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 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.

Cricket South Africa’s midnight statement saying former CEO Thabang Moroe is still suspended has only heightened the terrible uncertainty around the game in this country, the chief executive of the players’ union said on Friday.

Moroe was suspended on December 6 pending a forensic investigation into his management practices but arrived at the CSA offices in Melrose Estate on Thursday morning, ostensibly seeking to ‘return to work’. His lawyer, Michael Bill, said his suspension had lapsed after six months.

But the CSA Board issued a statement more than 15 hours later saying the “letter of suspension issued to the Chief Executive Officer explicitly stated that he was suspended until the conclusion of the independent forensic investigation” and that there was no predetermined timeframe attached to his suspension. The Board added that the forensic investigators had indicated their report was “imminent” and “there will be more clarity and certainty provided before the end of June.”

The South African Cricketers’ Association issued a warning earlier this week that CSA’s failure to make progress on Moroe’s disciplinary hearing would seriously erode the small gains in confidence in the organisation that have been painstakingly acquired by acting CEO Faul and director of cricket Graeme Smith, and Andrew Breetzke, the players’ union CEO, said on Friday that CSA’s statement did not alleviate the level of suspicion aimed at the Board.

“We’ve taken note of their intention to complete the disciplinary process with haste and that the forensic report is imminent, but there’s no real comfort that it will all be resolved soon. Thabang Moroe has not even been charged yet and history shows their disciplinary hearings have taken six months to complete from the date the person was charged.

“Given the crisis cricket is facing, we need certainty and CSA are just not creating that at the leadership level. It’s critical that President Nenzani answer the important questions because never before have there been so many crises all at once, and major sponsors Willowton, Standard Bank and Momentum have all said they are very concerned over governance,” Breetzke told Saturday Citizen on Friday.

Breetzke said it was also vital that there was transparency over the forensic investigation’s terms of reference, to allay fears that they were only examining the tip of the iceberg in terms of CSA’s financials.

“It’s a real concern that we don’t understand the terms of reference of the investigation because a lot hangs on that. Nenzani said the whole process would take six months and there is clearly evidence because Moroe was suspended based on the reports of the Social and Ethics and Risk and Audit committees. You would have thought the CSA Board would have dealt with this as a matter of urgency and not in such dribs and drabs.

“This is a systemic issue that runs really deep in CSA, but they are the custodians of cricket, not the owners, so all lovers and stakeholders of the game have a right to know. In terms of the court papers SACA have previously filed, there are lots of incorrect figures and significant negligence regarding the second MSL, plus journalists’ accreditation being revoked, so CSA don’t really have to look much further than that,” Breetzke said.