Ken Borland

Judging by the antics of the Members Council at Saturday’s Cricket South Africa AGM, local cricket fans can thank their lucky stars that there is now a predominantly independent Board that has been put in place to oversee the strategy and vision of the embattled organisation going forward.

In between clowning around in a meeting that has serious consequences for South African cricket and subverting the democratic process by trying to elect people by consensus rather than putting everything to a vote, the Members Council did also manage to object to one of the independent directors named by the Nominations Panel.

Advocate Norman Arendse can be an enormously controversial, divisive figure as he has shown in previous stints on the CSA board, and the Members Council were unanimous in their unhappiness with his appointment. Newly-elected CSA Members Council president Rihan Richards was vague about just why they objected to Arendse, other than to say he was the lead independent director when dismissed CEO Thabang Moroe was appointed and he has made derogatory utterances about CSA in his time off the board.

The Nominations Panel agreed to reconsider Arendse’s appointment, but according to Dr Stavros Nicolaou, the chairman of the Interim Board, they can consider input from stakeholders but can pretty much appoint who they like as long as they meet the eligibility criteria.

The seven independent directors that were confirmed on Saturday are Advocate Steven Budlender, a self-described cricket obsessive; former Proteas batsman and convenor of selectors Andrew Hudson; Simo Lushaba, who has a doctorate in Business Administration and has extensive experience on several boards; governance expert Lawson Naidoo, the executive secretary of the Council for the Advancement of the South African Constitution; Andisa Ntsubane, a marketing and communications expert whose face is well-known in cricket circles through his work with major sponsors; former MultiChoice CEO Mark Rayner and Ntombi Ravele, a seasoned sports administrator who was involved in boxing, netball and tennis.

Ravele is the only woman on the board because the Members Council could not find it in their hearts or resolve to follow through on their oft-spoken belief in gender equality as they elected Border president Simphiwe Ndzundzu, who has been accused of breaking a woman’s arm with a knobkerrie when he went to a colleague’s house and attacked him and his elderly mother, ahead of Central Gauteng Lions president Anne Vilas.

Ndzundzu, head of a province whose financial situation is almost as disastrous as their on-field performance, and Vilas, in charge of arguably the most successful union in the country, found themselves tied for the fifth non-independent director’s position. Ndzundzu has also accused Vilas of being racist when she raised the allegations of his gender violence.

The four other non-independent directors elected are Daniel Govender (KZN), John Mogodi (Limpopo), Craig Nel (Mpumalanga), Tebogo Siko (Northerns).

Interestingly, neither Richards nor Donovan May of Eastern Province, who was elected vice-president of the Members Council, made themselves available for the Board. While Richards said this was “to ensure clear separation between the Members Council and the Board”, history suggests one will find it is merely an arrangement to ensure seven Members Council representatives share the gravy instead of just five.

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.

The South African Cricketers’ Association – the players’ union – on Wednesday entreated the Cricket South Africa Board to stand down following sports minister Nathi Mthethwa’s threat to intervene in the affairs of the embattled federation due to the impasse between government and CSA.

SACA chief executive Andrew Breetzke said in a statement that the only way to end the impasse between CSA and Sascoc and the sports minister was for the Board to resign and be replaced by an interim board. He said the alternative was the International Cricket Council suspending South Africa’s membership, causing enormous disappointment and hardship for the players and the sport itself.

“SACA believes that an interim board of directors must be established to stabilise the organisation. This interim board should include a SACA player’s representative as well as a representative from the remaining stakeholders in the game (sponsors and broadcasters). Furthermore, the interim board should appoint an experienced administrator to assist in the operational work that is required at CSA, ensuring a link between the interim board and operational staff.
“Cricket is in an existential crisis, and the intervention of government will result in the ICC reviewing CSA’s position as an ICC Member, and will furthermore jeopardise the England tour scheduled for next month. Players will suffer, development will suffer and the future of the game will be prejudiced. However, as has been recognised by Department of Sports, Arts & Culture and Sascoc, the current board has no credibility to resolve the crises, and it is clear that the current impasse between government and CSA will not be resolved until such time as the board stands down. We therefore implore the CSA Board to stand down and thereby take a decision that will be in the best interests of cricket,” Breetzke said.

SACA’s position is that an interim board has to be in place first, because the current directors are unable to self-correct. The interim board will then drive the restructuring of the board to ensure it is fully compliant with the recommendations of the Nicholson Commission, which came out eight-and-a-half years ago.

“As we have stated previously, CSA is not able to self-correct, and the intervention of government is further evidence of this. The current governance structure of CSA must be reviewed, and this has been acknowledged by CSA. The interim board must facilitate the implementation of the Nicholson recommendations through amendments to the Memorandum of Incorporation, as this will allow for an effective Board of Directors to ultimately take over the responsibility of the governance of the game.

“The Fundudzi Forensic Report has identified various failures in governance, failures that have consistently been highlighted by SACA, and this is the opportunity to remedy these for the sake of the game and ensure that experienced personnel are recruited into key executive positions,” Omphile Ramela, the SACA president, said.

Cricket South Africa’s decision to postpone their AGM until they first have clarity on what exactly is contained in the forensic reports they have commissioned was generally received as a rare bit of good news for the embattled organisation on Tuesday.

CSA were meant to stage their AGM on Saturday with a new president and several other directors meant to be elected, but that has now been put off indefinitely with the organisation saying they needed to first undergo a governance and structural review based on the recommendations of both the Fundudzi forensic report commissioned when former CEO Thabang Moroe was suspended and also the Nicholson Commission of Inquiry that dates all the way back to 2012 and related to the Gerald Majola bonus scandal.

Moroe was fired last week, with Kugandrie Govender appointed acting CEO, Jacques Faul having stood down from that temporary position the week before.

Most importantly, the postponement means the Members Council have for the first time stood united and flexed their muscle in bringing the Board to order and, crucially, they will now get to see the forensic report into Moroe which is believed to also implicate several Board members in misgovernance. The CSA Board initially refused to release the report to the Members Council, comprising the 14 provincial affiliates, even though they had commissioned the inquiry, and then said they had to peruse it at the Bowman Gilfillan legal offices, only after signing a non-disclosure agreement.

“It’s a win, definitely. It means we can get our house 100% in order before the AGM, it gives us more time to make sure of that. And we are optimistic that we will get access to the forensic report with conditions that won’t hamper us. This has come about because of pressure from the Members Council, who have now shown they have teeth. The Board now seems to be seeking our advice on things like the Memorandum of Incorporation [which formalises the governance structure of CSA],”  a Members Council representative told The Citizen on Tuesday, under promise of anonymity because acting president Beresford Williams has decreed that only he is allowed to speak to the media.

“It’s a positive, it gives us time to clear up our issues, although obviously the problem of the CEO [Moroe] won’t be amongst them because that’s probably going to be decided by a court case. But in terms of the Memorandum of Incorporation, the postponement gives the Members Council a clear opportunity to review that and they will also be able to see the forensic report, the Board is just crafting conditions around that,” another Members Council administrator said.

With South African cricket lurching through almost daily crises in recent times, both the Proteas men’s and women’s sides, through their players’ union SACA, issued a statement on Tuesday calling for CSA to put the good of the game as a whole first.

“As Proteas players, both men and women, we are concerned about the future of our game. At Board and operational level, CSA has lurched from crisis to crisis over the past year. Issues such as suspensions, dismissals, resignations, forensic audits, confidential leaks, litigation and financial mismanagement have dominated the cricket headlines. This is happening at a time when we are having challenging conversations about transformation, and in an environment where the financial viability of the game is under major threat.  
“High standards are expected of us as players. To succeed as Proteas teams, we know we have to put aside personal differences and work together. We require the same of our administrators. Politics and self-interest appear to trump cricket imperatives and good governance. Decisions must be made that are in the best interests of cricket, failing which the game we love may be irreparably damaged in this country. The Proteas teams must be strong, the domestic structure must be strong, and the transformation pipeline must be strong – we demand that this be the focus of the CSA Board and operational team.
“The CSA AGM scheduled for 5 September has now been postponed. This may be the last chance we have to change direction and save the game. As Proteas we demand that all stakeholders heed our sincere plea,” the statement read.