Nicolaou at a joint briefing with the Minister of Sport and the Members Council at Cricket South Africa’s offices on Friday.

The new board will comprise 15 directors for the next three years, after which it will be reduced to 13 directors. The 15-strong board will be made up of eight independent directors, five non-independent and the two CSA executives – the CEO and the chief financial officer.

The eight independent directors will be nominated by a six-strong panel comprising representatives from the Institute of Directors, SAICA, the Legal Practices Council, a Members Council nominee, a SACA nominee with previous international cricket experience, and the former CSA presidents have also appointed a representative. Applications for independent directors will begin afresh and close on May 10.

“Cricket was at the edge of the cliff, we were millimetres away, not even centimetres. And it was a very steep cliff and not an easy climb back up, almost an apocalyptic scenario. Sponsors and staff were getting nervous, the country at large too. Cricket needs certainty and predictability, that’s what the players want too. The new MoI is a world-class document and a source of great pride.

“An independent majority board is standard practice, Governance 101, and the chairperson must be independent as well, with all 15 directors voting for one of the eight independent directors. The MoI also makes clear the different roles and responsibilities of the Board and the Members Council because there has been a lot of criticism over cricket having two centres of power,” Nicolaou said.

While Minister of Sport Nathi Mthethwa tried to portray his relationship with the Members Council as being vaguely affectionate, he made clear how strongly he disapproved of their leadership of the game, while also firing another warning shot at Sascoc for them not to get involved again.

“This six-month process was all about staying with the status quo or transforming, and we made it clear we wanted transformation, nothing else. It was a matter of life and death for cricket and those who think they can stand against this process must think again. We need to create a space in which sponsors can be comfortable so they can support sport.

“There is no way this process is going back and it sets a good precedent, not a bad one. Government is reluctant to get into the fray, we try to stay at arm’s length from our sporting codes and we believed CSA itself should be able to resolve their issues. But they made it worse and cricket was going down the drain. Sport being run by sport people, what has it brought?” Mthethwa said.

“It is in your power to save cricket,” is what Dr Stavros Nicolaou, the chairman of the Cricket South Africa Interim Board, told the Members Council on Thursday as he addressed a teleconference to update the media on the current state of the crisis in the game.

Nicolaou said his information is that Minister of Sport Nathi Mthethwa is currently gazetting action against CSA because of their failure to agree to a new board with a majority of independent directors and an independent chair. If their punishment is written into law it can only mean that it is serious, but the Interim Board head said there was still a last-ditch way to save the day, which he pleaded with the Members Council to take.

“I don’t want to speculate or speak on the Minister’s behalf on what those measures will look like, but I have been told they will be gazetted, so the game is in extremely dire circumstances. What can be done? Well the ball is firmly with the Members Council, if they can show the will and conviction to agree to fundamental principles of good governance.

“The Members Council can instantly remedy this situation if they pass a special resolution that they will get a 75% vote in favour of the Memorandum of Incorporation, which will trigger a Section 60 resolution, which if they all sign in 24 hours then the crisis is averted and they can save cricket. The alternative is too horrible to contemplate,” Nicolaou said on Thursday.

The Interim Board slammed the Members Council’s statement alleging the MoI was not negotiated in an inclusive fashion and was thrust upon them, with Nicolaou detailing a timeline from when the Interim Board was appointed on November 15 and their mandate accepted by the Members Council.

He said a working group comprising three members from  each body had been working on the MoI since January 31. The scheduling of a Special General Meeting on April 17 to vote on the new constitution had been set on March 11. Nicolaou said by April 15, every query of the Members Council had been answered and the final MoI was distributed.

“The Members Council statement has immense inaccuracies and a number of misrepresentations. We were exceedingly disappointed with what happened at the SGM, where many prior agreements unravelled. Calling for an indaba of sorts will not help because it is just another tactic to delay the process.

“The chronology shows there was extensive consultation and bringing in Sascoc, who themselves earlier withdrew from the process, has only clouded the issue. Now we require a special resolution because we can’t have another undertaking that the MoI is over the line and then we get to the SGM and it’s rejected. The Members Council keeping kicking this can down the road,” Nicolaou said.

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.

Cricket South Africa and the chairman of their anti-corruption unit, former Judge President Bernard Ngoepe, need to be congratulated for the methodical and efficient manner in which they have dealt with the attempts to fix matches during last season’s T20 competition, resulting this week in Alviro Petersen joining ringleader Gulam Bodi and Jean Symes, Pumelela Matshikwe, Ethy Mbhalati and Thami Tsolekile as players who have received bans.

Petersen accepted a ban of two years this week and his was the most complex of the cases, the former Proteas batsman being both whistleblower and conspirator, both helpful and obstructive to the investigators.

That half-a-dozen players have now successfully been prosecuted – with just one more high-profile name believed to be on the radar – points to the systematic, detailed work of Ngoepe’s anti-corruption unit. There had been pressure on them early on in the investigations to speed up the process and some of the guilty were also politically-sensitive figures, but they ensured they followed due process every step of the way, even if it meant there was no news for a baying public for periods of time.

The acquittal of former New Zealand all-rounder Chris Cairns on matchfixing charges last November really upped the ante in terms of the evidence required by cricket administrators looking to pursue successful prosecutions of those involved in corruption and CSA chief executive Haroon Lorgat and Ngoepe and his staff have handled the latest South African case with the delicacy and precision of a surgeon.

While Petersen claims he raised the alarm about the nefarious activities Bodi was putting into play, the investigators always had questions about the 36-year-old’s continued involvement in the scheme. Did he pull out because he wasn’t going to get enough money out of the scam?

Petersen was implicated by the evidence of his co-accused as well as his actions in destroying key evidence, believed to be his cellphone records, and has basically been found guilty of that and of not immediately reporting the suspicious activities. Perhaps by trying to be the hero and bypassing the rules which all cricketers should know, he has probably ended his professional career.

It is fair to say Petersen is not well-liked by most of his team-mates, I have heard him referred to as “Lord Voldemort”, and, probably due to a really tough upbringing in the Port Elizabeth township of Gelvandale, he is a bristly, difficult character, always on the defensive.

Coming from a really poor background, perhaps the drive to make “easy” money was too strong; or perhaps his desire to be the hero and singlehandedly destroy Bodi’s matchfixing ring turned into hubris.

Perhaps he is guilty of merely showing poor judgement, something all of us suffer from at times, but he has paid a terrible price in his name being tarnished and losing two of his twilight years as a player, particularly in English county cricket, where he has been a prolific and highly-valued run-scorer for Lancashire.

But that’s the penalty under a system that rightly operates under a zero tolerance principle and no professional cricketer can claim that they are uneducated about the anti-corruption measures.

Petersen’s punishment is par for the course for what he did and thankfully he has accepted it without the need for protracted hearings and appeals. This frees up the anti-corruption unit to now zoom in on a former international pace bowler with especially strong political connections.

Perhaps they have left the toughest case to last.