Ken Borland

Omphile Ramela, the former president of the players’ union who was last month removed as a director of the Cricket South Africa Interim Board, has lodged an application in the High Court challenging his removal based on the alleged rude conduct of the board and an accusation that they have erred in terms of procedure.

The board resolved on December 15 to remove Ramela for being “derelict in performing his functions as a director” and engaging in “destructive practices”, related to his alleged refusal to accept majority decisions and subsequent leaks of board discussions to the media. Ramela was given the opportunity to put his case before the board, but failed to attend the meeting.

Ramela then announced on Tuesday evening on social media that he will challenge his dismissal in court.

“I have lodged an application against CSA with the High Court. While the application deals with my removal, the premise of this application speaks to the conduct of this board as far [sic] the principle of law and order is concerned. … Given that my concerns speak to the principle of its conduct in matters of law and procedure, the court is the best place that can ventilate this matter and see it to its logical conclusion.

“The directors of this board serve in leadership structures of society. If its conduct is questionable in law and procedure then we as a country and the game of cricket have a much bigger problem. My major concern is the game. I could have easily walked away from this, but I think I’ve got a responsibility as someone who’s been in the game to stand for the truth,” Ramela posted on Twitter.

Ramela went on to say that he will demonstrate at the High Court that the CSA interim board have not acted with the interests of the game at heart, especially in terms of transformation.

“The decisions I’m contesting speaks to the motive of this conduct. This board has not done anything to advance the game and enhance transformation on and off the field of play. Instead it has done the total opposite to a point of regressing any transformation gains and governance. This then begs the question, whose interest are they serving?

“Hopefully this court process will help pierce that veil and reveal the source of our problems in cricket. The game has served me as a player and it has created opportunities for me. So if there is a case I can make that the interests of the game are not being protected at the moment I will put that out there. I believe that this application to the High Court will demonstrate that,” Ramela said.

The interim board issued a statement on Wednesday saying Ramela’s application is without substance and they will oppose it in court.

The previously suspended Omphile Ramela was officially removed as a director of the interim board of Cricket South Africa on Tuesday, the organisation announced in a statement.

Ramela is the previous president of the South African Cricketers Association and was one of the players association’s nominees for the board.

Judge Zak Yacoob, the chairman of the interim board, said last week that the rest of the directors had resolved to have Ramela removed from the board due to him being “generally obstructive in board matters”.

“He refuses to accept the majority decision if he does not feel it’s right and feels he needs to continue to fight. He does not have the discipline to accept a majority decision and is virtually impossible to deal with,” Yacoob said of Ramela last week. The former Cape Cobras and Highveld Lions batsman has apparently taken up the cudgels on behalf of suspended Company Secretary Welsh Gwaza, which is a very surprising turn of events in itself because Gwaza, along with former CEO Thabang Moroe spearheaded CSA’s efforts to sideline the players association, targeting Ramela personally in the process.

Ramela was notified of Tuesday’s meeting last week and given the opportunity to be present, with an attorney, to respond to the allegations against him.

But the 32-year-old did not respond to his notice, or to follow-up e-mails and WhatsApps, according to the interim board’s statement.

So the five remaining directors who were present – Haroon Lorgat is in Dubai and Stavros Nicolaou was also unable to attend – voted on the resolution to remove Ramela. Andre Odendaal abstained, but the other four directors voted in favour of the resolution.

“We are disappointed by what has transpired but we respect the fact that the board must do its work, they have a job to do. We will not engage the interim board unless they formally engage with us, which they have done on other issues, because we believe in their independence,” Andrew Breetzke, the CEO of SACA, told The Citizen.

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.

South African Cricketers’ Association president Omphile Ramela on Wednesday said the leadership of Cricket South Africa has taken the game to the brink of “total collapse” and called for intervention at Board and management level.

On the same day that CSA announced chief commercial officer Kugandrie Govender as the new acting chief executive following the immediate resignation of Jacques Faul, the players’ union issued a statement slamming the organisation for the current crises, which they say threaten the future of the game in this country.

“Instead of facing these crises, CSA is embroiled in destructive politics at Board and management level. It is evident that cricket is unable to self-correct. With the CSA AGM looming, the reality is that many of the administrative challenges confronting the game are as a result of administrators failing to adhere to principles of corporate governance.

“A number of affiliates have crises of their own, and it is these structures that provide leadership to CSA. Before we see the total collapse of the game of cricket there needs to be a leadership intervention at Board and management level that is able to stabilise and transform both the game and the business of cricket,” Ramela said.

SACA said the level of crisis within CSA is now up to the point where the players themselves feel that their livelihoods as professional cricketers are threatened.

“SACA has engaged directly with players over the past few weeks and there is a growing realisation amongst players that their careers as professional cricketers are being threatened by the very organisation that should be nurturing them. SACA has consistently called for certainty and consistency in the governance and management of the game.

“The sudden resignation of both the President and Acting CEO is clear evidence that cricket in South Africa is at war with itself. Mr Nenzani owes all stakeholders an immediate explanation as to why he has stood down a mere three weeks before the CSA AGM, after he had refused to do so over the previous eight-month period despite calls to do so from key stakeholders within the game. Together with the sudden resignation of Dr Jacques Faul as Acting CEO, one can only deduce that the Board of Directors has yet again reached a level of dysfunctionality that threatens the existence of the game in our country,” Andrew Breetzke, the CEO of the players’ union, added.