Ken Borland

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“The right to represent South Africa may be withdrawn and the ICC may suspend Cricket South Africa.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.

The Sands of Time are running out for Cricket South Africa’s Members Council so their last desperate attempts to block progress and the restructuring of the Board should be no surprise. The same self-serving administrators who put their own interests ahead of those of the game as a whole and allowed cricket to be captured were never going to vacate their seats on the gravy train without an almighty struggle.

That they have been operating in poor faith becomes clear when one considers that they themselves agreed to the establishment of the Interim Board on the basis that they would introduce a majority independent board chaired by an independent director, but now that the memorandum of incorporation amended to include these prerequisites has been presented, they have refused to accept it.

Their excuse for not ratifying the changes was that they were instructed to do so by their constituencies, but it seems this is a flimsy reason. Follow-up investigations with the provincial boards have shown that the ones who mandated a vote against the new MoI did so based on the incomplete picture they were presented by their provincial president sitting on the Members Council. And eager to have more of a shot at a place on the new Board.

The major sticking point appears to be the definition of an ‘independent’ director and those wanting to stymie progress have warned that this will lead to cricket being run by people who have no love nor knowledge of the game. Which is pure fear-mongering and much of it has been deliberate and not just the understandable caution when approaching a landmark change in how things are done in cricket administration.

There is an inevitability that the recalcitrant administrators will eventually lose, but some of them seem willing to hold out for as long as possible, never mind if it breaks the game in this country. As has been said, and proven, several times before, the Members Council cannot take on the Minister of Sport and hope to win.

Nathi Mthethwa holds all the aces and has all the legal weaponry he needs to force them to comply. Unfortunately, many of these will devastate the game – much like a couple of nuclear bombs ended World War II but also caused immense suffering and damage. The sports minister can withhold funding or remove the right to award national colours from CSA, effectively suspending the Proteas’ involvement in international cricket.

Let’s hope that matters do not have to go that far.

It causes immense frustration that the players – through a strongly-worded statement from SACA, sponsors, media and the general public have all expressed their great dismay at the attitude of the Members Council and yet the stubborn miscreants who have already done so much damage to the game continue to defy all calls for them to embrace change or move out.

Minister Mthethwa will justifiably be enraged by the lack of respect he has been shown and that is certainly the emotion I feel when confronted by the sheer, selfish obduracy of the parasites on the Members Council.

In their desperation, the Members Council have also, when it suits them, invoked Sascoc’s policy that members need to have a majority of non-independent directors on their board. Never mind that CSA ignore what goes on at Sascoc 95% of the time, that organisation is squelching through the mud of their own corporate governance crisis.

In 2017, then Minister of Sport Thulas Nxesi instituted the Zulman Commission to investigate the governance and management of Sascoc. It red-flagged conflicts of interest surrounding board members and recommended that they follow the benchmarks of international best practice and amend their board to have more independent directors.

Having more non-independent, hands-on directors in provincial structures might make sense, but a national board, considering their oversight function and the billions of rands they deal with, must be dominated by an independent contingent whose only concern is the overall good of the game.

The world has changed, top-level sport is no longer an amateur endeavour that can be run by the blazer brigade. It is big business and one needs heavyweights of the corporate world to steer the organisation.

Hopefully the light bulb will come on soon in the Members Council boardroom and they will ensure a more certain future for the game in this country.

The independent directors on Cricket South Africa’s board have not always furthered the best interests of the game in this country, but hopefully this time it will be different as nominations for those positions close on Friday.

The Interim Board currently in place is trying its utmost to ensure that the governance scandals that have rocked Cricket South Africa in recent years never happen again and those efforts centre around the independent directors. The Memorandum of Incorporation they are developing for CSA has two non-negotiable aspects that will empower those independent directors, according to one of the Interim Board members.

Firstly, the new board that will come into place in mid-April will comprise a majority of independent directors and, secondly, the chairman of the board must be an independent director as well. There will now be a clear split between the board and the Members Council, which comprises the provincial presidents.

The Members Council will elect a president who may sit on the board, but they will not be the chairman.

While the Interim Board are looking for “people of integrity and substance who are also cricket people”, the quality of the new independent directors will only be as good as the nominations received. Which is why the current board are anxiously awaiting Friday and hoping their advert on CSA’s website [https://cricket.co.za/item/336/Careers] draws some standout applicants.

What is also crucial is the quality of the nominations committee that will sift through the candidates and this has apparently been another area in which the Interim Board are ensuring they get the right people.

While acting CEO Pholetsi Moseki is doing a good job, the new board will also have to find a permanent CEO who can drive CSA’s renaissance as well as having standing at International Cricket Council level. The independent directors will drive that process.