Ken Borland

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.

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.

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.

Following the resignation of the rest of the Cricket South Africa Board on Monday morning, the Members Council will now focus their efforts on setting up an interim board comprised of fit individuals to steer the federation to their AGM on December 5 and also formulate a new Memorandum of Incorporation for the election of directors.

The three remaining independent directors and the last non-independent director, Free State president Zola Thamae, all stood down on Monday morning, following the weekend resignations of five of the non-independent directors on the Board.

With no Board now in place, the 14-strong Members Council is currently in charge of CSA and their first order of business is to set up an interim board, none of whom will be directors from the last four years and none of whom will be eligible for the new permanent Board once it is in place.

The Members Council will present their plans to sports minister Nathi Mthethwa later on Monday, ahead of their scheduled meeting with him on Tuesday, and they will also consult with Sascoc over the composition of the interim board.

While ensuring independent directors are a majority on the board is one of the major recommendations of the Nicholson Commission, a big focus of the Members Council will be in ensuring these independents are fit to serve cricket, because they have been disappointed with the level of contribution made by the independent directors in recent years.

“Everyone on the Board has now gone and we will now move forward with our interim board plan. We want to send the Minister a response before our meeting on Tuesday. We’ve opened communication with Sascoc, but we need to nominate people who will add value to cricket, we need to guard against people coming in who are not going to help CSA.

“We want to get that interim board as clean as possible and you can’t serve on that body and then be a Board member afterwards because that would be a conflict of interest and we don’t want people to be persuaded into doing things that are not for the benefit of the game. Knowledge of cricket is going to be key and the biggest question facing us is whether we want totally independent figures or cricket people,” a provincial president who sits on the Members Council told The Citizen on Monday.

The administrator confirmed that they were trying to convince a recently retired Protea of high standing to swop his whites for a tie and sit on that interim board.

Much of the blame for CSA’s mess can be laid on the shoulders of previous independent directors, on whom the Board depends for expert corporate governance advice, who did not ensure those running the organisation stayed on the straight and narrow.