Ken Borland

While a majority independent board and an independent chair have been the most well-publicised aspects of the new Cricket South Africa constitution eventually agreed to by the Members Council, the process by which independent directors are appointed is another vital pillar of the new MoI … and it is now raising concerns among stakeholders in the game.

The MoI puts into place a Nominations Committee which will be a six-person panel comprising either a men’s or women’s former international player nominated by SACA, alongside a former CSA president nominated by the Interim Board, a Members Council representative and people from the Institute of Chartered Accountants, Institute of Directors and the Legal Practice Council.

The only problem with the Nominations Committee is that their word is final and the non-independent directors, or anyone else, are not allowed to object to the names they come up with.

The dangers of that clause are brought into focus by the first board that will serve under the new MoI. Because the Nominations Committee will only exist after the new constitution is formally adopted on Wednesday, they will be picking from a list that the Interim Board have seemingly put together from the applicants who put themselves forward before the cut-off date for applications, which was in February.

It is hardly an independent process because nobody knows who applies and who handled the applications, apart from the Interim Board.

Given the schisms in South African cricket that are obviously still present even though they will ‘officially’ be signed away on Wednesday, there is still an atmosphere of fear and uncertainty out there, and that has led to all manner of speculation and rumour about who CSA’s new directors will be.

The return of Norman Arendse, president of CSA from 2007 to 2008 and a controversial figure because of his continued interference in the selection of the national team, has been mooted, while some administrators have warned of a new wave of cadre deployment as they fear Minister of Sport Nathi Mthethwa wants to drive the ANC agenda in cricket.

Other administrators have called for the institution of an independent administrative office to handle applications for independent director posts, which would then pass them on to the Nominations Committee, with independent auditors exercising oversight through the whole process.

The process of appointing independent directors has the potential to be the new battleground of South African cricket.

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 are fighting lots of legal battles at the moment, but possibly the most damaging to their reputation has just been made public as former England captain Karen Smithies has served the embattled organisation legal papers alleging discrimination during last year’s interview process for the position of Proteas Women’s team manager.

Smithies, who led England to the World Cup title in 1993, has been a highly-respected administrator and manager of the Titans team for the last 20 years and played a key role in the growth of the women’s game in this country in the early 2000s.

But Smithies has now made the shock claim that CSA rejected her application to be Proteas Women’s manager due to her being “bisexual or lesbian”, according to the organisation’s disgraced former head of HR, Chantal Moon. And Smithies has the recordings to prove it.

For an organisation that is trumpeting diversity as a core value and riding the wave of the tremendous recent success of the national women’s team, the revelations are deeply embarrassing and disturbing.

The online interview was held on June 9 last year via Teams before a panel comprising Moon, who has subsequently been dismissed as she was not properly qualified for her job, director of cricket Graeme Smith, head of player pathways Eddie Khoza and high performance manager Vincent Barnes.

Smith left the meeting after the interview, but the other three then discussed Smithies without realising that their conversation was still being recorded.

The legal papers allege that Moon pointed out that Smithies is “bisexual or lesbian”, to which Khoza responded that she “is in a life partnership with a previous South African women’s captain”. Moon then said there was a risk that Smithies would get “involved in some darling-darling relationship with one of the players”.

Barnes pointed out that it would not be right to appoint a “White Pommie instead of a Black African Male [current manager Sedibu Mohlaba].

The comments are an obvious case of discrimination against Smithies personally because national women’s captain Dane van Niekerk is married to team-mate Marizanne Kapp and there are other relationships within the squad. Coach Hilton Moreeng is a man but nobody has ever raised any concerns about him having a relationship with one of the players.

Smithies told The Citizen on Saturday that the initial hurt of the comments has been exacerbated by CSA’s steadfast refusal to respond to any of her complaints, forcing her to go the legal route.

“I felt so hurt and very disappointed that my career and achievements all came down to that one thing [her sexuality]. These are people I know well and I just wanted an apology and an acknowledgement that what happened was wrong. I’ve tried everything possible to avoid going to court, sent so many letters, but CSA have not had the decency to reply to one of them,” Smithies said.

The improvement in Sharks rugby has been most apparent on the field as they led SuperRugby before Covid struck and then reached the final of the Currie Cup, only losing in extra time to the Bulls, but those gains are also dependent on the excellent work done behind the scenes by the administrators.

This may be Sean Everitt’s first major coaching gig but he has a wise rugby head and his player management is superb; the team culture he has helped develop at Kings Park has been phenomenal. The Sharks also have an outstanding CEO of vision in Eduard Coetzee and recently-ascended president Brian van Zyl is a seasoned administrator who built much of the union’s success in the professional era during his time as chief executive.

And the reward for all that good administration has been the confidence expressed in the union by new equity partners MVM Holdings, a consortium with deep pockets, once they had been snubbed by Western Province. That investment will certainly allow the Sharks to bolster their playing resources, and they have done so immediately by signing Springbok captain Siya Kolisi.

But the Sharks are well aware that bagloads of money and buying the best players does not necessarily guarantee success; they know that the entire organisation needs a shared vision that they are all working towards.

That new equity investment means there is suddenly budget for some extra things and I was one of the journalists fortunate enough to be flown down to Durban by the Sharks this week to see Kolisi being officially unveiled as a Sharks player.

And seeing first-hand what is going on at Kings Park, it is obvious that something special is happening and these are very exciting times for the Sharks.

Kolisi spoke about how the whole culture and vibe of the Sharks caught his attention a while back and how obvious it was to him that Durban should be his new home once he had decided to end his 11-year stay in Cape Town.

Following his media duties, Kolisi was part of an induction session with all the wide-eyed new intake of academy players at which Coetzee explained the core values of the Sharks. The motto “We are an inclusive culture underpinned by diversity” featured strongly and the spirit of the Sharks team shows they are living the tenets of that ideal.

The inclusion of all cultures is an obvious part of the team dynamic and Kolisi was part of a ceremony based on the tradition of placing your own stone on a cairn of rocks whenever you should pass by one.

Called Isivivane, it signifies the commitment to contribute your best to the new, shared journey you are embarking on.

Kolisi knows all about commitment – having proposed to his wife Rachel on a helicopter flying over Constantia, they have since built a family that has taken in Siya’s two young half-siblings, who were in foster care.

The Sharks environment is also one of caring, with Coetzee taking pride in how well he treats all his players and staff, although there is a constant focus on meeting the standards required of a top rugby franchise.

Everitt himself popped in even though he is technically still on holiday, and was in good cheer despite the recent trauma of the Currie Cup final.

He will not be putting Kolisi under any extra pressure after the fraught 2020 he had with injuries, Covid and the administrative problems in Western Province rugby. The 29-year-old will be given the time and space to get fully fit and ready in body and mind to produce his best on the field. The captaincy will stay with Lukhanyo Am, whose leadership has been a great positive, but there is no doubt Kolisi will be an inspirational presence.

 From the office of the CEO down to the junior staff, there is just a good energy at Kings Park these days. These are exciting times indeed for Sharks rugby.