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 took the most gruelling of meetings, but after 11 hours of intense wrangling, the Cricket South Africa Members Council on Sunday night finally agreed to the new constitution proposed by the Interim Board, marking the end of the crisis in cricket that would have led to Minister of Sport Nathi Mthethwa withdrawing their recognition at the end of the week.

The Members Council met on Saturday afternoon and then went into a meeting with the Interim Board from 10am on Sunday. The initial attitude of the Members Council seemed to be that CSA should “defend” their autonomy against the Minister’s looming action, especially since Sascoc issued a strong rejection of having a majority independent board in a statement on Saturday.

But with the threat of irreparable harm being done to the game if they were suspended by the minister, agreement was eventually reached on all the outstanding issues that prevented the Members Council from approving the MoI last weekend.

Sascoc, who have warned CSA that they could have their membership of the mother body suspended if they agree to an majority independent board and an independent chair, will obviously still be an obstacle, but it is believed Mthethwa will be handling that side of the conflict.

CSA issued a communique half-an-hour before midnight on Sunday night, the headline of which included the gorgeous words “Joint Statement” indicating agreement had finally been reached and a catastrophe averted. In terms of Section 60 of the Companies Act, an expedited process has now been triggered which will see the MoI being adopted in the next 48 hours.

“By reaching this agreement, cricket in South Africa has adopted a governance mode which is best practice both in South Africa and internationally,” the statement said. Both Members Council president Rihan Richards and Interim Board chair Dr Stavros Nicolaou were then quoted expressing their delight at the cessation of hostilities.

“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.

The players, through their union, the South African Cricketers Association, have now had their say in the governance crisis in South African cricket and have questioned whether the Members Council is acting in the best interests of the game.

Cricket South Africa stands on the brink of no longer being recognised by the Minister of Sport and therefore unable to represent the country internationally, after the events of the Special General Meeting last weekend in which the Members Council refused to ratify the proposed amendments to the constitution that would have ushered in a more independent board of directors.

SACA accused the Members Council of acting in bad faith.

“We respect the fact that the Minister has shown great patience in dealing with the governance crisis, and the events as they unfolded at the Special General Meeting of 17 April 2021, were in bad faith and disrespectful not only to his office, but to all cricketers and the public. Government intervention in the sport will have dire consequences, the full extent of which we do not yet know.

“The right to represent South Africa may be withdrawn and the ICC may suspend Cricket South Africa. These outcomes will in turn impact touring, broadcast rights and sponsorship deals. Ultimately the financial viability of the game will suffer and cricket at all levels will be severely prejudiced. The Members’ Council has now acted contrary to the wishes of the Minister, the Nicholson Recommendations, King IV Governance principles, and international best practice – how can this be in the best interests of our game?,” SACA said in a statement released on Monday night and signed by national captains Temba Bavuma, Dane van Niekerk and Dean Elgar.

SACA pointed out that these events will be particularly injurious to the women’s game in South Africa. The last 14 months have been smooth sailing for the Proteas Women, as they have reached career-high rankings in the sport. But all their had work will be undone if CSA aquaplane out of control and drive cricket off a bridge.

“The Momentum Proteas Women’s team has enjoyed unparalleled success over the past 14 months, and the women’s game in South Africa is on the verge of significant expansion. The development of the game is now under serious threat, and at a time when we should be enthusiastic about the future, we have to be concerned about its future.
“The Proteas Men’s team has an ICC World T20 Event in November. Preparation has already started for this event, and the current state of cricket administration undermines our work in this regard. It may even lead to our suspension from this event should the ICC decide to suspend South Africa. To the sponsors, we apologise for the actions of our administrators who have undermined and betrayed your commitment to the sport,” the statement says.