Ken Borland

Cricket South Africa’s Members Council and Sascoc are likely to discover on Monday what punishment sports minister Nathi Mthethwa is going to hit them with after the stunt they pulled at the weekend’s Special General Meeting of the cricket body, leading to the new Memorandum of Incorporation designed to improve governance not being passed.

In a clearly orchestrated move, Sascoc president Barry Hendricks was parachuted into the SGM, having earlier turned down an invitation to just be an observer, and then delivered a prepared address that basically warned the Members Council that Sascoc would cancel their membership if they went ahead with the amendments to their constitution.

Hendricks had explicitly been warned by Mthethwa, in a letter last week, to not interfere with the process, and now he and Members Council acting president Rihan Richards have been called to a meeting with the minister on Monday.

“You cannot believe how annoyed the Minister is,” sources close to Mthethwa told The Citizen on Sunday.

A statement released by the Department of Sports, Arts and Culture on Sunday said the minister was disappointed the Members Council had acted “in bad faith” and he has been left with “no further option but to exercise his rights in terms of Section 13 (5) of the Sports Act” and he “will be taking the necessary steps required to exercise his rights in terms of the law”.

It is likely that he will tell CSA that they are no longer recognised by the Department of Sport, which would lead to them being unable to play any international cricket.

The Interim Board, having failed to win over the recalcitrant Members Council, now only remains in name and will prepare their final report for Mthethwa, their term of office having ended with the SGM at the weekend. It is believed several directors have decided to take no further part in cricket’s affairs.

Cricket South Africa, already in troubled financial waters before the Members Council/Interim Board impasse, will now be in dire straights because leading sponsors and broadcasters are already believed to be preparing to jump ship. One official with knowledge of CSA’s financial situation said a ban on the Proteas would probably mean the organisation would be bankrupt and unable to run the game before the start of next season.

“Trust us” was the anodyne plea made by Cricket South Africa on Thursday to both Sascoc and the cricket-loving public as they continued to try and justify why the complete Fundudzi Forensic Report cannot be made public.

CSA and Sascoc held a joint virtual press conference on Thursday, but far from presenting a unified front, it soon became apparent that the two organisations, both with distressing records in good governance, are at an impasse.

Sascoc president Aleck Skhosana said the mother body of all sports federations in South Africa are still resolved to set up an independent task team to investigate the affairs of CSA, and reiterated that the CSA Board and executive must step aside to ensure they have “unfettered access”.

But that task team will only be appointed after Sascoc have received the full forensic report, Skhosana saying this was necessary “so we don’t put the cart before the horse; if we choose the task team before we might put legal people on there instead of accounting; we need to know what kind of skills are required”.

But CSA are standing firm on their refusal to sideline their Board or executive, and will also only allow Sascoc to view the forensic report on the same basis as the Members Council last weekend – either just in summary form or at one of Bowman Gilfillan’s offices after signing a non-disclosure agreement.

CSA Acting President Beresford Williams said this was for legal reasons.

“It’s on the advice of our legal representatives, who cautioned against releasing it because there is a huge risk that it could compromise future litigation and legal matters that are already in process, plus open us up for future liability. The Members Council resolved unanimously that Sascoc’s access to the report should be under the same conditions as there’s was, in other words a summarised report,” Williams said.

Anne Vilas, the Central Gauteng Lions president and a member of the Members Council, made a plea for that body to be trusted, even though she could not state with 100% certainty whether the summary was written by Bowman Gilfillan, who are CSA’s lawyers and formerly employed controversial company secretary Welsh Gwaza, or by Fundudzi, the independent forensic investigators.

“I have been very vocal about the report but we had very enlightening discussions last weekend and we all understand CSA’s position that it would not be in the organisation’s best interest to make the report public. We don’t want to step on anybody’s rights, but further action will be taken if warranted and we will hold the Board responsible if necessary, you can trust us on that.

“No other investigations have been done to warrant the suspension of anyone other than Thabang Moroe right now, but stuff is going on and things will happen. But unless we firmly believe something is being withheld from us, there is not sufficient reason for the Board to stand down or anyone to resign. There’s nothing stopping any of the directors from standing at the AGM,” Vilas said when asked how the public were meant to believe CSA were not just hiding behind a shield of legal advice.

Williams would not give a straight answer as to whether CSA will comply with Sascoc, after Skhosana outlined the legal powers they have over CSA and their willingness to “take appropriate measures to ensure compliance”.

“Our engagement has been very positive and there has been great dialogue between the parties. We value Sascoc’s role and there’s no doubt that together we will find common ground. we are in engagement and that will continue. CSA responded in detail to Sascoc about our fiduciary duties and we are still engaging and talking to each other. I’m confident that we can move forward and find common ground,” Williams said in a top-class piece of obfuscation.

The former Western Province Cricket Association president also showed a distinct affection for denial when he said he and the other Board members had nothing to be held accountable over.

“I assure you that if there were any cases of concern in the report then we would have stood down. There were no negative findings to threaten the AGM and the Members Council unanimously agree that we should not be held accountable. I took the decision to continue to serve the game I’m passionate about, if I had acted irresponsibly or not in the best interests of CSA as a director then I would have moved on,” Williams said.

But “unanimously” is a word CSA have had a history of not understanding the proper meaning of and, as Skhosana himself said, “All trust has been lost in Cricket South Africa and we see evidence of that on a daily basis.”

The meeting between Cricket South Africa’s Members Council and Sascoc was not as successful as CSA’s official statement made out on Tuesday, with a major sticking point being even if the Members Council vets the Sascoc independent task team investigating their affairs, who is going to pay for it?

While the Members Council have agreed to a “collaborative approach in the interest of good governance and executive operations” with Sascoc, the South African Sports Confederation and Olympic Committee were apparently not yet able to furnish CSA with the details of who the task team would comprise, how it would function and, crucially, who would take charge of all CSA’s operational functions if the executive management stepped aside as requested by Sascoc.

The mother body, which is also cash-strapped after a series of their own legal disputes, has also stated that CSA should pay for the task team. Figures as high as R40 million for a month’s work have been mentioned.

“We have made some progress and we have agreed to allow Sascoc to investigate what they want to, we are not trying to hide anything. But Sascoc have not been able to tell us how this task team will be structured and if they remove the whole executive team, who is going to run CSA and handle the finances? And the Members Council have said there is no way we are going to pay for the task team,” a Members Council delegate told The Citizen on Tuesday.

“Nobody knows exactly how this task team will happen, but hopefully the follow-up meeting on Thursday will clarify these things,” the Members Council member added.

Another Members Council delegate said it has been amazing to see the growth in unity and purpose within the body, which comprises the 14 provincial presidents and technically has oversight over the Board of Directors, who they appoint.

“It was a fantastic Members Council meeting and we seem to be finally understanding the level of authority that we have,” the cricket administrator said.

Three representatives of the Members Council – Anne Vilas (Central Gauteng), John Mogodi (Limpopo) and Xolani Peter Vonya (Easterns) were meant to hold a press conference on Tuesday afternoon but this was postponed in another indication that CSA and Sascoc are not yet on the same page.

The presence of Vonya on the Members Council, never mind speaking for it, is also a point of conjecture because he has allegedly been suspended by his own union, which should then make him ineligible for the body of union presidents. He is one of several administrators with clouds over their heads who are still there on the Members Council.

There is a massive irony in a body such as Sascoc, wracked by internal strife and lacking credibility, making an intervention in the affairs of Cricket South Africa, a federation that seems to daily provide a new definition of rock-bottom.

But one can only hope this is a rocket (a spark would have little effect on the thick-skinned people sitting on the CSA Board) that leads to a real shift in the mindsets of those arrogant directors that refuse to budge a centimetre from a place at the top table of a sport they have parasitized rather than served.

If Sascoc threatening to take over does not force the CSA Board into standing down and releasing the Fundudzi Forensic Report, then the next option has to be for them to be threatened with being declared delinquent directors. There have been a litany of governance disasters at CSA over the last couple of years and there is no way they can continue to deny their own involvement and culpability.

There is no doubt people like former CEO Thabang Moroe and company secretary Welsh Gwaza have been involved in malfeasance, but who appointed and enabled these self-serving charlatans? The directors did and they have failed in their fiduciary duties, which have a clear legal basis.

The Members Council and the CSA Board of Directors are meeting together in Johannesburg over the weekend and, as one delegate put it, this is “make-or-break” time for the organisation. Will selfish, individualistic priorities prevail and continue the death spiral into chaos and oblivion? Or will there finally be some leadership and accountability shown?

Either way, Sascoc are going to impose a task team inquiring into CSA’s affairs, which is no bad thing. But if leadership and accountability win the day then there are enough top-class people who love cricket who will be able to step into the leadership vacuum and help CSA back to stability.

One of those is Judith February, a lawyer based at the Institute for Security Studies, the former head of IDASA’s governance programme, a Visiting Fellow at the Wits School of Governance, a trustee of the Nelson Mandela Foundation and a massive cricket fan.

“You cannot be on a board and not take responsibility, resigning just before the AGM is too little, too late because they have presided over matters to that point. Directors have left in silence or written letters, but it was because they did not flex their muscles that Thabang Moroe was allowed to operate in that way. CSA’s Memorandum of Incorporation is very clear and they have breached it on every front.

“We can join the dots intelligently and see that there is something deeply wrong with the system and the people who manage it and the people who oversee them. A clean break is the best option and clearly we need to interrogate why someone of such integrity and capability as Jacques Faul could find no space to work in CSA. The players’ statement about the boardroom shenanigans was also really important,” February said this week in a Daily Maverick webinar discussing cricket in South Africa’s fight for survival.

Does February, a governance specialist and former executive director of the HSRC’s Democracy and Governance unit, not just sound like the perfect candidate to be an independent director on a new-look CSA Board?

There are also some brilliant, impressive people on the Members Council – one thinks of Ben Dladla, Craig Nel, Anne Vilas and Tebogo Siko – who are dong their best to restore the credibility of CSA, but their efforts are being stymied by the presence of seven directors of the Board in the 14-strong Members Council itself.

The Nicholson Inquiry, which the CSA Board have now committed to return to eight years after its release, called for change in how the Board was constituted, recommending nine of the 12 directors be independents.

But in 2013 it was the selfsame Sascoc who refused to accept that and pressured CSA (although it probably suited their Board back then too) into going with a 7-5 split in favour of non-independents. And that’s a major reason why CSA are in the mess they are in now.

Directors without the competence, skills or experience to run a billion-and business have been voted in to ensure certain powerful figures enjoy support and can dispense patronage in return. In some cases, these directors have been earning twice as much from Board fees as from their ‘main’ source of income; no wonder they are desperate to keep their noses in the CSA trough.

In the coming weeks, Sascoc have a vital role to play in supporting the efforts of those who want to change this system and put cricket back in the control of people who firstly love and serve the game, and secondly have the expertise to run it properly.