Ken Borland

A new year brings new challenges for the Interim Board of Cricket South Africa with arrangements for the Australian Test tour needing to be made and a new structure for the organisation now being considered by the directors.

Judge Zak Yacoob, the chairman of the Interim Board, said on Thursday that he was confident the incoming tour by Australia would take place, although he did let slip that it is now expected to take place only in April.

“The Australia tour will go ahead at this stage. A week ago I had a chat with the head of Cricket Australia and we agreed that we would make sure the facilities are as good as necessary. Not that we did anything wrong when England were here because none of their players were affected by Covid. But our learnings on this virus changes all the time, it is unpredictable.

“But we both have doctors and other experts who will lead us through and if they say our facilities are fine then I have no doubt that the tour will go ahead, unless things take a real turn for the worse. But cricket fans must know that if they comply with all the precautions then they are not only doing it for themselves but doing it in the interests of cricket. I know we are looking at April,” Yacoob said.

The Interim Board’s term of office expires on February 15 and Yacoob said their focus in the next three weeks would be on formulating a new structure for the board.

“Our most important consideration now is how to change the structure of CSA to ensure it works better, and that is an independent process because we have no intention of being on any future CSA board. The main objective is to ensure that the Memorandum of Incorporation (MoI) and the Board Charter are changed in accordance with the Nicholson recommendations i.e. the need for an independent board.

“We are trying to work through what the power of the Members Council should be and the one conclusion is that we cannot have two centres of power. We have decided it would be preferable for the Board to be in control of day-to-day operational matters. If the directors are independent then they will have no personal interest in the decisions taken,” Yacoob said.

While one former director – Omphile Ramela, the previous president of the players’ union – has launched court action to overturn his removal from the Board, another – former Easterns president Xolani Vonya – has been reinstated as a director.

The move seems part of a more conciliatory tone towards the Members Council.

“Mr Vonya is back, because the Board decided that may be better. Some of the reasons for his removal were not fully justified, Easterns did not fully justify their very serious allegations against him. On balance, we had a rethink and decided to be more generous towards him.

“We have not yet really engaged the Members Council on the new MoI and I suspect there will be a difference of opinion, which is justifiable. An independent Board does reduce the power of the Members Council but I am certain they will operate in good faith. There will be genuine and bona fide debate over how independent the Board should be.

“One can get carried away and get people who know nothing about the game and you obviously need to avoid that. The Members Council have to appoint us again and if they don’t approve us again then off we go on February 15 unless the Minister of Sport does something. We would have to tell the Minister that we have not finished our work, but I personally would not implore him to intervene, he must make an objective decision,” Yacoob said.

Sports Minister Nathi Mthethwa has already accepted that there is no way Cricket South Africa will be able to hold their AGM on December 5, but that does not mean the new interim board of directors he announced on Friday are there for a holiday.

Mthethwa tasked the interim board with completing their mandate within three months, although he did leave the door open for their term of office to be extended.

“The interim board need to hit the ground running and deal with the current governance and structural issues. They should aim to implement the Nicholson Commission recommendations, consider the Fundudzi Forensic Report and take the recommended action or whatever action they deem to be appropriate, review all board decisions made since 2019 and restore the integrity and reputation of CSA.

“They have three months to do this, but that may be extended based on their progress. We hope they will deliver because this group knows exactly what it has to do and the Members Council still has an obligation to ensure their work is moving well. But there is no way December 5 can remain as the date for their AGM, which could have been avoided if certain people had listened earlier,” Mthethwa said on Friday.

The new interim board of directors is chaired by Judge Zak Yacoob, a former justice of the Constitutional Court, and includes other ‘independent’ figures in Caroline Mampuru, the deputy head of the Special Investigative Unit, Stavros Nicolaou, a senior executive for a major pharmaceutical company, and Andile Dawn Mbatha, the chief financial officer of the Independent Electoral Commission.

But a trio of passionate cricket-lovers who have gone to town in recent times in their criticism of the organisation and the recently-resigned board have also found accommodation on the interim board.

The most astonishing appointment is that of Haroon Lorgat, who has been at the forefront of CSA’s critics and was the federation’s chief executive as recently as September 2017, before being deposed by the power bloc that included Thabang Moroe, whose tenure and subsequent suspension and firing have been central to CSA’s governance crisis. But Lorgat is an internationally-respected administrator who is a former CEO of the International Cricket Council and CSA was a stable organisation during his watch.

Omphile Ramela, the president of the South African Cricketers Association, has also been a strident critic of CSA on behalf of the players, while Judith February is a lawyer and governance expert for the Nelson Mandela Foundation and the Institute for Security Studies, as well as a respected columnist who has also expressed her dismay over the administration of a sport she is clearly passionate about.

Andre Odendaal, the former CEO of the Western Province Cricket Association and the Cape Cobras, is another appointee, who has had a long history in the game as a first-class player, administrator and historian.

There is also a member of the old guard on the interim board in Xolani Vonya, the recently-resigned Easterns president who has been a strong supporter of both Moroe and company secretary Welsh Gwaza, who has been seen as a stumbling block to change at the organisation.

Vonya has been a controversial figure because the Easterns union have been wanting to get rid of him for many months, including holding a vote of no confidence against him, but Moroe and Gwaza gave him legal support to fight his removal.

Following the resignation of the rest of the Cricket South Africa Board on Monday morning, the Members Council will now focus their efforts on setting up an interim board comprised of fit individuals to steer the federation to their AGM on December 5 and also formulate a new Memorandum of Incorporation for the election of directors.

The three remaining independent directors and the last non-independent director, Free State president Zola Thamae, all stood down on Monday morning, following the weekend resignations of five of the non-independent directors on the Board.

With no Board now in place, the 14-strong Members Council is currently in charge of CSA and their first order of business is to set up an interim board, none of whom will be directors from the last four years and none of whom will be eligible for the new permanent Board once it is in place.

The Members Council will present their plans to sports minister Nathi Mthethwa later on Monday, ahead of their scheduled meeting with him on Tuesday, and they will also consult with Sascoc over the composition of the interim board.

While ensuring independent directors are a majority on the board is one of the major recommendations of the Nicholson Commission, a big focus of the Members Council will be in ensuring these independents are fit to serve cricket, because they have been disappointed with the level of contribution made by the independent directors in recent years.

“Everyone on the Board has now gone and we will now move forward with our interim board plan. We want to send the Minister a response before our meeting on Tuesday. We’ve opened communication with Sascoc, but we need to nominate people who will add value to cricket, we need to guard against people coming in who are not going to help CSA.

“We want to get that interim board as clean as possible and you can’t serve on that body and then be a Board member afterwards because that would be a conflict of interest and we don’t want people to be persuaded into doing things that are not for the benefit of the game. Knowledge of cricket is going to be key and the biggest question facing us is whether we want totally independent figures or cricket people,” a provincial president who sits on the Members Council told The Citizen on Monday.

The administrator confirmed that they were trying to convince a recently retired Protea of high standing to swop his whites for a tie and sit on that interim board.

Much of the blame for CSA’s mess can be laid on the shoulders of previous independent directors, on whom the Board depends for expert corporate governance advice, who did not ensure those running the organisation stayed on the straight and narrow.

The Central Gauteng Lions have decided to move away from the prescribed racial constituencies for the election of their board in their AGM on Saturday, because critics say it encourages individuals elected as directors to only focus on their particular segment of the game.

Since the Langa Commission in 2009, which was set up by disgraced Cricket South Africa CEO Gerald Majola as punishment for Gauteng cricket’s role in bringing the bonus scandal to light, the Lions board has had a specific racial composition, with racial voting blocks that meant Black African clubs could only vote for the Black African members of the board, likewise for the Coloured and Indian and White groupings.

Last year, CSA pulled a similar stunt, delaying the AGM when the Ngoepe Commission was instituted to see if the changes brought about by the Langa Commission had aided transformation. Judge Bernard Ngoepe found that they had not, but then said the provisions should continue.

Of the seven non-independent directors to be elected to the board, three of them had to be Black African, with the Coloured/Indian and White constituencies electing two representatives each. But the Members Council, comprising all the province’s clubs, have agreed that in Saturday’s AGM there will be two guaranteed posts for each of the racial categories, for which everyone can vote, while the seventh place on the board is open to anyone.

The Black African Cricket Clubs (BACC) grouping this week lashed out at the Members Council and have threatened to pull out of Saturday’s AGM.

“Transformation has not been fully achieved but there has been progress. The Coloured and Indian clubs don’t feel any less Black than the Black African ones and having more Black African representatives does not automatically guarantee transformation. The board has been majority Black African for a number of years but the report by Judge Ngoepe said transformation had not been achieved.

“We want to vote for the best board, whether that means five Black Africans, seven or two. But the BACC are basically fighting about one seat and have been threating the Concerned Cricketers Forum (Indian/Coloured) and the Previously Advantaged Clubs (White), both of which have definitely changed their demographics anyway. We don’t want to vote by constituency anymore.

“All clubs should play a role in electing all seven board members, so the Members Council have decided that all clubs can vote for all seven, the best seven. There are also the five independent directors to be chosen by the new board and I would be surprised if that wasn’t 80% Black African. We want to be able to hold every board member accountable, with three different constituencies the directors all just look after their own interests. The day a Black African club can ask a White board member what they are doing for that club is the day we move forward,” a Members Council insider told Saturday Citizen.

Central Gauteng Lions CEO Jono Leaf-Wright said he believed the Members Council’s only agenda was to obtain long-overdue unity.

“We just want a united board that can grow all cricket and execute our mandate, including transformation. In terms of transformation, I believe we have ticked many boxes. It would be different if we were fielding lily-white teams, but our system and pipeline are very strong,” Leaf-Wright said.