Ken Borland

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 Members Council ‘owned’ the Fundudzi Forensic Report auditing the affairs of Cricket South Africa in the wake of the suspension of then-CEO Thabang Moroe from the moment they commissioned it last December and they are hopeful that they will finally get to see it without onerous conditions this weekend.

CSA announced in the early hours of Friday morning that the CSA Board of Directors and the Members Council would hold “a joint workshop this weekend to discuss critical matters” and while their statement was in response to Sascoc’s intervention in their affairs revealed on Thursday evening, provincial presidents have confirmed to The Citizen that Saturday’s agenda includes a discussion of the forensic report, which was completed in June.

“We will all be under one roof and hopefully we will at least get a partial view of the report that we will dissect and analyse. I’m pretty sure the forensic report will be made available, or at least what can be made public knowledge will be. This weekend is really make-or-break time for Cricket South Africa, I believe. And then hopefully we will meet with Sascoc on Sunday,” a Members Council delegate told The Citizen on Friday.

According to a president of a major CSA affiliate, efforts to get the organisation, which has postponed the AGM they were meant to hold on September 5, back on track by allowing the Members Council to be informed of any other directors or staff implicated in the misgovernance which saw Moroe being formally dismissed last week, have been hampered by the seven Board members who also sit on the Members Council.

“I’m disappointed by the Members Council to be honest, we just seem unable to make a decision, some representatives are just going along with whatever the Board members say,” the president said.

“There are seven other members of the Members Council and three of them have been especially vocal, but there seems to be a very serious conflict of interest amongst the Board because some of them earn double what their normal income would be by being directors. It’s a flaw in the system but Sascoc are dealing with the Members Council as we look at our Memorandum of Incorporation as well.”

According to their constitution, CSA have to hold an AGM by November 5.

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.

While sports minister Nathi Mthethwa praised Cricket South Africa on Friday for the establishment of their Social Justice and Nation-Building (SJN) project, he also used the launch as a convenient time to call for the organisation to release the forensic report into fired former CEO Thabang Moroe and called for the election of fresh leaders at the AGM on September 5.

CSA on Friday announced that Advocate Dumisa Ntsebeza, a man of significant stature who has served as an acting judge, a Truth and Reconciliation commissioner and is a sought-after legal academic overseas, will be the ombudsman and face of SJN. They also announced nine ambassadors who will help foster the transformation and nation-building objectives of the project in their communities – former Proteas Dinesha Devnarain, Shandre Fritz, Gary Kirsten, Lance Klusener, Marcia Letsoalo, Nulubabalo Ndzundzu, Makhaya Ntini, Geoff Toyana and Monde Zondeki.

The good news of the SJN launch followed the day after Moroe was formally fired with immediate effect by CSA, having been suspended since early December. The CSA Board have refused to make public, even to their own Members Council, the forensic report upon which Moroe’s verdict of being guilty of misconduct was based, but Mthethwa said on Friday in an online address that he expects the organisation to table the report when they meet with him next week.

Many critics believe the CSA Board don’t want to release the report because they are implicated in the same wrongdoing for which Moroe was dismissed.

“I am pleased with the move to establish the SJN project, it is a step in the right direction in the fight for transformation and they heave heard the cries of their ex-cricketers and listened to people like former president Ray Mali on how hurt he is about cricket. This will fight any sort of exclusion, South Africa is so rich in talent but we are not employing our full capacity.

“But when we meet next week for me to respond to CSA’s turnaround plan and the corrective steps they are going to take for the challenges they are facing, I also expect them to share with me and government the forensic report they promised last year to show me when it was available. I look forward to that and then the AGM is in CSA’s hands.

“But the leaders elected should be beyond reproach. Government would frown upon people being elected with questionable credentials. There is a cloud gripping cricket and they definitely need to make a clean move away from that. I would not be happy with a process that is opposed to that,” Mthethwa said.

The irony of a government minister saying CSA should not elect leaders of dubious integrity was exacerbated by where the launch was held, which will also be the location of the ombudsman’s office – Olympic House – the home of Sascoc, themselves embroiled in numerous governance scandals.

Nevertheless, Dr Eugenia Kula-Ameyaw, the CSA independent director in charge of transformation, had reason to be enthusiastic about the new body they have rapidly formed in response to the racial storm that has tarnished South African cricket. But despite the impressive figure in charge of SJN and the good intentions shown on Friday, the power that will determine the success of SJN, and whether it will actually improve the lot of future marginalised cricketers, lies with the CSA Board.

“The ombudsman will recommend to the Board what action should be taken, but the aim of the SJN is to engage, heal and restore. If we are mature enough then we can find something positive out of what is revealed, we do not want a legalistic approach. We will be looking at legacy issues and the lessons from the ombudsman will inform how we move forward. “We will support transformation in the rural areas, aggressively, and it’s all about how we make sure those issues do not happen again. The SJN will be integrated with the transformation committee, but as someone said, our future cricketers are not born to be part of what failed. This time around we really will transform and we have to make sure that it is not just on paper but seen on the field,” Kula-Ameyaw said.