Ken Borland

It is not known whether Cricket South Africa’s Members Council mourned their earlier delaying tactics and scheming, but on Tuesday, as their deadline to accept the governance changes proposed by the Interim Board passed, they requested another extension from Sports Minister Nathi Mtethwa.

Mthethwa had given the Members Council until 5pm on Tuesday to show cause why he should not take action against CSA following their failure at the weekend to accept a majority independent board and an independent chairperson. From an interview the sports minister gave to a radio station on Tuesday night, it seems the Members Council did respond on Tuesday evening.

It is believed Mthethwa will decide on appropriate action overnight.

But having dragged out negotiations for so long, and then finally tried to negotiate at the last hour, it would be understandable if the Minister were to give them short shrift.

A Members Council statement issued earlier on Tuesday is likely to form the basis of their last-ditch appeal to Mthethwa. In the statement, they said they did not have enough time to study and react to the final draft of the Memorandum of Incorporation. They said the Interim Board only gave them the draft less than a day before the Special General Meeting.

The Members Council were not happy that the issue of Sascoc not allowing the CSA constitution to be amended without their approval has not yet been resolved and that the MoI makes provision for just four non-independent directors and not the five that had allegedly been agreed upon earlier. Some provincial presidents are also not willing to accept an independent chairperson of the board and the Interim Board also being the nominations committee for the independent directors.

But Gauteng and North-West issued a statement on Tuesday distancing themselves from the rest of the Members Council and supporting a majority independent board and an independent chairperson. Their stance is believed to be supported by at least three other provinces and Northerns also look likely to accept the amendments to the constitution.

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%.

Minister of Sports, Arts and Culture Nathi Mthethwa cleared the air at his meeting with the Cricket South Africa Interim Board and Members Council on Tuesday night and left no-one in any doubt that he supports a majority independent board and an independent chairperson of the board, encouraging the Members Council to remember the mandate and role he gave to the Interim Board last year to restructure the governance of the sport.

The Members Council has been fighting against a majority of seats on the board going to independent directors, obviously because that would cut down on the number of seats available to them, and they refused to adopt a proposed new Memorandum of Incorporation for the new board drawn up by the Interim Board two weeks ago.

With the impasse rapidly developing into all-out war between the two parties, Mthethwa’s joint sitting with them was overdue and he apparently made it clear that the independence of the new board is a vital principle.

The Members Council have now been given until April 6 by Mthethwa to reconsider their position. They will need to meet again with the Interim Board to find common ground and hopefully this time there will be no buccaneer statements from either side.

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.