Ken Borland

The former head of sales and sponsor relations, Clive Eksteen, has won his CCMA hearing against Cricket South Africa, who had their dismissal of the former Proteas spinner hit out of the park by the presiding officer.

Eksteen was suspended by CSA on October 29, 2019, along with head of cricket pipelines Corrie van Zyl and chief financial officer Naasei Appiah, and then fired in June for “transgressions of a serious nature”. Former CEO Thabang Moroe had initiated the suspension over the non-payment of Mzansi Super League image rights fees to the South African Cricketers’ Association.

But as the Fundudzi Forensic Report made clear, Moroe and Appiah were actually the ones responsible for the delay in payment and SACA were amongst the witnesses who exonerated Eksteen and Van Zyl. Nevertheless, CSA continued with the disciplinary hearing, with Eksteen’s then line manager Kugandrie Govender, who was then the chief commercial officer but is now the acting CEO, apparently driving the process.

Additional charges were laid against Eksteen that he sold a sponsorship deal to a multinational company for a lower amount than had been approved by the CSA Exco.

“No evidence was presented of Exco having mandated a final amount for the sponsorship; and my superior [Govender] in her evidence failed to mention that she had read a message from me to her, prior to the Exco meeting, in which I had told her of the current offer on the table from the sponsor,” Eksteen said in a statement he released after his dismissal.

Eksteen could not be reached for comment on Thursday, but other high-ranking officials have confirmed the CCMA has ruled in his favour.

Eksteen, who turned 54 on the day he received the good news, has been working in the media industry since his departure from CSA and is highly unlikely to accept his job back. It means CSA are now liable for a large damages claim, given that Eksteen’s dismissal has been found to be unfair and he suffered huge reputational damage as a result.

It is another blow to the cash-strapped, scandal-ridden organisation’s exco. Company secretary Welsh Gwaza was suspended by the interim board this week due to his misgovernance as revealed by the Fundudzi Report, and Govender could now also be in their sights given the costly botching of Eksteen’s disciplinary case.

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.