Ken Borland

Sports Minister Nathi Mthethwa has already accepted that there is no way Cricket South Africa will be able to hold their AGM on December 5, but that does not mean the new interim board of directors he announced on Friday are there for a holiday.

Mthethwa tasked the interim board with completing their mandate within three months, although he did leave the door open for their term of office to be extended.

“The interim board need to hit the ground running and deal with the current governance and structural issues. They should aim to implement the Nicholson Commission recommendations, consider the Fundudzi Forensic Report and take the recommended action or whatever action they deem to be appropriate, review all board decisions made since 2019 and restore the integrity and reputation of CSA.

“They have three months to do this, but that may be extended based on their progress. We hope they will deliver because this group knows exactly what it has to do and the Members Council still has an obligation to ensure their work is moving well. But there is no way December 5 can remain as the date for their AGM, which could have been avoided if certain people had listened earlier,” Mthethwa said on Friday.

The new interim board of directors is chaired by Judge Zak Yacoob, a former justice of the Constitutional Court, and includes other ‘independent’ figures in Caroline Mampuru, the deputy head of the Special Investigative Unit, Stavros Nicolaou, a senior executive for a major pharmaceutical company, and Andile Dawn Mbatha, the chief financial officer of the Independent Electoral Commission.

But a trio of passionate cricket-lovers who have gone to town in recent times in their criticism of the organisation and the recently-resigned board have also found accommodation on the interim board.

The most astonishing appointment is that of Haroon Lorgat, who has been at the forefront of CSA’s critics and was the federation’s chief executive as recently as September 2017, before being deposed by the power bloc that included Thabang Moroe, whose tenure and subsequent suspension and firing have been central to CSA’s governance crisis. But Lorgat is an internationally-respected administrator who is a former CEO of the International Cricket Council and CSA was a stable organisation during his watch.

Omphile Ramela, the president of the South African Cricketers Association, has also been a strident critic of CSA on behalf of the players, while Judith February is a lawyer and governance expert for the Nelson Mandela Foundation and the Institute for Security Studies, as well as a respected columnist who has also expressed her dismay over the administration of a sport she is clearly passionate about.

Andre Odendaal, the former CEO of the Western Province Cricket Association and the Cape Cobras, is another appointee, who has had a long history in the game as a first-class player, administrator and historian.

There is also a member of the old guard on the interim board in Xolani Vonya, the recently-resigned Easterns president who has been a strong supporter of both Moroe and company secretary Welsh Gwaza, who has been seen as a stumbling block to change at the organisation.

Vonya has been a controversial figure because the Easterns union have been wanting to get rid of him for many months, including holding a vote of no confidence against him, but Moroe and Gwaza gave him legal support to fight his removal.

The South African Cricketers’ Association – the players’ union – on Wednesday entreated the Cricket South Africa Board to stand down following sports minister Nathi Mthethwa’s threat to intervene in the affairs of the embattled federation due to the impasse between government and CSA.

SACA chief executive Andrew Breetzke said in a statement that the only way to end the impasse between CSA and Sascoc and the sports minister was for the Board to resign and be replaced by an interim board. He said the alternative was the International Cricket Council suspending South Africa’s membership, causing enormous disappointment and hardship for the players and the sport itself.

“SACA believes that an interim board of directors must be established to stabilise the organisation. This interim board should include a SACA player’s representative as well as a representative from the remaining stakeholders in the game (sponsors and broadcasters). Furthermore, the interim board should appoint an experienced administrator to assist in the operational work that is required at CSA, ensuring a link between the interim board and operational staff.
“Cricket is in an existential crisis, and the intervention of government will result in the ICC reviewing CSA’s position as an ICC Member, and will furthermore jeopardise the England tour scheduled for next month. Players will suffer, development will suffer and the future of the game will be prejudiced. However, as has been recognised by Department of Sports, Arts & Culture and Sascoc, the current board has no credibility to resolve the crises, and it is clear that the current impasse between government and CSA will not be resolved until such time as the board stands down. We therefore implore the CSA Board to stand down and thereby take a decision that will be in the best interests of cricket,” Breetzke said.

SACA’s position is that an interim board has to be in place first, because the current directors are unable to self-correct. The interim board will then drive the restructuring of the board to ensure it is fully compliant with the recommendations of the Nicholson Commission, which came out eight-and-a-half years ago.

“As we have stated previously, CSA is not able to self-correct, and the intervention of government is further evidence of this. The current governance structure of CSA must be reviewed, and this has been acknowledged by CSA. The interim board must facilitate the implementation of the Nicholson recommendations through amendments to the Memorandum of Incorporation, as this will allow for an effective Board of Directors to ultimately take over the responsibility of the governance of the game.

“The Fundudzi Forensic Report has identified various failures in governance, failures that have consistently been highlighted by SACA, and this is the opportunity to remedy these for the sake of the game and ensure that experienced personnel are recruited into key executive positions,” Omphile Ramela, the SACA president, said.

A hard-hitting letter from Minister of Sport, Arts and Culture Nathi Mthethwa to Beresford Williams probably ices the cake in terms of sealing the fate of Cricket South Africa’s acting president, who has indicated his desire to stand for the permanent position at the AGM on December 5.

Williams was told by parliament’s sports portfolio committee to recuse himself from Tuesday’s hearing with CSA because he is implicated in the Fundudzi Forensic Report, not only for his involvement in a R5 million loan to the Western Province Cricket Association that he was formerly president of, but also being on the Board committee who appointed Thabang Moroe as full-time CEO in 2018 after he had been acting for a year despite him not meeting the minimum requirements for the post.

But Williams’ shares have fallen even further with the leaking of a letter from sports minister Mthethwa, who is clearly adamantly against Williams continuing as president. Replying to a letter from CSA, signed by Williams, which states that the CSA Board have decided not to step down and told Mthethwa he did not have the legal power to force them, the sports minister threatened: “As a parting shot, I wish to reiterate that I shall not be dissuaded from applying what the National Sport and Recreation Act 110 of 1998 enjoins me to do”.

The Mthethwa letter begins: “I note that instead of accurately depicting what was said at the meeting we had on 6 October, you have taken the liberty to put words into my mouth. To that end, I will use my response to correct some of the inaccuracies that are evident in your letter”.

Mthethwa went on to say he did not provide the directive for Williams and the Board to step down, but instead was agreeing with Sascoc’s call for this to happen.

“In addition to the National  Sport and Recreation Act 110 of 1998 you seem to selectively quote from, to show that I do not have the power to intervene, you are kindly reminded that as a sovereign country in which I am the Minister responsible for Sport, Arts and Culture, there is a raft of laws at my disposal, that empower me to deal effectively with recalcitrant behaviour within my portfolio,” Mthethwa stated.

The four main outcomes Mthethwa wants to see, according to his letter, are the full implementation of the Nicholson Commission recommendations, the appointment of a new, stable Board, effective transformation and the correct handling of the Fundudzi Forensic Report.

Apart from telling Mthethwa he did not have the power to force the Board to step down, CSA also said they viewed his intervention as government interference which probably “jeopardises CSA’s continued membership of the ICC”.

The bad news for CSA and Williams is that Mthethwa has the power to no longer recognise them as a national federation, thereby making their membership of the International Cricket Council moot in any case.

While sports minister Nathi Mthethwa praised Cricket South Africa on Friday for the establishment of their Social Justice and Nation-Building (SJN) project, he also used the launch as a convenient time to call for the organisation to release the forensic report into fired former CEO Thabang Moroe and called for the election of fresh leaders at the AGM on September 5.

CSA on Friday announced that Advocate Dumisa Ntsebeza, a man of significant stature who has served as an acting judge, a Truth and Reconciliation commissioner and is a sought-after legal academic overseas, will be the ombudsman and face of SJN. They also announced nine ambassadors who will help foster the transformation and nation-building objectives of the project in their communities – former Proteas Dinesha Devnarain, Shandre Fritz, Gary Kirsten, Lance Klusener, Marcia Letsoalo, Nulubabalo Ndzundzu, Makhaya Ntini, Geoff Toyana and Monde Zondeki.

The good news of the SJN launch followed the day after Moroe was formally fired with immediate effect by CSA, having been suspended since early December. The CSA Board have refused to make public, even to their own Members Council, the forensic report upon which Moroe’s verdict of being guilty of misconduct was based, but Mthethwa said on Friday in an online address that he expects the organisation to table the report when they meet with him next week.

Many critics believe the CSA Board don’t want to release the report because they are implicated in the same wrongdoing for which Moroe was dismissed.

“I am pleased with the move to establish the SJN project, it is a step in the right direction in the fight for transformation and they heave heard the cries of their ex-cricketers and listened to people like former president Ray Mali on how hurt he is about cricket. This will fight any sort of exclusion, South Africa is so rich in talent but we are not employing our full capacity.

“But when we meet next week for me to respond to CSA’s turnaround plan and the corrective steps they are going to take for the challenges they are facing, I also expect them to share with me and government the forensic report they promised last year to show me when it was available. I look forward to that and then the AGM is in CSA’s hands.

“But the leaders elected should be beyond reproach. Government would frown upon people being elected with questionable credentials. There is a cloud gripping cricket and they definitely need to make a clean move away from that. I would not be happy with a process that is opposed to that,” Mthethwa said.

The irony of a government minister saying CSA should not elect leaders of dubious integrity was exacerbated by where the launch was held, which will also be the location of the ombudsman’s office – Olympic House – the home of Sascoc, themselves embroiled in numerous governance scandals.

Nevertheless, Dr Eugenia Kula-Ameyaw, the CSA independent director in charge of transformation, had reason to be enthusiastic about the new body they have rapidly formed in response to the racial storm that has tarnished South African cricket. But despite the impressive figure in charge of SJN and the good intentions shown on Friday, the power that will determine the success of SJN, and whether it will actually improve the lot of future marginalised cricketers, lies with the CSA Board.

“The ombudsman will recommend to the Board what action should be taken, but the aim of the SJN is to engage, heal and restore. If we are mature enough then we can find something positive out of what is revealed, we do not want a legalistic approach. We will be looking at legacy issues and the lessons from the ombudsman will inform how we move forward. “We will support transformation in the rural areas, aggressively, and it’s all about how we make sure those issues do not happen again. The SJN will be integrated with the transformation committee, but as someone said, our future cricketers are not born to be part of what failed. This time around we really will transform and we have to make sure that it is not just on paper but seen on the field,” Kula-Ameyaw said.