Ken Borland

Cricket South Africa’s Members Council and Sascoc are likely to discover on Monday what punishment sports minister Nathi Mthethwa is going to hit them with after the stunt they pulled at the weekend’s Special General Meeting of the cricket body, leading to the new Memorandum of Incorporation designed to improve governance not being passed.

In a clearly orchestrated move, Sascoc president Barry Hendricks was parachuted into the SGM, having earlier turned down an invitation to just be an observer, and then delivered a prepared address that basically warned the Members Council that Sascoc would cancel their membership if they went ahead with the amendments to their constitution.

Hendricks had explicitly been warned by Mthethwa, in a letter last week, to not interfere with the process, and now he and Members Council acting president Rihan Richards have been called to a meeting with the minister on Monday.

“You cannot believe how annoyed the Minister is,” sources close to Mthethwa told The Citizen on Sunday.

A statement released by the Department of Sports, Arts and Culture on Sunday said the minister was disappointed the Members Council had acted “in bad faith” and he has been left with “no further option but to exercise his rights in terms of Section 13 (5) of the Sports Act” and he “will be taking the necessary steps required to exercise his rights in terms of the law”.

It is likely that he will tell CSA that they are no longer recognised by the Department of Sport, which would lead to them being unable to play any international cricket.

The Interim Board, having failed to win over the recalcitrant Members Council, now only remains in name and will prepare their final report for Mthethwa, their term of office having ended with the SGM at the weekend. It is believed several directors have decided to take no further part in cricket’s affairs.

Cricket South Africa, already in troubled financial waters before the Members Council/Interim Board impasse, will now be in dire straights because leading sponsors and broadcasters are already believed to be preparing to jump ship. One official with knowledge of CSA’s financial situation said a ban on the Proteas would probably mean the organisation would be bankrupt and unable to run the game before the start of next season.

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.

In what the Ministry of Sports, Arts and Culture has described as “an extraordinary demonstration of patience”, Minister Nathi Mthethwa on Tuesday agreed to give the warring factions in Cricket South Africa another week in which to sort out their differences and adopt a new Memorandum of Incorporation for the new Board that is meant to be installed after the AGM on April 17.

The Interim Board have proposed a new MoI which seeks to rectify the poor governance in cricket by having a board with a majority of independent directors, as well as an independent chair. But the Members Council, made up of the provincial presidents, has refused to accept this and the impasse has grown uglier by the day.

Mthethwa, who put the Interim Board in place in October last year, met with the two parties on Tuesday night and his department then issued a follow-up statement on Wednesday morning that would have left no-one in doubt as to who the sports minister is backing.

The statement said: “In an extraordinary demonstration of patience, Minister Mthethwa said, ‘it is important not to allow boardroom disputes to trump player welfare. I am being dared to take executive action. In my opinion, it is clear that the court of public opinion shows no appetite for any unnecessary delays and own-goals, especially at a time when sponsors have demonstrated unbelievable loyalty and patience.

“Despite clarification on some misinterpretations and being provided with cricket best practice elsewhere in the world, the Members Council still clung to the 2013 CSA stance of ‘cricket needing to be run by cricket people’. Amongst the points of clarification were the fact that ‘independent’ does not necessarily translate to ‘cricket illiteracy’.”

In an environment that currently features as much intrigue as in a Sydney Sheldon novel, the Members Council are still deeply suspicious of having a majority of independent directors, but it was pointed out to them that a majority could mean as little as 51%.

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.