Ken Borland

While a majority independent board and an independent chair have been the most well-publicised aspects of the new Cricket South Africa constitution eventually agreed to by the Members Council, the process by which independent directors are appointed is another vital pillar of the new MoI … and it is now raising concerns among stakeholders in the game.

The MoI puts into place a Nominations Committee which will be a six-person panel comprising either a men’s or women’s former international player nominated by SACA, alongside a former CSA president nominated by the Interim Board, a Members Council representative and people from the Institute of Chartered Accountants, Institute of Directors and the Legal Practice Council.

The only problem with the Nominations Committee is that their word is final and the non-independent directors, or anyone else, are not allowed to object to the names they come up with.

The dangers of that clause are brought into focus by the first board that will serve under the new MoI. Because the Nominations Committee will only exist after the new constitution is formally adopted on Wednesday, they will be picking from a list that the Interim Board have seemingly put together from the applicants who put themselves forward before the cut-off date for applications, which was in February.

It is hardly an independent process because nobody knows who applies and who handled the applications, apart from the Interim Board.

Given the schisms in South African cricket that are obviously still present even though they will ‘officially’ be signed away on Wednesday, there is still an atmosphere of fear and uncertainty out there, and that has led to all manner of speculation and rumour about who CSA’s new directors will be.

The return of Norman Arendse, president of CSA from 2007 to 2008 and a controversial figure because of his continued interference in the selection of the national team, has been mooted, while some administrators have warned of a new wave of cadre deployment as they fear Minister of Sport Nathi Mthethwa wants to drive the ANC agenda in cricket.

Other administrators have called for the institution of an independent administrative office to handle applications for independent director posts, which would then pass them on to the Nominations Committee, with independent auditors exercising oversight through the whole process.

The process of appointing independent directors has the potential to be the new battleground of South African cricket.

“It is in your power to save cricket,” is what Dr Stavros Nicolaou, the chairman of the Cricket South Africa Interim Board, told the Members Council on Thursday as he addressed a teleconference to update the media on the current state of the crisis in the game.

Nicolaou said his information is that Minister of Sport Nathi Mthethwa is currently gazetting action against CSA because of their failure to agree to a new board with a majority of independent directors and an independent chair. If their punishment is written into law it can only mean that it is serious, but the Interim Board head said there was still a last-ditch way to save the day, which he pleaded with the Members Council to take.

“I don’t want to speculate or speak on the Minister’s behalf on what those measures will look like, but I have been told they will be gazetted, so the game is in extremely dire circumstances. What can be done? Well the ball is firmly with the Members Council, if they can show the will and conviction to agree to fundamental principles of good governance.

“The Members Council can instantly remedy this situation if they pass a special resolution that they will get a 75% vote in favour of the Memorandum of Incorporation, which will trigger a Section 60 resolution, which if they all sign in 24 hours then the crisis is averted and they can save cricket. The alternative is too horrible to contemplate,” Nicolaou said on Thursday.

The Interim Board slammed the Members Council’s statement alleging the MoI was not negotiated in an inclusive fashion and was thrust upon them, with Nicolaou detailing a timeline from when the Interim Board was appointed on November 15 and their mandate accepted by the Members Council.

He said a working group comprising three members from  each body had been working on the MoI since January 31. The scheduling of a Special General Meeting on April 17 to vote on the new constitution had been set on March 11. Nicolaou said by April 15, every query of the Members Council had been answered and the final MoI was distributed.

“The Members Council statement has immense inaccuracies and a number of misrepresentations. We were exceedingly disappointed with what happened at the SGM, where many prior agreements unravelled. Calling for an indaba of sorts will not help because it is just another tactic to delay the process.

“The chronology shows there was extensive consultation and bringing in Sascoc, who themselves earlier withdrew from the process, has only clouded the issue. Now we require a special resolution because we can’t have another undertaking that the MoI is over the line and then we get to the SGM and it’s rejected. The Members Council keeping kicking this can down the road,” Nicolaou said.

Cricket South Africa owe a great deal of thanks to the Brexiteers of the United Kingdom as their efforts have led to the return of some top-class players just as the domestic game heads into a new-look, uncertain future.

Because Brexit engineered Britain’s exit from the European Union, all Kolpak deals fell away and South Africans playing county cricket in England could no longer do that unless it was on the basis of them being registered as overseas players. Which would then allow them to play in – and for – South Africa.

And so the likes of Simon Harmer (Northerns), Kyle Abbott (Boland), Stiaan van Zyl (Boland), Duanne Olivier (Gauteng), Wayne Parnell (WP) and Hardus Viljoen (Boland) are all returning to the domestic game. Coupled with Hashim Amla and Vernon Philander coming out of retirement to play for Western Province and Chris Morris signing a contract with Northerns, it means a raft of invaluable experience and quality is returning to provincial cricket, which can only be good.

Some of those players have only been able to secure a one-year contract though, because the teams were only allowed to give out eight two-year contracts out of their squad of 16.

In terms of these players’ availability for the Proteas, there is nothing technically stopping them from being called up. Although some of them, most notably fast bowler Olivier, left South Africa in awkward circumstances. As an organisation, Cricket South Africa had the right to feel snubbed in certain cases.

National coach Mark Boucher was asked recently specifically about Olivier’s chances of a Proteas recall and what he described would apply to all of the returning players.

“A lot of things need to happen. He needs to show form in our system, we can’t judge him on what he’s done in the past for South Africa or overseas. Then we need to ask whether he fits into our culture, will he show good attitude and are the other guys happy to have him. If he can tick all those boxes then we would welcome him back,” Boucher said.

The players, through their union, the South African Cricketers Association, have now had their say in the governance crisis in South African cricket and have questioned whether the Members Council is acting in the best interests of the game.

Cricket South Africa stands on the brink of no longer being recognised by the Minister of Sport and therefore unable to represent the country internationally, after the events of the Special General Meeting last weekend in which the Members Council refused to ratify the proposed amendments to the constitution that would have ushered in a more independent board of directors.

SACA accused the Members Council of acting in bad faith.

“We respect the fact that the Minister has shown great patience in dealing with the governance crisis, and the events as they unfolded at the Special General Meeting of 17 April 2021, were in bad faith and disrespectful not only to his office, but to all cricketers and the public. Government intervention in the sport will have dire consequences, the full extent of which we do not yet know.

“The right to represent South Africa may be withdrawn and the ICC may suspend Cricket South Africa. These outcomes will in turn impact touring, broadcast rights and sponsorship deals. Ultimately the financial viability of the game will suffer and cricket at all levels will be severely prejudiced. The Members’ Council has now acted contrary to the wishes of the Minister, the Nicholson Recommendations, King IV Governance principles, and international best practice – how can this be in the best interests of our game?,” SACA said in a statement released on Monday night and signed by national captains Temba Bavuma, Dane van Niekerk and Dean Elgar.

SACA pointed out that these events will be particularly injurious to the women’s game in South Africa. The last 14 months have been smooth sailing for the Proteas Women, as they have reached career-high rankings in the sport. But all their had work will be undone if CSA aquaplane out of control and drive cricket off a bridge.

“The Momentum Proteas Women’s team has enjoyed unparalleled success over the past 14 months, and the women’s game in South Africa is on the verge of significant expansion. The development of the game is now under serious threat, and at a time when we should be enthusiastic about the future, we have to be concerned about its future.
“The Proteas Men’s team has an ICC World T20 Event in November. Preparation has already started for this event, and the current state of cricket administration undermines our work in this regard. It may even lead to our suspension from this event should the ICC decide to suspend South Africa. To the sponsors, we apologise for the actions of our administrators who have undermined and betrayed your commitment to the sport,” the statement says.