Ken Borland

A new year brings new challenges for the Interim Board of Cricket South Africa with arrangements for the Australian Test tour needing to be made and a new structure for the organisation now being considered by the directors.

Judge Zak Yacoob, the chairman of the Interim Board, said on Thursday that he was confident the incoming tour by Australia would take place, although he did let slip that it is now expected to take place only in April.

“The Australia tour will go ahead at this stage. A week ago I had a chat with the head of Cricket Australia and we agreed that we would make sure the facilities are as good as necessary. Not that we did anything wrong when England were here because none of their players were affected by Covid. But our learnings on this virus changes all the time, it is unpredictable.

“But we both have doctors and other experts who will lead us through and if they say our facilities are fine then I have no doubt that the tour will go ahead, unless things take a real turn for the worse. But cricket fans must know that if they comply with all the precautions then they are not only doing it for themselves but doing it in the interests of cricket. I know we are looking at April,” Yacoob said.

The Interim Board’s term of office expires on February 15 and Yacoob said their focus in the next three weeks would be on formulating a new structure for the board.

“Our most important consideration now is how to change the structure of CSA to ensure it works better, and that is an independent process because we have no intention of being on any future CSA board. The main objective is to ensure that the Memorandum of Incorporation (MoI) and the Board Charter are changed in accordance with the Nicholson recommendations i.e. the need for an independent board.

“We are trying to work through what the power of the Members Council should be and the one conclusion is that we cannot have two centres of power. We have decided it would be preferable for the Board to be in control of day-to-day operational matters. If the directors are independent then they will have no personal interest in the decisions taken,” Yacoob said.

While one former director – Omphile Ramela, the previous president of the players’ union – has launched court action to overturn his removal from the Board, another – former Easterns president Xolani Vonya – has been reinstated as a director.

The move seems part of a more conciliatory tone towards the Members Council.

“Mr Vonya is back, because the Board decided that may be better. Some of the reasons for his removal were not fully justified, Easterns did not fully justify their very serious allegations against him. On balance, we had a rethink and decided to be more generous towards him.

“We have not yet really engaged the Members Council on the new MoI and I suspect there will be a difference of opinion, which is justifiable. An independent Board does reduce the power of the Members Council but I am certain they will operate in good faith. There will be genuine and bona fide debate over how independent the Board should be.

“One can get carried away and get people who know nothing about the game and you obviously need to avoid that. The Members Council have to appoint us again and if they don’t approve us again then off we go on February 15 unless the Minister of Sport does something. We would have to tell the Minister that we have not finished our work, but I personally would not implore him to intervene, he must make an objective decision,” Yacoob said.

Omphile Ramela, the former president of the players’ union who was last month removed as a director of the Cricket South Africa Interim Board, has lodged an application in the High Court challenging his removal based on the alleged rude conduct of the board and an accusation that they have erred in terms of procedure.

The board resolved on December 15 to remove Ramela for being “derelict in performing his functions as a director” and engaging in “destructive practices”, related to his alleged refusal to accept majority decisions and subsequent leaks of board discussions to the media. Ramela was given the opportunity to put his case before the board, but failed to attend the meeting.

Ramela then announced on Tuesday evening on social media that he will challenge his dismissal in court.

“I have lodged an application against CSA with the High Court. While the application deals with my removal, the premise of this application speaks to the conduct of this board as far [sic] the principle of law and order is concerned. … Given that my concerns speak to the principle of its conduct in matters of law and procedure, the court is the best place that can ventilate this matter and see it to its logical conclusion.

“The directors of this board serve in leadership structures of society. If its conduct is questionable in law and procedure then we as a country and the game of cricket have a much bigger problem. My major concern is the game. I could have easily walked away from this, but I think I’ve got a responsibility as someone who’s been in the game to stand for the truth,” Ramela posted on Twitter.

Ramela went on to say that he will demonstrate at the High Court that the CSA interim board have not acted with the interests of the game at heart, especially in terms of transformation.

“The decisions I’m contesting speaks to the motive of this conduct. This board has not done anything to advance the game and enhance transformation on and off the field of play. Instead it has done the total opposite to a point of regressing any transformation gains and governance. This then begs the question, whose interest are they serving?

“Hopefully this court process will help pierce that veil and reveal the source of our problems in cricket. The game has served me as a player and it has created opportunities for me. So if there is a case I can make that the interests of the game are not being protected at the moment I will put that out there. I believe that this application to the High Court will demonstrate that,” Ramela said.

The interim board issued a statement on Wednesday saying Ramela’s application is without substance and they will oppose it in court.

The previously suspended Omphile Ramela was officially removed as a director of the interim board of Cricket South Africa on Tuesday, the organisation announced in a statement.

Ramela is the previous president of the South African Cricketers Association and was one of the players association’s nominees for the board.

Judge Zak Yacoob, the chairman of the interim board, said last week that the rest of the directors had resolved to have Ramela removed from the board due to him being “generally obstructive in board matters”.

“He refuses to accept the majority decision if he does not feel it’s right and feels he needs to continue to fight. He does not have the discipline to accept a majority decision and is virtually impossible to deal with,” Yacoob said of Ramela last week. The former Cape Cobras and Highveld Lions batsman has apparently taken up the cudgels on behalf of suspended Company Secretary Welsh Gwaza, which is a very surprising turn of events in itself because Gwaza, along with former CEO Thabang Moroe spearheaded CSA’s efforts to sideline the players association, targeting Ramela personally in the process.

Ramela was notified of Tuesday’s meeting last week and given the opportunity to be present, with an attorney, to respond to the allegations against him.

But the 32-year-old did not respond to his notice, or to follow-up e-mails and WhatsApps, according to the interim board’s statement.

So the five remaining directors who were present – Haroon Lorgat is in Dubai and Stavros Nicolaou was also unable to attend – voted on the resolution to remove Ramela. Andre Odendaal abstained, but the other four directors voted in favour of the resolution.

“We are disappointed by what has transpired but we respect the fact that the board must do its work, they have a job to do. We will not engage the interim board unless they formally engage with us, which they have done on other issues, because we believe in their independence,” Andrew Breetzke, the CEO of SACA, told The Citizen.

Cricket South Africa’s Members Council announced on Thursday that they have declined to accept the interim board they themselves were part of compiling, sending them on a collision course with Minister of Sport Nathi Mthethwa.

The Members Council said in their statement that they will no longer recognise the interim board due to material differences between the two bodies in relation to conflicts of interest, lines of responsibility and accountability, and a breakdown in the relationship between the provincial presidents and the nine would-be directors that were agreed to during the negotiation process between CSA, the Minister of Sport, Sascoc and the South African Cricketers’ Association.

“The Members Council is not prepared to appoint the members of the proposed interim board to be directors of CSA in terms of the MOI. However, the Members Council will continue to work with the Minister, the Department of Sport, Arts and Culture, and Sascoc on a collaborative basis to address and correct the ills of the past. The basis for the relationship between the parties is clearly prescribed by the law and requires mutual respect by all parties in complying with their obligations,” acting CSA president Rihan Richards said.

By threatening the Minister with legal proceedings, CSA could open themselves up to terrible consequences, including Mthethwa withdrawing their right to represent the country, thereby scuppering the England tour later this month, as well as the upcoming Tests against Sri Lanka, Pakistan and Australia. The financial damage to CSA would be devastating.

Unsurprisingly, CSA’s latest act of defiance has not gone down terribly well with the interim board.

Judge Zak Yacoob, the chairman of the interim board, issued a statement saying the “current situation was untenable” and that they were “determined to continue our work in the public interest and in the best interests of cricket in South Africa”.

“We are thus dismayed to be in receipt of what we can only describe as an obstructionist, legalistic letter from the Members’ Council while we have tried to put structures in place and hold individuals within CSA to account. We are of the view that the conduct of the Members’ Council is an attempt to stymie the work of our Board.

“The Board has been hard at work for the past two weeks since being mandated by the Minister to restore the credibility of CSA. It accepted this mandate publicly and with due care. The failures of corporate governance within Cricket SA are well-known and the cricket-loving public has watched Cricket SA lurch from crisis to crisis,” Yacoob said.