Ken Borland

A hard-hitting letter from Minister of Sport, Arts and Culture Nathi Mthethwa to Beresford Williams probably ices the cake in terms of sealing the fate of Cricket South Africa’s acting president, who has indicated his desire to stand for the permanent position at the AGM on December 5.

Williams was told by parliament’s sports portfolio committee to recuse himself from Tuesday’s hearing with CSA because he is implicated in the Fundudzi Forensic Report, not only for his involvement in a R5 million loan to the Western Province Cricket Association that he was formerly president of, but also being on the Board committee who appointed Thabang Moroe as full-time CEO in 2018 after he had been acting for a year despite him not meeting the minimum requirements for the post.

But Williams’ shares have fallen even further with the leaking of a letter from sports minister Mthethwa, who is clearly adamantly against Williams continuing as president. Replying to a letter from CSA, signed by Williams, which states that the CSA Board have decided not to step down and told Mthethwa he did not have the legal power to force them, the sports minister threatened: “As a parting shot, I wish to reiterate that I shall not be dissuaded from applying what the National Sport and Recreation Act 110 of 1998 enjoins me to do”.

The Mthethwa letter begins: “I note that instead of accurately depicting what was said at the meeting we had on 6 October, you have taken the liberty to put words into my mouth. To that end, I will use my response to correct some of the inaccuracies that are evident in your letter”.

Mthethwa went on to say he did not provide the directive for Williams and the Board to step down, but instead was agreeing with Sascoc’s call for this to happen.

“In addition to the National  Sport and Recreation Act 110 of 1998 you seem to selectively quote from, to show that I do not have the power to intervene, you are kindly reminded that as a sovereign country in which I am the Minister responsible for Sport, Arts and Culture, there is a raft of laws at my disposal, that empower me to deal effectively with recalcitrant behaviour within my portfolio,” Mthethwa stated.

The four main outcomes Mthethwa wants to see, according to his letter, are the full implementation of the Nicholson Commission recommendations, the appointment of a new, stable Board, effective transformation and the correct handling of the Fundudzi Forensic Report.

Apart from telling Mthethwa he did not have the power to force the Board to step down, CSA also said they viewed his intervention as government interference which probably “jeopardises CSA’s continued membership of the ICC”.

The bad news for CSA and Williams is that Mthethwa has the power to no longer recognise them as a national federation, thereby making their membership of the International Cricket Council moot in any case.

Parliament’s sports portfolio committee duly received the full Fundudzi Report into the forensic affairs of Cricket South Africa on Friday, but not without having to go through legal gymnastics such as signing a non-disclosure agreement.

The members of the committee could get some decent weight training in if they print out the 486-page report and lug it around over the weekend. CSA were scheduled to meet again with the sports portfolio committee early next week, but depending on how much weekend leisure time the politicians are willing to give up, that could well be postponed given how long it will take to study the report properly.

A summary of the report was released to the media and other stakeholders, but not to parliament, by Cricket South Africa earlier in the week, much to the ire of the sports portfolio committee. They demanded that the full, unredacted report be given to them by close of business on Friday and CSA have complied.

While the summary focused on the failures and misdeeds of former CEO Thabang Moroe, it has caused a legal kerfuffle elsewhere in terms of some of the other names that were mentioned. CSA have been at pains to point out that the report has not been tested in court and is only the opinion and recommendations of the Fundudzi investigators. But already the other people named such as CSA human resources director Chantel Moon and parliamentary liaison officer Unathi Tshotwana, who has allegedly been exposed as being Service Provider X, have been tarnished without being given the opportunity to respond.

CSA issued a statement on Friday evening saying they had asked the chairperson of the sports portfolio committee, Beauty Dlulane, to declare the report as confidential.

“CSA has noted the public statement by the chairperson of the PPC to the effect that the PPC will sign a non-disclosure agreement in respect of the forensic report.  As such, and in accordance with the recommendation of the relevant Parliamentary Senior Legal Adviser, CSA has requested the chairperson of the PPC to make a ruling in terms of the relevant provisions of the Rules of the National Assembly, declaring that the forensic report is a confidential document.

“As publicly stated by CSA on various occasions and public platforms, the contents of the forensic report are confidential at this stage because it is a provisional report, because aspects of the report are subject to further investigation, and because public dissemination of the report at this stage may impair the integrity of the investigation process and undermine the implementation of remedial steps by CSA. It is for these reasons that CSA has, at this stage, released to the media a summary of the report, recording the substance of the provisional findings,” the statement said.

The full report, unlike the summary which was put together by CSA’s lawyers Bowmans, was sent to parliament directly by Fundudzi, so there should not be any redactions.

CSA did add that they would be consulting with Sascoc with a view to giving their president the report on the same basis as the sports portfolio committee.

But don’t expect any huge revelations to be coming out on social media over the weekend, because the lawyers have held sway.

The representatives of the Cricket South Africa Board tasked with meeting parliament’s portfolio committee on sports, arts and culture on Tuesday found the going so tough that they caved in and have agreed to release the full Fundudzi Forensic Report to those politicians by 4.30pm on Friday.

CSA’s seven-strong delegation included acting president Beresford Williams and independent directors Eugenia Kula-Ameyaw, Marius Schoeman and Dheven Dharmalingam, but they received a hostile welcome from the sports portfolio committee, who were miffed that a summary of the forensic report had been released publicly on Monday before the politicians had had a chance to look at it.

The self-serving nature of CSA leadership is probably only matched by those parasites in parliament, so it was no surprise when the portfolio committee, who have been waiting five months for the report, began to demand that nothing less than the full, unedited Fundudzi findings be made available to them.

It was Schoeman, the chairman of CSA’s audit and risk committee, who eventually made the concession.

“It’s a tipping point and a step in the right direction. The protocol to follow is that the Members Council will be consulted and confirm that the Board may release this report. It will be released in hard copy by Fundudzi by Friday, close of business, 16 hours 30. If this is not done by 16:30 on Friday, then I will resign,” Schoeman promised.

Acting president Williams, who was mentioned in the Fundudzi report for failing to recuse himself when there were conflicts of interest in loan discussions between CSA and the Western Province Cricket Association which he formerly headed, also committed himself to the full report being released. That will surely see him put out to grass when the AGM is held on December 5, following former president Chris Nenzani, who had initially made all sorts of promises about releasing the report and then resigned in mid-August, into the wilderness.

“On behalf of CSA I just want to recommit that we will deliver on our promise. Thanks to everyone for their contribution. We will make the full report available as committed,” Williams said.

Judging by the level of anger expressed by the sports portfolio committee and by Sascoc, it seems inevitable that they will only be satisfied once the entire CSA Board has been put out to pasture.

“I respected cricket’s leadership when they said they were waiting and processing. But the respect I have given you I didn’t see in return. You think that this report does not belong to the committee. Why should we wait, five months down the line? And instead of this committee being given the full report, a summary goes to the public.

“I’m very disappointed with your leadership for disrespecting even the chairperson of this committee, who gave you chances when the members said I shouldn’t. You didn’t have the courtesy of thinking, five months down the line, that there is a committee of parliament that you were supposed to prioritise. I don’t take kindly to what you have done to me. I’m so disappointed in your leadership that, five months down the line, you have done this to us,” Beauty Dlulane, the chair of the sports portfolio committee, said.

In an unprecedented move, Cricket South Africa company secretary Welsh Gwaza is set to be given his own personal assistant, but the controversial Thabang Moroe ally may find his empire-building cut short following the mentions of him in the Fundudzi Forensic Report released on Monday.

Asked to confirm on Monday whether CSA are busy with the appointment of a PA for Gwaza, CSA communications officer Sipho Rihlamvu said: “CSA considers vacancies based on each portfolio’s needs analysis and how the filling of such vacancies would best serve the organisation. These needs are presented to the relevant structures within CSA and signed off with the prerequisite approvals. Any consideration for the positions within CSA must satisfy the said criteria.”

Other sources have suggested Gwaza has requested a PA because of his “increased workload”, a sure sign that the company secretary is being given more responsibility and therefore more power.

But Gwaza could be one of the CSA staff members against which both Fundudzi and CSA’s lawyers, Bowmans Gilfillan have recommended disciplinary processes be started.

One of the most serious examples of misgovernance exposed by Fundudzi was the deal with Global Sports Commerce for the Mzansi Super League, which has now opened CSA up for losses of R27.5 million should GSC fail to honour the terms of the settlement. The CSA Board were given assurances by Gwaza, as well as former CEO Moroe and chief operating officer Naasei Appiah, who have both subsequently been fired, that due diligence had been done on GSC, but it was never presented to the Board, before Moroe authorised payment of R30 million to the sports management company.

Gwaza was also one of the Exco members who was aware that the South African Cricketers’ Association had not been paid the image rights money due to them from the 2018 MSL.

Other funds that CSA are trying to recover, as exposed by the Fundudzi Report, are the R3 019 244 given to ‘Service Provider X’ by Moroe and Appiah without following the Procurement Policies of CSA.

Moroe’s bungling of the step-in at the Western Province Cricket Association, with Fundudzi finding he misled the CSA Board, cost the federation R725 227 in costs awarded to WPCA by the arbitrator. His appointment of Chantel Moon, who was not qualified for the job, as head of human resources on a consultancy basis without following due process in August 2019 cost CSA nearly R1.7 million according to the report. Moon was also allegedly paid R1.25 million in 2017/18 for ad hoc HR work without a signed contract.

Appiah’s purchase of alcohol for R201 372 on the company credit card was also flagged by the forensic investigators, as was Moroe’s R64 830 booze bill.

In terms of loans to the affiliates, the WPCA owe CSA R57.7 million, while the total loan bill to all affiliates for stadium upgrades comes to nearly R169 million.

Most alarmingly, CSA could not provide the forensic investigators with documentation supporting the signing of the top 40 procurement contracts agreed between January 2016 and December 2019.

NSA Vulindlela were paid about R6.8 million for security services without a contract or Board approval, and without a tender process.