Ken Borland

While a majority independent board and an independent chair have been the most well-publicised aspects of the new Cricket South Africa constitution eventually agreed to by the Members Council, the process by which independent directors are appointed is another vital pillar of the new MoI … and it is now raising concerns among stakeholders in the game.

The MoI puts into place a Nominations Committee which will be a six-person panel comprising 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 only problem with the Nominations Committee is that their word is final and the non-independent directors, or anyone else, are not allowed to object to the names they come up with.

The dangers of that clause are brought into focus by the first board that will serve under the new MoI. Because the Nominations Committee will only exist after the new constitution is formally adopted on Wednesday, they will be picking from a list that the Interim Board have seemingly put together from the applicants who put themselves forward before the cut-off date for applications, which was in February.

It is hardly an independent process because nobody knows who applies and who handled the applications, apart from the Interim Board.

Given the schisms in South African cricket that are obviously still present even though they will ‘officially’ be signed away on Wednesday, there is still an atmosphere of fear and uncertainty out there, and that has led to all manner of speculation and rumour about who CSA’s new directors will be.

The return of Norman Arendse, president of CSA from 2007 to 2008 and a controversial figure because of his continued interference in the selection of the national team, has been mooted, while some administrators have warned of a new wave of cadre deployment as they fear Minister of Sport Nathi Mthethwa wants to drive the ANC agenda in cricket.

Other administrators have called for the institution of an independent administrative office to handle applications for independent director posts, which would then pass them on to the Nominations Committee, with independent auditors exercising oversight through the whole process.

The process of appointing independent directors has the potential to be the new battleground of South African cricket.

One of the key features to come out of the discussions around racism in cricket has been the acknowledgement that it has to be okay for stakeholders who feel discriminated against or marginalised to speak out. Without that freedom, the status quo merely continues and we won’t know that the system is broken until there is something akin to an explosion of anger.

And there are certainly a lot of angry people in the cricket community at the moment, many with good reason because the leadership of the game has failed them so thoroughly. Many people are thoroughly disgruntled by how mediocre the returns have been after millions of rand have been spent on transformation over more than 20 years.

It is not okay, however, for people to spread division, blatant lies or push agendas designed to further the interests of only a select few. Unfortunately many of those divisive voices have been given prominence in the last few weeks.

The troubles in South African cricket seem to have given birth to an extreme version of Africanism that threatens to shut everyone else out of the game.

We now have a situation where White members of CSA management, specifically acting CEO Jacques Faul, director of cricket Graeme Smith and head coach Mark Boucher, are being pilloried, not for anything they have or have not done, but simply because they are White. No matter how often they express their support for BLM or for transformation, some people simply cannot get past their skin colour.

The corollary of this is the perception that Black Africans should not be held accountable for their actions. Suddenly suspended CEO Thabang Moroe, who left the game in such crisis last December that Faul and Smith had to be parachuted in, is the darling of certain sections of the media, who are pushing for his return. The irony that they are supporting someone who nine months ago took away the accreditation of journalists who were critical of him is totally lost on them. Are they are in favour of media freedom or do they support someone who has also looked to destroy the players’ trade union – the South African Cricketers Association?

Convicted matchfixers Thami Tsolekile and Ethy Mbhalati have also been given platforms that are far too exalted for the manner in which they betrayed the game. Tsolekile in particular spouted forth on a well-known radio talk show – with very little counter-interrogation – on how the whole matchfixing investigation of the 2015 T20 competition targeted Black players. He and his host conveniently failed to mention that the entire process was presided over by Bernard Ngoepe, one of the country’s most respected judges. Are they saying he is racist? Sounds like the typical protestations of the criminally guilty to me.

Equally appallingly, Tsolekile accused and named two White players of being involved in matchfixing without a shred of evidence. Their rights have been trampled on and I expect them to go to the courts to protect their names. CSA have subsequently released a statement saying the one player was one of their star witnesses because he immediately reported a corrupt approach and the other was just a name bandied about by arch-conspirator Gulam Bodi in order to get other people involved. They were both thoroughly investigated, by the ICC as well, and totally exonerated.

Even the legendary Makhaya Ntini seems to have been allowed to get away with a one-sided narrative. I’m sure in the early years of his international career there were days when he felt isolated and alone. But he has been unfair in his criticism of Cricket South Africa.

If it weren’t for Ali Bacher personally getting involved and organising proper legal representation for him, Ntini would have spent several years languishing in jail after being incorrectly found guilty of rape, and Proteas manager and team doctor Mohammed Moosajee has revealed the felicitations the great fast bowler received from CSA at the end of his career.

“What Makhaya said I think surprised every one of us because he was a beacon for every youngster. He was in the team with me for the last 8 years of his career and I never noticed him sitting alone. Many players ran from the ground back to the hotel. Many times when we went out to dinner, we would stick to our own, but there were also many other times when we would join the other guys.

“Even when his contract ended, he was paid an extra year of salary which had never happened before, and he was given a special benefit game at Moses Mabhida Stadium. He played his last game for South Africa in January 2011 and his CSA contract continued through to the next April and then he received another year after that,” Moosajee told an Ahmed Kathrada Foundation webinar on racism in cricket recently.

“I did not see him on his own, he always had other players around him, but we need to unpack the way he felt, we need like a Truth and Reconciliation Commission for cricket. I’m sure he felt isolated when he first came into the team because he was in the minority, international sport is very difficult and you feel nervous about where you fit in. It was probably the same for Hashim Amla, but once the colour of the team and the administration changed then a lot of that went away,” Moosajee added.

Doc Moosajee, who has been a great servant of the game, went on to slam those for whom power in cricket is like an aphrodisiac.

“It’s important to remember that a number of communities contributed to the struggle but unfortunately some selfish administrators are looking to create divisions now. We need to move away from the idea that you need to be Black African to have a role in transformation; all communities, including Whites, have a role. Driving only an Africanist agenda has become divisive.

“We can’t continue to pay lip-service to transformation after 26 years, we need tangible action. In terms of Affirmative Action, the question we need to ask is whether the policies have benefited us or promoted racism? There is no doubt it has become polarised. Grassroots is where the issue is and there’s no doubt that has not been addressed. The numbers game has created challenges,” Moosajee said.

Amidst these tumultuous times in South African cricket it does seem like acting chief executive Jacques Faul and interim director of cricket Graeme Smith have brought some stability, but it is vital that fans and stakeholders of the game in this country do not forget the reasons for the crisis that led to their appointments and the clarion call for the Cricket South Africa board to stand down must still ring out loud and clear.

There is the danger that because of the sterling work done by Faul and Smith, people think everything is suddenly hunky dory with South African cricket. The battle against the Covid-19 pandemic has also provided a timely distraction for the incompetent, self-serving board to hide behind.

But an expected loss of a billion rand and the poor governance and thoroughly undemocratic behaviour of people like suspended CEO Thabang Moroe and president Chris Nenzani happened on the board’s watch. Many of them were active participants and supporters of #CricketCapture, the rest turned a blind eye and were in breach of their fiduciary duties as directors.

So far, the board has shown no intention of accepting accountability for their gross dereliction of duty to the game.

The big problem in South African cricket, however, is that the governance structure is all wrong and that makes getting rid of the parasites on the board a tough task.

The problem dates back to 2013 and CSA’s reaction to the Gerald Majola Bonus Scandal and the Nicholson Commission’s findings which eventually forced the board to get rid of the then chief executive. But CSA did not follow the commission’s recommendation that independent directors make up the majority on the board. Instead, CSA implemented a new system where five independent directors were elected on to the board alongside seven non-independent directors.

Those seven non-independent directors also sit on the Members Council, a 14-member group that elects the board and, according to CSA’s Memorandum of Incorporation, is the only structure that can dissolve the board.

The seven non-independents are elected from the 12 provincial presidents and CSA also devised a system whereby provincial presidents sit on the Members Council for three years, and can also serve a second three-year term.

So you can see the problem?

With the resignation of Gauteng’s Jack Madiseng as a director, six of the seven non-independent board members also sit on the Members Council that will vote on their fate. So it means at least seven provincial presidents have to vote against them.

But many of those provincial presidents have been part of the problem because they sit on the Members Council for three years. The old saying of turkeys voting for Christmas springs to mind.

A quick survey of the 12 provinces suggests four that would probably vote for change – Gauteng (Madiseng) and KwaZulu-Natal (Ben Dladla) apparently have their mandates already, North-West are currently under the administration of Archie Pretorius, one of Majola’s critics who was kicked off the board during the 2013 sham, and Western Province, who have a new president in Nic Kock, an advocate who has not been scared to take on CSA already in his short term in charge at Newlands.

But Eastern Province are led by a massive supporter of the Moroe/Nenzani axis in Donovan May, Boland have also been a backer through their president, Angelo Carolissen, although his second three-year term should be coming to an end soon. Border have a new president in Simphiwe Ndzundzu but sympathy for Nenzani would be understandable because he comes from the Bisho area.

South-Western Districts also have a long-serving president in Rudi Claassen, as do Free State (Zola Thamae, one of the directors) and Northern Cape (Rihan Richards). Northerns seem unsure of how to vote, mostly because their president, Tebogo Siko, has been newly elected on to the board and should not be blamed for the crisis. Easterns also have a new, young president in Xolani Peter Vonya.

Nenzani and his vice-president Beresford Williams, who has also strongly supported the regime, also have votes on the Members Council.

So because clubs wanting change in some provinces still have to wait two more years before they can outvote their president, change will be slow in coming via the traditional route.

Which is why I would call on any angel investors looking to get involved with Cricket South Africa to stipulate in their contracts that their sponsorships are dependent on the board changing.

And companies like Momentum need to follow through on their earlier ultimatums that they will withdraw their support unless the CSA board resign.

What will hopefully become a new era in South African cricket administration also desperately needs a change in governance structure so we don’t get into this sort of mess again. They had a chance in 2013 to get it right, hopefully in 2020 that chance will be taken and not dropped like a sitter at mid-off.

https://citizen.co.za/sport/sport-columnists/2265248/cricket-south-africa-clean-up-should-extend-to-the-board/

Two not entirely unconnected happenings in the world of cricket caught my eye this week: The first was an article (http://www.espncricinfo.com/magazine/content/story/1098043.html) on CricInfo about the looming player strike in Australia and how the relationship between their administration and their players has almost entirely broken down; the second was that Cricket Australia’s executive manager of broadcast, digital and commercial, Ben Amarfio, had come to South Africa and briefed local cricket stakeholders on their successes, in particular the Big Bash League.

The irony of the situation is that although the Big Bash League has been an enormous success in terms of crowds and television revenue, the damage it is doing to all other aspects of Australian cricket reminds one of the south Indian proverb that “nothing grows under the shade of the Banyan tree”.

The T20 competition might be going through the roof, but the rest of Australian cricket is not exactly excelling: results have been indifferent and the players are about to go on strike! The temptation to copy what they are doing should be resisted.

The dollar signs are already rolling in the eyes of Cricket South Africa when it comes to the new Global Destination T20 League that will debut on our shores next summer, but the actual economics of the event have been poorly communicated to many of the stakeholders who will hand over control of their stadia and players for the duration of the competition.

The state of the game in this country is currently strong, and CEO Haroon Lorgat was a well-deserved winner of the Leadership in Sport Business award at this week’s Sports Industry Awards, but the danger still exists that the lower levels of the sport, the foundation, will be ignored in favour of the riches that could suddenly become available.

We all know the immense damage done to the reputation of Cricket South Africa following the hosting of the IPL in 2009 and the money-grabbing associated with it, but our administrators seem to have short memories; how else can one explain the presence of disgraced former CEO Gerald Majola as an honoured guest, seated in the front row, at their own awards ceremony last week?

At the same awards dinner, it was noticeable that the prize for the best scorers association, previously included in the professional operations section along with the umpires, had been demoted to the amateur awards given out at the breakfast earlier on the same day. It may seem like a trivial matter – but it was certainly a slight felt by the scorers, who are an integral part of the game, just like umpires. It points to a lingering suspicion that CSA might just be undervaluing their foundations, the domestic base.

It is a fact that the best organisations look after the interests of all their people – their employees and stakeholders – and a prime example of this is the Northerns Cricket Union, who also held their awards luncheon this week.

Their Titans team is the best in the country, winning two trophies last season and narrowly missing out on the third, and that is partly because of the superb administrative structures that support the on-field performance. The Northerns team is also the dominant force in senior provincial competitions.

The administration is happy and productive because every person is treated well and with enormous respect; they are made to feel part of the success of the union and franchise. There is no greater measure of this than the fact that all the grounds staff, dressed in their Sunday best, were invited to the luncheon and the hug and kiss CEO Jacques Faul received from one of the housekeeping staff when she received her certificate.

Faul is an outstanding CEO who makes every one of his staff feel valued, and that is the secret to getting the best out of people, and the strong relationship between him and president John Wright, a true servant of sport, is also vital.

Cricket South Africa need to be warned that there is a danger of prioritising money over people and the overall well-being of the game of which they are trustees; when things are going well is probably the right time for this reminder.

*Altaaf Kazi, CSA’s head of media and communications, has pointed out, however, in response to this column that the scorers were never previously honoured during the live TV broadcast segment of the awards, whereas this year their award presentation from the breakfast was shown live on SuperSport. The reshuffling was due to the pleasing inclusion of three extra awards for women’s cricket.