Ken Borland

Former Cricket South Africa acting chief executive Kugandrie Govender’s days of working in cricket were thought to be over after she was fired from the organisation for dishonesty and incompetence, but now Border Cricket want to appoint her as their new CEO.

Govender, who replaced Jacques Faul as acting CEO in August 2020 following the suspension of Thabang Moroe, was dismissed in July 2021. She was found to have lied in the disciplinary hearing that saw former Protea Clive Eksteen lose his job as CSA’s head of sales and sponsorship. In December 2020, the CCMA ruled that Eksteen had been unfairly dismissed.

Border Cricket’s efforts to shop around for a new CEO after Andile Mxenge was dismissed in June also saw them apparently consider former CSA board member Eugenia Kula-Ameyaw for the post.

But the affiliate’s decision to appoint Govender could not be more embarrassing for their mother body, especially since current board members and former staff are busy testifying against her in the CCMA case she has brought against CSA.

While the evolution of that labour hearing is still ongoing, CSA confirmed to The Citizen that they have expressed their concern to Border Cricket over Govender’s potential appointment.

“CSA has not been formally notified of the appointment of Ms Govender by Border Cricket. However, having become aware that this may occur, we have been in contact with Border Cricket to highlight our concerns that flow from the termination of Ms Govender’s employment with CSA, and in particular the on-going legal process at the CCMA,” Lawson Naidoo, the chairman of the board, said.

Border Cricket president Simphiwe Ndzundzu is a non-independent director on the CSA Board, but is a controversial figure who was being investigated for an alleged assault on two women related to a colleague, the former player and umpire Sinethemba Mjekula, at the time of his election.

Border Cricket did not respond to a request for comment.

Judging by the antics of the Members Council at Saturday’s Cricket South Africa AGM, local cricket fans can thank their lucky stars that there is now a predominantly independent Board that has been put in place to oversee the strategy and vision of the embattled organisation going forward.

In between clowning around in a meeting that has serious consequences for South African cricket and subverting the democratic process by trying to elect people by consensus rather than putting everything to a vote, the Members Council did also manage to object to one of the independent directors named by the Nominations Panel.

Advocate Norman Arendse can be an enormously controversial, divisive figure as he has shown in previous stints on the CSA board, and the Members Council were unanimous in their unhappiness with his appointment. Newly-elected CSA Members Council president Rihan Richards was vague about just why they objected to Arendse, other than to say he was the lead independent director when dismissed CEO Thabang Moroe was appointed and he has made derogatory utterances about CSA in his time off the board.

The Nominations Panel agreed to reconsider Arendse’s appointment, but according to Dr Stavros Nicolaou, the chairman of the Interim Board, they can consider input from stakeholders but can pretty much appoint who they like as long as they meet the eligibility criteria.

The seven independent directors that were confirmed on Saturday are Advocate Steven Budlender, a self-described cricket obsessive; former Proteas batsman and convenor of selectors Andrew Hudson; Simo Lushaba, who has a doctorate in Business Administration and has extensive experience on several boards; governance expert Lawson Naidoo, the executive secretary of the Council for the Advancement of the South African Constitution; Andisa Ntsubane, a marketing and communications expert whose face is well-known in cricket circles through his work with major sponsors; former MultiChoice CEO Mark Rayner and Ntombi Ravele, a seasoned sports administrator who was involved in boxing, netball and tennis.

Ravele is the only woman on the board because the Members Council could not find it in their hearts or resolve to follow through on their oft-spoken belief in gender equality as they elected Border president Simphiwe Ndzundzu, who has been accused of breaking a woman’s arm with a knobkerrie when he went to a colleague’s house and attacked him and his elderly mother, ahead of Central Gauteng Lions president Anne Vilas.

Ndzundzu, head of a province whose financial situation is almost as disastrous as their on-field performance, and Vilas, in charge of arguably the most successful union in the country, found themselves tied for the fifth non-independent director’s position. Ndzundzu has also accused Vilas of being racist when she raised the allegations of his gender violence.

The four other non-independent directors elected are Daniel Govender (KZN), John Mogodi (Limpopo), Craig Nel (Mpumalanga), Tebogo Siko (Northerns).

Interestingly, neither Richards nor Donovan May of Eastern Province, who was elected vice-president of the Members Council, made themselves available for the Board. While Richards said this was “to ensure clear separation between the Members Council and the Board”, history suggests one will find it is merely an arrangement to ensure seven Members Council representatives share the gravy instead of just five.

Cricket South Africa’s Members Council on Wednesday approved the new constitution that embraces the governance recommendations of the Interim Board based on the Nicholson Report, which means the organisation can now move on to the process of choosing their new board made up of independent and non-independent directors.

The Interim Board on Wednesday clarified the process by which these directors will be appointed, disputing suggestions published by The Citizen that they have any knowledge of who the applicants to be independent directors are and that they play any role in drawing up a shortlist for the Nominations Committee.

The Nominations Committee should be in place later this week and that six-member panel will comprise 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 Interim Board does not know who has applied and will not be involved in the nominations process other than recruiting one former CSA president to serve on the Nominations Committee. All the applications are under lock and key in the office and will be passed on directly from the office to the Nominations Committee as soon as they are in place,” Interim Board spokeswoman Judith February told The Citizen.

The planning for the long-delayed AGM of Cricket South Africa can now go ahead, with the election of the new board likely to happen around May 14, which is when the extended tenure of the Interim Board is set to end.

Interim Board chair Dr Stavros Nicolaou said he was looking forward to the focus now moving from the boardroom to the field of play.

“Cricket is now poised to move forward with a new governance structure. We look forward to taking the focus away from the boardroom and to the field of play, especially ahead of the T20 World Cup later this year. I would like to thank the Members’ Council for ensuring that this resolution is passed.

“We have now reached the stage where we can move to complete one of the outstanding issues of our mandate which is to hold the Annual General Meeting. We have kept Minister Nathi Mthethwa fully briefed on the latest developments,” Nicolaou said.

The Minister will hold a joint press conference with the Interim Board and the Members Council on Friday, at which the new Memorandum of Incorporation is expected to be made public as South African cricket finally starts to emerge from two years of poor leadership, in-fighting and enormous damage to its credibility.

Cricket South Africa’s Social Justice and Nation-Building Commission is only going to have six months to do its work, but the organisation is going to ensure the ombudsman, Advocate Dumisa Ntsebeza, has all the resources required to complete his mandate.

“It is a very limited period – six months – so there is a sense of urgency to investigate and adjudicate all the submissions received, which by-and-large will deal with unfair discrimination. I will try and keep a tight rein, strict adherence to the program, but I must warn the public that sometimes these inquiries take on a life of their own. Hopefully we will not need an extension of time.

“I initially felt I needed three years, but after useful discussions with the Interim Board of CSA, I am now in respectful agreement, I am convinced, that it is doable in six months, but very difficult. There is never enough time for any commission dealing with the legacy of history, but there has to be a set time for making decisions so that you are focused. Yes, I wish there was more time, but I will do the job,” Ntsebeza, who sat on the Truth and Reconciliation Commission, told a virtual conference on Thursday.

“It maybe felt like forever in getting SJN up and running, but there has been a lot of work going on in the background. CSA had to make sure we were totally ready to support Advocate Ntsebeza operationally and we have already set up facilities for him and his support staff. We don’t want this to be a tick-box exercise, so sufficient resources have definitely been made available to make sure he can deliver his mandate,” CSA acting chief executive Pholetsi Moseki said.

Ntsebezi admitted that he could not control CSA’s reaction to his recommendations, but he was confident they will implement the transformation imperatives he tables.

“There is no provision in my terms of reference or any statute that forces them to implement my recommendations; they remain recommendations. But I don’t think CSA would have taken the opportunity to embark on this project, they would not have made the appointment in the first place, if they were not serious. But there are no guarantees.

“I have no magic wand and I don’t have the mandate to use a big stick on CSA. But if they don’t implement then it will be time spent in vain. In my discussions with the Interim Board, I got a sense of commitment and an appetite to see this through, otherwise I would not have taken the job. I would hope that those tasked with implementing my recommendations will rise to the occasion,” Ntsebeza said.