Ken Borland

In what the Ministry of Sports, Arts and Culture has described as “an extraordinary demonstration of patience”, Minister Nathi Mthethwa on Tuesday agreed to give the warring factions in Cricket South Africa another week in which to sort out their differences and adopt a new Memorandum of Incorporation for the new Board that is meant to be installed after the AGM on April 17.

The Interim Board have proposed a new MoI which seeks to rectify the poor governance in cricket by having a board with a majority of independent directors, as well as an independent chair. But the Members Council, made up of the provincial presidents, has refused to accept this and the impasse has grown uglier by the day.

Mthethwa, who put the Interim Board in place in October last year, met with the two parties on Tuesday night and his department then issued a follow-up statement on Wednesday morning that would have left no-one in doubt as to who the sports minister is backing.

The statement said: “In an extraordinary demonstration of patience, Minister Mthethwa said, ‘it is important not to allow boardroom disputes to trump player welfare. I am being dared to take executive action. In my opinion, it is clear that the court of public opinion shows no appetite for any unnecessary delays and own-goals, especially at a time when sponsors have demonstrated unbelievable loyalty and patience.

“Despite clarification on some misinterpretations and being provided with cricket best practice elsewhere in the world, the Members Council still clung to the 2013 CSA stance of ‘cricket needing to be run by cricket people’. Amongst the points of clarification were the fact that ‘independent’ does not necessarily translate to ‘cricket illiteracy’.”

In an environment that currently features as much intrigue as in a Sydney Sheldon novel, the Members Council are still deeply suspicious of having a majority of independent directors, but it was pointed out to them that a majority could mean as little as 51%.

Minister of Sports, Arts and Culture Nathi Mthethwa cleared the air at his meeting with the Cricket South Africa Interim Board and Members Council on Tuesday night and left no-one in any doubt that he supports a majority independent board and an independent chairperson of the board, encouraging the Members Council to remember the mandate and role he gave to the Interim Board last year to restructure the governance of the sport.

The Members Council has been fighting against a majority of seats on the board going to independent directors, obviously because that would cut down on the number of seats available to them, and they refused to adopt a proposed new Memorandum of Incorporation for the new board drawn up by the Interim Board two weeks ago.

With the impasse rapidly developing into all-out war between the two parties, Mthethwa’s joint sitting with them was overdue and he apparently made it clear that the independence of the new board is a vital principle.

The Members Council have now been given until April 6 by Mthethwa to reconsider their position. They will need to meet again with the Interim Board to find common ground and hopefully this time there will be no buccaneer statements from either side.

Cricket South Africa are fighting lots of legal battles at the moment, but possibly the most damaging to their reputation has just been made public as former England captain Karen Smithies has served the embattled organisation legal papers alleging discrimination during last year’s interview process for the position of Proteas Women’s team manager.

Smithies, who led England to the World Cup title in 1993, has been a highly-respected administrator and manager of the Titans team for the last 20 years and played a key role in the growth of the women’s game in this country in the early 2000s.

But Smithies has now made the shock claim that CSA rejected her application to be Proteas Women’s manager due to her being “bisexual or lesbian”, according to the organisation’s disgraced former head of HR, Chantal Moon. And Smithies has the recordings to prove it.

For an organisation that is trumpeting diversity as a core value and riding the wave of the tremendous recent success of the national women’s team, the revelations are deeply embarrassing and disturbing.

The online interview was held on June 9 last year via Teams before a panel comprising Moon, who has subsequently been dismissed as she was not properly qualified for her job, director of cricket Graeme Smith, head of player pathways Eddie Khoza and high performance manager Vincent Barnes.

Smith left the meeting after the interview, but the other three then discussed Smithies without realising that their conversation was still being recorded.

The legal papers allege that Moon pointed out that Smithies is “bisexual or lesbian”, to which Khoza responded that she “is in a life partnership with a previous South African women’s captain”. Moon then said there was a risk that Smithies would get “involved in some darling-darling relationship with one of the players”.

Barnes pointed out that it would not be right to appoint a “White Pommie instead of a Black African Male [current manager Sedibu Mohlaba].

The comments are an obvious case of discrimination against Smithies personally because national women’s captain Dane van Niekerk is married to team-mate Marizanne Kapp and there are other relationships within the squad. Coach Hilton Moreeng is a man but nobody has ever raised any concerns about him having a relationship with one of the players.

Smithies told The Citizen on Saturday that the initial hurt of the comments has been exacerbated by CSA’s steadfast refusal to respond to any of her complaints, forcing her to go the legal route.

“I felt so hurt and very disappointed that my career and achievements all came down to that one thing [her sexuality]. These are people I know well and I just wanted an apology and an acknowledgement that what happened was wrong. I’ve tried everything possible to avoid going to court, sent so many letters, but CSA have not had the decency to reply to one of them,” Smithies said.

Cricket South Africa’s Interim Board have been attacking the problem of the Members Council’s intransigence with Dobermann-like tenacity over the last week and there are hopes that next week will bring a reconvened meeting of the provincial presidents and a revote that sees the new Memorandum of Incorporation for the permanent board passed.

Last weekend the Members Council rejected the proposed MoI that would have implemented the recommendations of the Nicholson Commission, specifically having a board made up of a majority of independent directors, chaired by one of the independent directors.

The Interim Board has spent this week engaging with the provincial boards and have discovered that the 8-6 vote against an independent board may not have been an accurate reflection of the actual wishes of the delegates. In their discussions it has also emerged that there were misunderstandings over the definition of an ‘independent’ director, in some cases because of misinformation from the provincial president sitting on the Members Council.

“The Interim Board has engaged with the affiliate unions and they have found an open mind. It seems there has been some misinformation and they did not understand how a majority independent board would work, with more specific focus on getting cricket people involved. There are thousands of cricket-lovers in this country who could be eligible as an independent director.

“It seems some Members Council delegates who are not keen on the change did not motivate the proposals correctly to their own provincial boards. Some false notions were peddled, maybe to try and ensure more seats for the non-independents. It also seems that the vote against the MoI may not have been properly recorded because some provinces actually voted yes but wanted more detail,” a source with intimate knowledge of the discussions told Saturday Citizen on Friday.

One of the arguments put forward against the new MoI is Sascoc policy that states members are to have boards comprising a majority of non-independent directors. But it is believed the Interim Board are willing to face down Sascoc as well if they do not allow the composition of CSA’s board to change.