Ken Borland

The provincial presidents on the Members Council who are in favour of the proposed changes to the governance of Cricket South Africa seem to be taking responsibility for solving the impasse with the Interim Board and Minister of Sport Nathi Mthethwa as six of the unions have now issued statements supporting a majority independent board and an independent chairperson.

It may still be a case of too little, too late though as Mthethwa mulls what action to take under Section 13 (5) of the Sports Act against CSA for missing their deadline to approve a new constitution ahead of an AGM.

On Wednesday, the Northerns and Mpumalanga cricket unions issued statements supporting the stance of Central Gauteng, North-West, Easterns and Free State that there should be a majority independent board and independent chairperson.

The two Highveld unions also called for all stakeholders to take part in a national indaba, steered by an independent mediator, to resolve the impasse as quickly as possible.

But in his letter to the Members Council on Tuesday night telling them he would be taking action against them according to the provisions of the Sports Act, Mthethwa said “your proposal to convene a multi-party stakeholder conference to deal with a matter that you have been seized with for a number of months, does not make sense to me.”

Because Mthethwa has the authority to no longer recognise CSA, it would mean South Africa could go back to the days of isolation and not have an official national team.

As the sports minister told a radio station on Tuesday night, if things continue the way they are, the world will have to be told there is no cricket in South Africa.

Cricket South Africa sadly faces suspension by the Minister of Sport after Nathi Mthethwa rejected the Members Council’s plea for a seven-day extension to sort out their impasse with the Interim Board over the introduction of a majority independent board and independent chairperson.

Having given the Members Council until 5pm on Tuesday to show cause as to why he should not take action against them following their weekend failure to approve the Interim Board’s governance proposals, Mthethwa informed the provincial presidents on Tuesday night that he considered their response “to fall short of addressing the subject of showing cause why I should not apply the provisions of Section 13 (5) of the Sports Act based on your failure to implement a critical aspect of the mandate I gave the Interim Board”, according to a letter which The Citizen has seen.

The Sports Act allows for Mthethwa to withdraw government recognition of CSA, which would prevent them from participating in international cricket, thus surely leading to their suspension from the International Cricket Council and dooming the local game to amateur status.

There is clearly a massive gorge in opinion between what most observers believe are the minister’s powers and what the Members Council are banking on, because Mthethwa mentions “a lack of alignment with my interpretation of the powers provided to me by the Sports Act”.

Mthethwa points out that in his meeting with the Members Council and the Interim Board 10 days ago, there was agreement on the desirability of a majority independent board. He also mentions a letter the Members Council sent to the Interim Board saying the only remaining item for discussion was the definition of non-independent directors.

“Your proposal to convene a multi-party stakeholder conference to deal with a matter that you have been seized with for a number of months does not make sense to me. … I do not understand what would be achieved by a further seven-day extension when you were part of a conference that announced a roadmap that targeted April 17 as a completion date,” Mthethwa said.

The gorgeous irony is that several provinces are now rallying behind the lead of Gauteng and North-West, who called on the Members Council to approve the new constitution. But it is too little, too late.

The conspirational – and successful – efforts of the Cricket South Africa Members Council to block the new Memorandum of Incorporation proposed by the Interim Board were on full display on Saturday when the Special General Meeting called to pass the amendments and end the impasse in the sport’s governance was made open to the media.

That the Members Council were not actually going to embrace change and elevate the administration of cricket into the modern era was clear from the very beginning. The scheming began with Eastern Province president Donovan May, whose time on the gravy train extends through all of the governance crises of the last decade, trying to stop the meeting before it even began by pointing out they could not proceed until all 14 provincial presidents had logged on to the virtual platform. Gibson Molale of Northern Cape is believed to have been the late arrival.

May interrupted again during the address of Interim Board chair Dr Stavros Nicolaou to point out that Sascoc president Barry Hendricks, who Nicolaou had invited as an observer, should not have been invited unless he was allowed to have a voice. Hendricks had apparently turned down the invitation because of this, but then suddenly joined the meeting 35 minutes after it had started.

Following sports minister Nathi Mthethwa’s address in which he urged the Members Council to “not let us down as a country” and “consider the implications of choosing the wrong way”, Tebogo Siko of Northerns then proposed that Hendricks be allowed to speak.

Nicolaou questioned whether it was good governance to change the agenda during the meeting, but the Members Council agreed to let Hendricks speak. The Sascoc president then firmly stated that CSA could not go ahead with the amendments without them being passed by Sascoc first, clearly going against the wishes of Mthethwa for the CSA issue to finally be resolved.

Although the Interim Board announced earlier that the Members Council had agreed to the new MoI, there had been whispers during the week that they were trying to get Sascoc involved because their constitution is at odds with having a majority of independent directors on the board.

Mthethwa responded by saying Sascoc had failed to deal with the matter in the first place and had asked him to intervene. “We cannot reverse now. We want to see this process go smoothly, with no opposition and no obstruction. May cricket be the winner,” the minister said before taking his leave.

And then it was put to the vote, when the blockers of change were really revealed, because they were the ones who actively opposed a public vote. May asked if there could be a secret ballot, Interim Board member Haroon Lorgat called for transparency and a show of hands. Anne Vilas was the only provincial president who spoke out for transparency, with John Mogodi (Limpopo), Daniel Govender (KZN), Molale and Simphiwe Ndzundzu (Border) being vocal in supporting May’s call for a secret ballot.

Members Council acting president Rihan Richards then said secret ballots are “standard practice and nothing new”, which sums up exactly why CSA have been in a mess for so long, before the motion for non-transparency was passed.

The proposed amendments were not passed, with only six of the 14 presidents being in favour of a majority independent board and five in favour of an independent chair. Astonishingly, given the gravity of the issue, there were three abstentions in the first vote and four for the second amendment. But that also sums up the calibre of leadership on CSA’s Members Council.

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.