Ken Borland

Cricket South Africa’s Board can look forward to more legal action against them as dismissed Head of Sales and Sponsor Relations Clive Eksteen announced on Tuesday that he was taking them to the CCMA for unfair dismissal.

Eksteen was sacked at the weekend based on a single charge that was added to his disciplinary hearing after he was suspended on October 29 for his alleged role in the non-payment of image rights to the players’ union. That extra charge was related to a loss of $100 000 the CSA Exco alleged the organisation suffered because Eksteen negotiated a deal with Amul, the multinational sponsors of South Africa’s T20 series in India last year, for an amount less than had been approved by the CSA Exco.

While Eksteen said he was cleared of all charges related to the non-payment of image rights – the presiding officer finding that the former Proteas spinner was in fact instrumental in the South African Cricketers’ Association eventually being paid – and an additional charge involving an agreement he was not even part of between the SABC and a sponsor, he was found guilty of Charge 5 and dismissed.

Eksteen said this was despite him providing evidence that the agreement with Amul was signed by his superior, chief commercial officer Kugandrie Govender, and that she knew how much they had offered before she informed Exco.

According to CSA disciplinary processes, any appeal can only be over sanction and needs to be handled by the chief executive, who is the legal officer. But acting CEO Jacques Faul is not allowed to be involved in disciplinary matters according to his contract, so he forwarded the appeal to the CSA Board, who last weekend upheld his dismissal.

“The Chair’s finding that revenue was lost was directly contradicted by the evidence of CSA’s employees, evidence she ignored. Subsequent to my conviction, I presented evidence in mitigation. This included a variety of reputable testimonials. The Chair refused to accept pertinent testimonials into evidence. She also refused to accept that Charge 5 was a minor charge, way less serious than the SACA charges on which I had been acquitted.

“In addition, I am in possession of evidence which exculpates me, which has come to light after the conclusion of the disciplinary inquiry, which evidence was known to CSA at the time. In these circumstances, I shall immediately be referring a dispute to the CCMA regarding my unfair dismissal. All of the evidence presented at my disciplinary inquiry, as well as the additional evidence which has now come to light … will be laid out before the CCMA. My attorney and I are totally confident that I will be vindicated in due course. Unfortunately, I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked,” Eksteen said in his statement released on Tuesday.

The CSA Board, who thus far have failed to take any action against former CEO Thabang Moroe, who is suspended on full pay after losses of millions of dollars under his watch, even had the gall last weekend to issue a statement saying Eksteen had been fired after “transgressions of a serious nature”. They failed to mention it was over a theoretical loss of only $100 000 and that it had nothing to do with the dispute with SACA, who have even come out in support of Eksteen’s handling of their image rights dispute with CSA, which involved a reported amount of R2.4 million.

Cricket South Africa’s midnight statement saying former CEO Thabang Moroe is still suspended has only heightened the terrible uncertainty around the game in this country, the chief executive of the players’ union said on Friday.

Moroe was suspended on December 6 pending a forensic investigation into his management practices but arrived at the CSA offices in Melrose Estate on Thursday morning, ostensibly seeking to ‘return to work’. His lawyer, Michael Bill, said his suspension had lapsed after six months.

But the CSA Board issued a statement more than 15 hours later saying the “letter of suspension issued to the Chief Executive Officer explicitly stated that he was suspended until the conclusion of the independent forensic investigation” and that there was no predetermined timeframe attached to his suspension. The Board added that the forensic investigators had indicated their report was “imminent” and “there will be more clarity and certainty provided before the end of June.”

The South African Cricketers’ Association issued a warning earlier this week that CSA’s failure to make progress on Moroe’s disciplinary hearing would seriously erode the small gains in confidence in the organisation that have been painstakingly acquired by acting CEO Faul and director of cricket Graeme Smith, and Andrew Breetzke, the players’ union CEO, said on Friday that CSA’s statement did not alleviate the level of suspicion aimed at the Board.

“We’ve taken note of their intention to complete the disciplinary process with haste and that the forensic report is imminent, but there’s no real comfort that it will all be resolved soon. Thabang Moroe has not even been charged yet and history shows their disciplinary hearings have taken six months to complete from the date the person was charged.

“Given the crisis cricket is facing, we need certainty and CSA are just not creating that at the leadership level. It’s critical that President Nenzani answer the important questions because never before have there been so many crises all at once, and major sponsors Willowton, Standard Bank and Momentum have all said they are very concerned over governance,” Breetzke told Saturday Citizen on Friday.

Breetzke said it was also vital that there was transparency over the forensic investigation’s terms of reference, to allay fears that they were only examining the tip of the iceberg in terms of CSA’s financials.

“It’s a real concern that we don’t understand the terms of reference of the investigation because a lot hangs on that. Nenzani said the whole process would take six months and there is clearly evidence because Moroe was suspended based on the reports of the Social and Ethics and Risk and Audit committees. You would have thought the CSA Board would have dealt with this as a matter of urgency and not in such dribs and drabs.

“This is a systemic issue that runs really deep in CSA, but they are the custodians of cricket, not the owners, so all lovers and stakeholders of the game have a right to know. In terms of the court papers SACA have previously filed, there are lots of incorrect figures and significant negligence regarding the second MSL, plus journalists’ accreditation being revoked, so CSA don’t really have to look much further than that,” Breetzke said.

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.

There was a deafening silence from the Cricket South Africa Board on Thursday as suspended CEO Thabang Moroe returned to their Melrose Estate offices in a brazen display of defiance.

Moroe arrived at CSA headquarters to report for duty on Thursday morning and was photographed outside the gate by a radio reporter who apparently just happened to be passing by. Moroe’s lawyer, Michael Bill, was quoted by iol sport as saying his suspension, which has been in place from December 6, was only valid for six months and the former CEO was honouring his contractual obligations by showing up for work.

CSA staff are all working remotely, however, and Moroe was denied access to the closed premises in Melrose Estate. The move certainly rattled the CSA Board, who said on Thursday afternoon that they would issue a statement by the evening, but by 9pm on Thursday night, nothing was forthcoming.

The CSA Board was earlier this week slammed by the South African Cricketers’ Association, the players’ union, for their tardiness in making any progress on Moroe’s disciplinary hearing. The Board was accused of lacking the will to take action against Moroe.

CSA president Chris Nenzani has only been heard from once in recent times, when he issued a statement saying the Board had not yet agreed who to back for the ICC chairmanship, a position he is believed to want, despite director of cricket Graeme Smith and acting CEO Jacques Faul publicly backing former Indian captain Sourav Ganguly.

With Moroe’s suspension possibly no longer being valid, Faul’s position is certainly under threat. His initial contract expired this month and he confirmed to The Citizen that he is now employed by CSA on a month-to-month basis.

While Faul and Smith have placated the players’ union, sponsors and other stakeholders since taking charge of an organisation that was in freefall both on and off the field in December, Moroe is known to still have his supporters both within the CSA offices and on the Board. Having pulled off a coup to replace former chief executive Haroon Lorgat in 2018, Moroe looks set to outwit the CSA Board, largely due to their own negligence or even complicity.

Bill believes Moroe’s entire suspension was contrary to CSA’s own procedures and labour law, and that there have been no disciplinary hearings, just “conversations”.

Members of the media who had their accreditation revoked by Moroe in December have been interviewed by investigators and insiders at CSA have said a forensic audit of Moroe has brought up irregularities, but nothing further has been done.