Ken Borland

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.

Minister of Sports, Arts and Culture Nathi Mthethwa cleared the air at his meeting with the Cricket South Africa Interim Board and Members Council on Tuesday night and left no-one in any doubt that he supports a majority independent board and an independent chairperson of the board, encouraging the Members Council to remember the mandate and role he gave to the Interim Board last year to restructure the governance of the sport.

The Members Council has been fighting against a majority of seats on the board going to independent directors, obviously because that would cut down on the number of seats available to them, and they refused to adopt a proposed new Memorandum of Incorporation for the new board drawn up by the Interim Board two weeks ago.

With the impasse rapidly developing into all-out war between the two parties, Mthethwa’s joint sitting with them was overdue and he apparently made it clear that the independence of the new board is a vital principle.

The Members Council have now been given until April 6 by Mthethwa to reconsider their position. They will need to meet again with the Interim Board to find common ground and hopefully this time there will be no buccaneer statements from either side.

Cricket South Africa’s Interim Board have been attacking the problem of the Members Council’s intransigence with Dobermann-like tenacity over the last week and there are hopes that next week will bring a reconvened meeting of the provincial presidents and a revote that sees the new Memorandum of Incorporation for the permanent board passed.

Last weekend the Members Council rejected the proposed MoI that would have implemented the recommendations of the Nicholson Commission, specifically having a board made up of a majority of independent directors, chaired by one of the independent directors.

The Interim Board has spent this week engaging with the provincial boards and have discovered that the 8-6 vote against an independent board may not have been an accurate reflection of the actual wishes of the delegates. In their discussions it has also emerged that there were misunderstandings over the definition of an ‘independent’ director, in some cases because of misinformation from the provincial president sitting on the Members Council.

“The Interim Board has engaged with the affiliate unions and they have found an open mind. It seems there has been some misinformation and they did not understand how a majority independent board would work, with more specific focus on getting cricket people involved. There are thousands of cricket-lovers in this country who could be eligible as an independent director.

“It seems some Members Council delegates who are not keen on the change did not motivate the proposals correctly to their own provincial boards. Some false notions were peddled, maybe to try and ensure more seats for the non-independents. It also seems that the vote against the MoI may not have been properly recorded because some provinces actually voted yes but wanted more detail,” a source with intimate knowledge of the discussions told Saturday Citizen on Friday.

One of the arguments put forward against the new MoI is Sascoc policy that states members are to have boards comprising a majority of non-independent directors. But it is believed the Interim Board are willing to face down Sascoc as well if they do not allow the composition of CSA’s board to change.

South African cricket has lost its position of influence in the global game according to both the Cricket South Africa (CSA) Interim Board and the minister of sport, which is part of the reason they have been treated with such disdain by Cricket Australia (CA).

CSA have lodged an official complaint against CA with the International Cricket Council (ICC) over Australia’s failure to honour their commitment to a Test tour that was meant to start on February 24, ostensibly due to fears over Covid-19. But South African cricket, now represented by the acting president of the Members Council, Rihan Richards, have reportedly lost their voice in the ICC hallways of power so it would be no surprise if their calls for compensation fall on deaf ears.

“South Africa have always enjoyed a position of prominence in international cricket, but of late it seems their standing is the opposite of that,” sports minister Nathi Mthethwa said in his opening comments during a virtual report-back session with the Interim Board on Friday.

“CSA has lost its place of prestige in the ICC, which is no surprise because there has been so much internal struggle in South African cricket and therefore a lack of focus on affairs at the ICC. That has allowed an imbalance in world cricket and we have a long way to restore our reputation.

“CA has been referred by us, but there are hints that The Big Three might reform themselves. CSA needs to get their house in order in order to return to a position of influence,” Interim Board member Haroon Lorgat, a former CEO of the ICC, added.

Dr Stavros Nicolaou, the chairman of the Interim Board, said the likely complete cancellation of the Australian tour showed CSA needed to work on establishing stronger relationships with countries like India.

“I’m not sure we’re going to be able to postpone the Australian tour to a suitable date even though we consulted widely with their medical team and their medical experts. The balance of power in international cricket has been brought into question. We need to strengthen our strategic position and we ned to tap into our other relationships with India, for example through BRICS.

“There was extensive consultation with CA and we made significant upgrades to our biosecure bubble, acceded to all of their demands. Then at the beginning of the month they advised us the tour would not proceed which was extremely disappointing. They said we had hit the peak of our second wave and our strain was more virulent, but on the day they notified us, we had a 75% reduction in cases and our strain is not more virulent but more contagious,” Nicolaou said.

Mthethwa also said he has full confidence in the Interim Board and their ability to deliver the AGM in the next couple of months.

“The Interim Board has not disappointed us, their initial appointment was for three months from October but we made provision to extend that and we are satisfied with the work they have done. The Interim Board understands the importance of transformation and they are not compromising on that. Some delays in their work have not been in their control, such as disciplinary processes.

“But I have full confidence in the Interim Board, they have been reporting to me and I am confident that the stance they have taken in disciplinary matters is according to the book, I have no fears about that. It is concerning though that there are these distractions that are trying to take our eyes off the ball. But I am glad that the Interim Board is consistently focused on the task at hand,” Mthethwa said.

Nicolaou committed the Interim Board to completing their work in the next two months.

“The implementation of the Nicholson recommendations are our most important task, to modernise, strengthen and enhance CSA’s governance. Professor Michael Katz, the foremost expert on that, has been given the mandate for that and has shared an amended MoI with us. That needs to be agreed to by the Members Council at a special general meeting which we envisage happening in the first two weeks of March.

“That will provide the platform for us to go to the AGM, which we anticipate happening between April 10-17, when a new permanent board, and an appropriate gap between them and the Members Council, and a new era for cricket will be inaugurated. But we have no control over the timing of disciplinary processes, they are both objective and independent, and postponements and delays are not unexpected,” Nicolaou said.