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.

When Lizo Gqoboka arrived in Montpellier on a short-term deal in September 2019, he was very much the new kid in town but there was a friendly South African fellow prop and man about town who helped him out considerably in Jannie du Plessis.

Gqoboka was signed by the French club as cover for the duration of the World Cup and stayed with the good doctor and his family in the city near the Mediterranean coast, and not only did Du Plessis show him the ropes at the club, but they also spent a lot of time discussing scrummaging.

And now on Saturday the Bulls loosehead prop and the veteran Springbok tighthead will be going to town on each other if they are both on the field at the same time when the Lions visit Loftus Versfeld in the opening round of the Rainbow Cup.

“I enjoy scrumming against Jannie, I did it a lot in training at Montpellier and we played against each other in the Currie Cup semifinal in January. So we know what each other can bring at scrum time, but with such experience, Jannie always has something in his back pocket. It’s difficult to scrum against a guy like him who has the attitude of always learning and getting better all the time.

“With Jannie there at the Lions, he plays a massive role in their scrum, he’s so experienced and very smart. It’s not just about power with him, you can feel it, he is very technically sound. So the young guys at the Lions like Carlu Sadie are really learning from him. The Lions scrum is very good, they have a good system and it’s going to be a nice challenge,” Gqoboka said on Tuesday.

But the Bulls scrum certainly have the credentials to win the crucial scrum battle this weekend, as they showed when they had the upper hand against the Lions in that Currie Cup semi-final and when they dominated the set-piece against the Sharks in the final. The home side might be without Springbok tighthead Trevor Nyakane due to injury, but Mornay Smith showed his ability to step up when he performed strongly off the bench in the two decisive Currie Cup matches.

“We know we can’t relax, every scrum is going to be a war so we have to show up and concentrate,” Gqoboka added.

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’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.