Ken Borland

It took the most gruelling of meetings, but after 11 hours of intense wrangling, the Cricket South Africa Members Council on Sunday night finally agreed to the new constitution proposed by the Interim Board, marking the end of the crisis in cricket that would have led to Minister of Sport Nathi Mthethwa withdrawing their recognition at the end of the week.

The Members Council met on Saturday afternoon and then went into a meeting with the Interim Board from 10am on Sunday. The initial attitude of the Members Council seemed to be that CSA should “defend” their autonomy against the Minister’s looming action, especially since Sascoc issued a strong rejection of having a majority independent board in a statement on Saturday.

But with the threat of irreparable harm being done to the game if they were suspended by the minister, agreement was eventually reached on all the outstanding issues that prevented the Members Council from approving the MoI last weekend.

Sascoc, who have warned CSA that they could have their membership of the mother body suspended if they agree to an majority independent board and an independent chair, will obviously still be an obstacle, but it is believed Mthethwa will be handling that side of the conflict.

CSA issued a communique half-an-hour before midnight on Sunday night, the headline of which included the gorgeous words “Joint Statement” indicating agreement had finally been reached and a catastrophe averted. In terms of Section 60 of the Companies Act, an expedited process has now been triggered which will see the MoI being adopted in the next 48 hours.

“By reaching this agreement, cricket in South Africa has adopted a governance mode which is best practice both in South Africa and internationally,” the statement said. Both Members Council president Rihan Richards and Interim Board chair Dr Stavros Nicolaou were then quoted expressing their delight at the cessation of hostilities.

Cricket South Africa have been de-recognised by Minister of Sport Nathi Mthethwa in a move that will have serious consequences for the sport in this country.

The failure of the Members Council to accept a new constitution that would institute a majority independent board and an independent chair has led Mthethwa to take drastic action. He and the Interim Board he put in place at CSA have been negotiating with the Members Council since the end of January to try and get the new MoI approved.

The Members Council have called a meeting for Saturday afternoon and there have been suggestions that, far from finally caving in, they will look to take legal action against the Minister to try and prevent him from invoking his powers as laid out in the Sports Act. But the fact that they have to get approval from the Interim Board in order to launch any legal action suggests that route is also denied to them.

Losing the recognition of government will have major effects on CSA, both financially and in terms of the Proteas men’s and women’s teams.

It is believed many of their sponsorship deals will have clauses in their contracts making them dependent on CSA being the recognised body running cricket in this country. In these economically constrained times of Covid, sponsors looking for an excuse to pull out now have a watertight reason. It is also believed that four potential sponsors that were lined up to come on board later this year have now withdrawn their interest.

The International Cricket Council have been kept up to date on developments in the crisis by Mthethwa and they have been happy to take a back seat because the Sports Minister’s involvement is seen as being a bid to improve the governance of the sport.

But Mthethwa’s de-recognition of CSA now means they are not allowed to use the Proteas emblem or the national flag. Any teams they choose will not represent the country and, in fact, government could deny the teams the right to leave the country or block overseas sides from entering.

Rebel touring teams have been a controversial part of South Africa’s cricket history, and now the national side itself could be considered a rebel team.

It is at this stage that the ICC will have to take action because technically any match involving the ‘Proteas’ would be a friendly, unofficial contest. That would seriously detract from the international game.

The other major blow that will strike CSA will be the cancellation of broadcast deals. The amounts being paid for broadcast rights have been decreasing recently, mirroring a lessening of interest in the product, and the current broadcast deals will be premised on the actual Proteas playing proper international cricket.

No broadcaster will be willing to part with their millions of dollars to show what will amount to friendlies because no cricket involving or played in South Africa will have official standing.

The provincial presidents on the Members Council who are in favour of the proposed changes to the governance of Cricket South Africa seem to be taking responsibility for solving the impasse with the Interim Board and Minister of Sport Nathi Mthethwa as six of the unions have now issued statements supporting a majority independent board and an independent chairperson.

It may still be a case of too little, too late though as Mthethwa mulls what action to take under Section 13 (5) of the Sports Act against CSA for missing their deadline to approve a new constitution ahead of an AGM.

On Wednesday, the Northerns and Mpumalanga cricket unions issued statements supporting the stance of Central Gauteng, North-West, Easterns and Free State that there should be a majority independent board and independent chairperson.

The two Highveld unions also called for all stakeholders to take part in a national indaba, steered by an independent mediator, to resolve the impasse as quickly as possible.

But in his letter to the Members Council on Tuesday night telling them he would be taking action against them according to the provisions of the Sports Act, Mthethwa said “your proposal to convene a multi-party stakeholder conference to deal with a matter that you have been seized with for a number of months, does not make sense to me.”

Because Mthethwa has the authority to no longer recognise CSA, it would mean South Africa could go back to the days of isolation and not have an official national team.

As the sports minister told a radio station on Tuesday night, if things continue the way they are, the world will have to be told there is no cricket in South Africa.

Cricket South Africa sadly faces suspension by the Minister of Sport after Nathi Mthethwa rejected the Members Council’s plea for a seven-day extension to sort out their impasse with the Interim Board over the introduction of a majority independent board and independent chairperson.

Having given the Members Council until 5pm on Tuesday to show cause as to why he should not take action against them following their weekend failure to approve the Interim Board’s governance proposals, Mthethwa informed the provincial presidents on Tuesday night that he considered their response “to fall short of addressing the subject of showing cause why I should not apply the provisions of Section 13 (5) of the Sports Act based on your failure to implement a critical aspect of the mandate I gave the Interim Board”, according to a letter which The Citizen has seen.

The Sports Act allows for Mthethwa to withdraw government recognition of CSA, which would prevent them from participating in international cricket, thus surely leading to their suspension from the International Cricket Council and dooming the local game to amateur status.

There is clearly a massive gorge in opinion between what most observers believe are the minister’s powers and what the Members Council are banking on, because Mthethwa mentions “a lack of alignment with my interpretation of the powers provided to me by the Sports Act”.

Mthethwa points out that in his meeting with the Members Council and the Interim Board 10 days ago, there was agreement on the desirability of a majority independent board. He also mentions a letter the Members Council sent to the Interim Board saying the only remaining item for discussion was the definition of non-independent directors.

“Your proposal to convene a multi-party stakeholder conference to deal with a matter that you have been seized with for a number of months does not make sense to me. … I do not understand what would be achieved by a further seven-day extension when you were part of a conference that announced a roadmap that targeted April 17 as a completion date,” Mthethwa said.

The gorgeous irony is that several provinces are now rallying behind the lead of Gauteng and North-West, who called on the Members Council to approve the new constitution. But it is too little, too late.