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Ken Borland

Sports portfolio committee get CSA report, but still have to go through legal gymnastics 0

Posted on October 12, 2020 by Ken

Parliament’s sports portfolio committee duly received the full Fundudzi Report into the forensic affairs of Cricket South Africa on Friday, but not without having to go through legal gymnastics such as signing a non-disclosure agreement.

The members of the committee could get some decent weight training in if they print out the 486-page report and lug it around over the weekend. CSA were scheduled to meet again with the sports portfolio committee early next week, but depending on how much weekend leisure time the politicians are willing to give up, that could well be postponed given how long it will take to study the report properly.

A summary of the report was released to the media and other stakeholders, but not to parliament, by Cricket South Africa earlier in the week, much to the ire of the sports portfolio committee. They demanded that the full, unredacted report be given to them by close of business on Friday and CSA have complied.

While the summary focused on the failures and misdeeds of former CEO Thabang Moroe, it has caused a legal kerfuffle elsewhere in terms of some of the other names that were mentioned. CSA have been at pains to point out that the report has not been tested in court and is only the opinion and recommendations of the Fundudzi investigators. But already the other people named such as CSA human resources director Chantel Moon and parliamentary liaison officer Unathi Tshotwana, who has allegedly been exposed as being Service Provider X, have been tarnished without being given the opportunity to respond.

CSA issued a statement on Friday evening saying they had asked the chairperson of the sports portfolio committee, Beauty Dlulane, to declare the report as confidential.

“CSA has noted the public statement by the chairperson of the PPC to the effect that the PPC will sign a non-disclosure agreement in respect of the forensic report.  As such, and in accordance with the recommendation of the relevant Parliamentary Senior Legal Adviser, CSA has requested the chairperson of the PPC to make a ruling in terms of the relevant provisions of the Rules of the National Assembly, declaring that the forensic report is a confidential document.

“As publicly stated by CSA on various occasions and public platforms, the contents of the forensic report are confidential at this stage because it is a provisional report, because aspects of the report are subject to further investigation, and because public dissemination of the report at this stage may impair the integrity of the investigation process and undermine the implementation of remedial steps by CSA. It is for these reasons that CSA has, at this stage, released to the media a summary of the report, recording the substance of the provisional findings,” the statement said.

The full report, unlike the summary which was put together by CSA’s lawyers Bowmans, was sent to parliament directly by Fundudzi, so there should not be any redactions.

CSA did add that they would be consulting with Sascoc with a view to giving their president the report on the same basis as the sports portfolio committee.

But don’t expect any huge revelations to be coming out on social media over the weekend, because the lawyers have held sway.

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    Philemon 1:7 – “Your love has given me great joy and encouragement, because you, brother, have refreshed the hearts of the saints.”

    “Every disciple of Jesus has a capacity for love. The most effective way to serve the Master is to share his love with others. Love can comfort, save the lost, and offer hope to those who need it. It can break down barriers, build bridges, establish relationships and heal wounds.” – A Shelter From The Storm, Solly Ozrovech

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