Ken Borland

The death knell sounded for the existing Cricket South Africa Board on Sunday with the resignation of five non-independent directors and the move to appoint a Board with much better practitioners of corporate governance can now gain pace, according a Members Council insider.

The resignations of acting president Beresford Williams and fellow directors Angelo Carolissen (Boland), Donovan May (Eastern Province), John Mogodi (Limpopo) and Tebogo Siko (Northerns) has left the Board with just one non-independent director in Zola Thamae and three independents – Dr Eugenia Kula-Ameyaw, Marius Schoeman and Vuyokazi Memani-Sedile.

But they are expected to also stand down before Tuesday’s deadline set for CSA by sports minister Nathi Mthethwa, opening the way for an interim board to be appointed, which will complete the adjustments to the Memorandum of Incorporation that will change the composition of the Board. The major changes will see a majority of independent directors and non-independent directors will no longer also have a seat on the Members Council, as per the recommendations of the Nicholson Commission of Enquiry in 2012.

“Not all of the directors were happy to go, but they were basically told they had to, we forced them. We will now wait for the independents to resign, and if they don’t do that then we will deal with them quickly. An interim board will then be set up and we will take a suggestion as to how that should happen to the sports minister on Tuesday. And Sascoc will assist us with that.

“There may be one or two current members of the Members Council on that interim board, but we have decided that nobody who was in office in the four years between 2016 and December 2019 will be eligible,” the Members Council insider told The Citizen on Sunday.

It seems Anne Vilas of Central Gauteng cricket and KZN president Ben Dladla, two of the stars in the Members Council’s efforts to flex their muscle against the board, could be involved in that interim board because they have only recently been elected.

There are some doubts, however, that the interim board will be able to get the new MOI formalised before the AGM on December 5, leading to a possible delay in elections for the permanent new board.

It will be interesting to see how the new independent directors, who should make up the majority of the board, are elected because there have been some far-from-stellar appointments in the last few years. The independent directors that have been there have largely failed to intervene in the governance scandals that have plagued CSA and in some instances have actually made them worse.

Cricket South Africa’s Members Council, having studied a summary of the Fundudzi Forensic Report over the weekend, have decided that whatever the governance failings of the Board of Directors were, they are not terrible enough to warrant them stepping aside ahead of the AGM, which has to be held by November 5.

The 14-strong Members Council includes seven members of the Board, an awful structural defect which perhaps made stronger action impossible. Nevertheless, there does seem to be a strong desire for change in CSA’s governance structures and how the Board is constituted. The weekend bosberaad decided that CSA’s Memorandum of Incorporation is to be revised with special attention given to the composition and roles of the Members Council, the Board of Directors and executive management.

But it is the current Board who will be responsible for the implementation of these changes before the AGM.

“The summary of the forensic report was quite comprehensive and covered all the burning issues. Just the litigation-sensitive stuff was kept from us on the advice of legal counsel from Bowmans Gilfillan so as to protect the case they are building against the relevant people. But there was not much in there that should affect the appointment of directors. Not many of the responsible people remain on the Board.

“There are things that could have been done better and some decisions made by the Board were not great. But often they rely on senior management to feed them the information, you trust that information to be correct and then six months later when you discover that it is not, then it’s too late. But I can’t really see why it was kept from the public,” a Members Council delegate told The Citizen on Sunday night.

The Members Council will now have their meeting with Sascoc, who have called for the Board and executive management to stand aside and allow the independent task team they are appointing to conduct an investigation into the affairs of CSA, on Monday evening.

But the practicalities of who would actually be in charge of the operations side of CSA, as well as what is seen as “quite an aggressive overstep by Sascoc”, makes it unlikely that CSA will agree to the Sascoc demand for directors to step aside.

A date for the AGM, originally scheduled for September 5, has not been finalised, but the controversy over the nominations process for new directors was discussed. The process will now be overseen by an interim selection panel comprised of people from both within and outside the game.

The proposed changes to the MOI will all need to be ratified at the AGM.

Cricket South Africa chief executive Haroon Lorgat was yesterday not only able to deliver the good news that he has been exonerated of all wrongdoing surrounding his alleged involvement in the media statement criticising ICC governance by their former legal advisor David Becker, but also news of on-going negotiations with Australia and England for more Test cricket against those countries.

The International Cricket Council yesterday announced that they could find no evidence linking Lorgat to Becker’s damning statement and also cleared him of allegedly trying to bribe or threaten journalists in an attempt to withdraw the story.

“Being exonerated is no surprise to me because I knew exactly what I had done and what I had not done, and I knew that I would not fail myself nor cricket in South Africa,” Lorgat said at the Wanderers yesterday.

“But I am gravely disappointed that I was found guilty in the media and a lot of things were said about me even before the investigation began.”

Not much seems capable of taking the former ICC chief executive by surprise and Lorgat also brushed off the Board of Control for Cricket in India’s decision to not stage any of the IPL in South Africa while revealing the prospect of increased Tests against Australia and England.

“We weren’t surprised at all by the BCCI announcement, they want to play the tournament close to home. We were involved in discussions all along and we were informed of the decision before it went public. It made sense to have the first 16 games in the UAE, if they needed longer outside India then maybe we would have featured,” Lorgat said.

“But we never had any plans for the IPL in the financial forecasts. It would have been a windfall, but it’s something we hadn’t bargained for.”

With Lorgat and CSA having a well-publicised falling out with the BCCI last year and India, Australia and England staging a virtual coup to take control of the ICC, the fears that South African cricket would be sidelined don’t seem to be materialising.

Lorgat revealed the success of preliminary negotiations with other boards that would see more Test cricket being played in South Africa.

“We are very keen to play four-Test series against Australia and we’ve gone some way to agreeing to that, although it’s dependent on the calendar. And we are talking to England and have agreed in principle to play a five-Test series in 2015/16. So we’ve already achieved a lot working together since the original ICC proposal, which has already been changed considerably,” Lorgat said.

Cricket South Africa (CSA) chief executive Haroon Lorgat said on Thursday that he objected to sections of the media finding him guilty without trial after the International Cricket Council (ICC) announced that they had exonerated him of any wrongdoing surrounding the media statement criticising ICC governance made last October by their former legal advisor David Becker.

An independent adjudicator commissioned by the ICC cleared Lorgat of knowing about the Becker media statement and its contents prior to its initial distribution; of being

involved in the preparation of the statement; or of attempting to persuade a number of different journalists to delay or withdraw the Becker story by offering to do something for them in return, allegedly bribing and eventually threatening the journalists.

“Being exonerated is no surprise to me because I knew exactly what I had done and what I had not done, and I knew that I would not fail myself nor cricket in South Africa,” Lorgat told a news conference at the Wanderers on Thursday.

“But I am gravely disappointed that I was found guilty in the media and I seriously expect an apology and then we can move on. A lot of things were said about me even before the investigation began.

“It’s an opportunity for the media to reflect on how fairly and accurately they have done their job. I call on the media to report fairly on Cricket South Africa, some people just use a sledgehammer and it brings their own organisations into disrepute. The media ought to be accountable for what they write, just like I am accountable for what I do,” Lorgat continued.

While Lorgat did not want to ascribe the investigation to the machinations surrounding the so-called takeover of the ICC by the ‘Big Three’, he confirmed that the Board of Control for Cricket in India (BCCI) had been one of the parties that offered to drop the charges during the debate over the changes in the structure of world cricket’s governing body.

“The CSA president, Chris Nenzani, was involved in those talks and he has confirmed that offers to drop the investigation were made at the time of the ICC revamp discussions. We made it very clear though that there would be no deals, but it showed that the BCCI and many other board members had already moved on because they knew what the outcome of the investigation would be. Thankfully we continued with it, however, because now my name has been cleared,” Lorgat said.

Lorgat is now free to involve himself fully in all ICC business and dealings with the BCCI, but he said his suspension from these activities had not particularly affected CSA.

“I don’t believe that it affected South African cricket to a great extent. I was involved in many discussions on the sidelines and I missed just one chief executives’ meeting, but I was in Dubai at the time and was discussing all the issues outside the meeting,” Lorgat said.

Nenzani said in the CSA statement released earlier on Thursday that the board had maintained the utmost confidence in Lorgat throughout the investigation.

“As we expected, all the allegations have been dismissed and the board would like to reiterate its full trust and confidence in Mr. Lorgat as its chief executive. To date the board has been satisfied and indeed impressed with the progress made under his leadership.

“It is also clear that allegations and insinuations made against Mr. Lorgat by certain journalists were unprofessional and do not fall within the bounds of fair or justifiable comment. I hope these individuals or their organisations will now have the courage to issue an apology to both Mr. Lorgat and CSA,” Nenzani said.