Ken Borland

Cricket South Africa are fighting lots of legal battles at the moment, but possibly the most damaging to their reputation has just been made public as former England captain Karen Smithies has served the embattled organisation legal papers alleging discrimination during last year’s interview process for the position of Proteas Women’s team manager.

Smithies, who led England to the World Cup title in 1993, has been a highly-respected administrator and manager of the Titans team for the last 20 years and played a key role in the growth of the women’s game in this country in the early 2000s.

But Smithies has now made the shock claim that CSA rejected her application to be Proteas Women’s manager due to her being “bisexual or lesbian”, according to the organisation’s disgraced former head of HR, Chantal Moon. And Smithies has the recordings to prove it.

For an organisation that is trumpeting diversity as a core value and riding the wave of the tremendous recent success of the national women’s team, the revelations are deeply embarrassing and disturbing.

The online interview was held on June 9 last year via Teams before a panel comprising Moon, who has subsequently been dismissed as she was not properly qualified for her job, director of cricket Graeme Smith, head of player pathways Eddie Khoza and high performance manager Vincent Barnes.

Smith left the meeting after the interview, but the other three then discussed Smithies without realising that their conversation was still being recorded.

The legal papers allege that Moon pointed out that Smithies is “bisexual or lesbian”, to which Khoza responded that she “is in a life partnership with a previous South African women’s captain”. Moon then said there was a risk that Smithies would get “involved in some darling-darling relationship with one of the players”.

Barnes pointed out that it would not be right to appoint a “White Pommie instead of a Black African Male [current manager Sedibu Mohlaba].

The comments are an obvious case of discrimination against Smithies personally because national women’s captain Dane van Niekerk is married to team-mate Marizanne Kapp and there are other relationships within the squad. Coach Hilton Moreeng is a man but nobody has ever raised any concerns about him having a relationship with one of the players.

Smithies told The Citizen on Saturday that the initial hurt of the comments has been exacerbated by CSA’s steadfast refusal to respond to any of her complaints, forcing her to go the legal route.

“I felt so hurt and very disappointed that my career and achievements all came down to that one thing [her sexuality]. These are people I know well and I just wanted an apology and an acknowledgement that what happened was wrong. I’ve tried everything possible to avoid going to court, sent so many letters, but CSA have not had the decency to reply to one of them,” Smithies said.

A new year brings new challenges for the Interim Board of Cricket South Africa with arrangements for the Australian Test tour needing to be made and a new structure for the organisation now being considered by the directors.

Judge Zak Yacoob, the chairman of the Interim Board, said on Thursday that he was confident the incoming tour by Australia would take place, although he did let slip that it is now expected to take place only in April.

“The Australia tour will go ahead at this stage. A week ago I had a chat with the head of Cricket Australia and we agreed that we would make sure the facilities are as good as necessary. Not that we did anything wrong when England were here because none of their players were affected by Covid. But our learnings on this virus changes all the time, it is unpredictable.

“But we both have doctors and other experts who will lead us through and if they say our facilities are fine then I have no doubt that the tour will go ahead, unless things take a real turn for the worse. But cricket fans must know that if they comply with all the precautions then they are not only doing it for themselves but doing it in the interests of cricket. I know we are looking at April,” Yacoob said.

The Interim Board’s term of office expires on February 15 and Yacoob said their focus in the next three weeks would be on formulating a new structure for the board.

“Our most important consideration now is how to change the structure of CSA to ensure it works better, and that is an independent process because we have no intention of being on any future CSA board. The main objective is to ensure that the Memorandum of Incorporation (MoI) and the Board Charter are changed in accordance with the Nicholson recommendations i.e. the need for an independent board.

“We are trying to work through what the power of the Members Council should be and the one conclusion is that we cannot have two centres of power. We have decided it would be preferable for the Board to be in control of day-to-day operational matters. If the directors are independent then they will have no personal interest in the decisions taken,” Yacoob said.

While one former director – Omphile Ramela, the previous president of the players’ union – has launched court action to overturn his removal from the Board, another – former Easterns president Xolani Vonya – has been reinstated as a director.

The move seems part of a more conciliatory tone towards the Members Council.

“Mr Vonya is back, because the Board decided that may be better. Some of the reasons for his removal were not fully justified, Easterns did not fully justify their very serious allegations against him. On balance, we had a rethink and decided to be more generous towards him.

“We have not yet really engaged the Members Council on the new MoI and I suspect there will be a difference of opinion, which is justifiable. An independent Board does reduce the power of the Members Council but I am certain they will operate in good faith. There will be genuine and bona fide debate over how independent the Board should be.

“One can get carried away and get people who know nothing about the game and you obviously need to avoid that. The Members Council have to appoint us again and if they don’t approve us again then off we go on February 15 unless the Minister of Sport does something. We would have to tell the Minister that we have not finished our work, but I personally would not implore him to intervene, he must make an objective decision,” Yacoob said.

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.

Cricket South Africa is in good health and the Board is staying put because of the great job they have been doing; that was the message the organisation conveyed to members of the national squad in a virtual meeting late last week, according to a Protea who spoke to The Citizen on Monday on condition of anonymity.

According to acting CEO Kugandrie Govender, the portrayal of CSA as a sickly, embattled federation is disinformation and she blamed the media for their woes, which include financial worries, a governance crisis that has forced the Minister of Sport to step in, no fixtures confirmed yet for the Proteas this summer and a Board and executive that has been wracked by resignations and dismissals.

Minister of Sport Nathi Mthethwa has been adamant that the Board should step aside and allow Sascoc to set up an interim board, with particular focus on the Fundudzi Forensic Report and implementing the recommendations of the Nicholson Commission from 2012. He has given CSA until October 27 to offer reasons in writing as to why he should not intervene.

CSA have given no response to Mthethwa’s damning statement from last week, but did try to reassure the players in a virtual meeting to which the players’ union were not invited.

“The Board were in on the call to us, and they said they are going nowhere. We were shocked,” the Protea said. “They were quite adamant about it. People like Temba Bavuma asked probing questions but Kugandrie just talked around it and didn’t answer our questions.”

CSA may have made a R50 million profit before taxation for the financial year ended April 30, according to their 2019/20 Annual Integrated Report, but their message to the players that they are in a stable financial position is based on several assumptions.

England may still arrive in South Africa in mid-November for six limited-overs matches which would bring in around R70 million for CSA, but there is no indication yet that government has approved that tour or that the scheduled tours by Sri Lanka and to Pakistan over December/January will happen. Australia are also meant to tour for a Test series at the end of the summer.

But the longer the current Board hangs on to power, and the governance scandals rumble on and on, the more damage is done to CSA’s credibilty and that has already had an effect on the bottom line with broadcasters, sponsors and supporters jumping ship.

It would seem CSA have relied on terrible legal advice from Bowmans – whose ties with CSA company secretary Welsh Gwaza, a former employee, are a concern – to bunker down and try and keep the forensic report they themselves commissioned as secret as possible.

While CSA’s directors may see themselves as corporate bigwigs not compelled to operate transparently, Mthethwa’s intervention is based strongly on CSA being a public entity, custodians of a sport that belongs to the public, and he can rely on broad support for his strong stance.