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Ken Borland



Majola withdraws from ‘illegitimate’ hearing 0

Posted on October 17, 2012 by Ken

Suspended Cricket South Africa CEO Gerald Majola on Wednesday withdrew from the organisation’s disciplinary hearing against him, rejecting the lawfulness of the proceedings and preferring to go directly to the Labour Court.

Majola is denying allegations of misconduct over bonuses he received without proper clearance and his lawyer, Pumezo David, told Business Day that the entire disciplinary process is illegitimate.

“We feel there are fundamental points that are unfair to Mr Majola in that the establishment of the Nicholson Inquiry by the minister of sport was unlawful and it’s only because of that inquiry that CSA instituted disciplinary proceedings.

“The minister exceeded his powers according to the Sports and Recreation Act. Section 13 (5) does not give him those powers, it’s limited to him referring a matter to mediation or issuing a directive. The hearing therefore emanates from an unlawful act and therefore cannot be fair or legal,” David said on Wednesday.

CSA’s lawyer, Nicholas Preston, said, however, that Majola was merely trying another ruse to cover up the dirty truth.

“He said he wanted a forum to clear his name and now he’s decided to withdraw from it! This process started close on two years ago and he has participated up till now. They’ve sat on this decision for a while and they’re only crying foul now when things are going against him,” Preston said.

Preston said Majola’s withdrawal from the disciplinary hearing would have no effect.

“The law provides for us to proceed without the accused, but the chairman of the hearing [Advocate Karel Tip] made it 100% clear to both parties that he will examine CSA’s evidence and make sure the case is heard properly even without Majola being present. His independence is unquestionable and, in fact, he tested some of our evidence most thoroughly today,” Preston said.

The CSA lawyer said he did not believe Majola’s chances of gaining relief from the Labour Court were very good.

“The Nicholson Inquiry was properly appointed even though Gerald argued against that both at the advisory award and at this hearing. Both John Myburgh [advisory hearing] and now Karel Tip have dismissed that argument,” Preston said.

David said Majola’s withdrawal certainly did not signal a throwing in of the towel by the former CEO.

“We will be laying down our challenge to the Labour Court and obviously they can review and set aside any decision made by the disciplinary hearing,” David said.

 

SA rugby’s archaic structure marring the game 0

Posted on September 09, 2012 by Ken

Suspended Cricket South Africa CEO Gerald Majola may or may not have committed a crime when he marred that sport’s reputation so badly, but in a way the whole bonus scandal did the game a favour; it has ensured a revamp of its administrative structure, belatedly dragging it into the professional era.

Cricket South Africa have announced they intend to restructure their board to comprise five independent directors and five drawn from their Members Forum (the 11 provinces), which had me thinking the pressure is now firmly on the South African Rugby Union to do the same.

The whole shameful handling of the Southern Kings vs. Lions Super Rugby situation is a direct consequence of the archaic structure of South African rugby. The General Council, comprising representatives of the 14 provinces (CSA don’t include Northern Free State, Mpumalanga and South-Western districts), watches over the game in this country and they had the final say when it came to next year’s participation in the Sanzar tournament.

But many of these 14 gentlemen are tin-pot dictators and, almost without exception, they all concentrate on the individual interests of their province rather than the broader good of South African rugby. And then there is the anomaly that the smaller unions (those in the Currie Cup First Division) have the same power as Western Province or the Sharks and consequently have been known to sell their loyalty/vote to the highest bidder.

Lions President Kevin de Klerk inherited a union that was in an absolute mess and on the verge of bankruptcy. De Klerk, the former Springbok lock, is a thoroughly decent man but his battle to keep the Lions in Super Rugby was doomed to fail because he based it on good old amateur rugby principles of “fair play”, “what’s good for the game” and a handshake being a firm agreement.

His problem was that the other unions – even those that had pledged their support – were only ever going to look after themselves. De Klerk had hinted at the five Super Rugby unions banding together to save the Lions, but in the end the Gautengers have been banished.

They’re singing a sad old song at Ellis Park these days, but their own naivety and desperately poor results have been partly to blame. They now find themselves in the mud at the bottom of the pond but, just like the Natal Rugby Union did in the 1980s when they were relegated to the Currie Cup B Section. The Lions have to find a way to rise like a Lotus flower and restore their reputation as one of the finest teams in the country.

And what of the Kings’ chances in Super Rugby?

Cheeky Watson, the president of the Eastern Province Rugby Union (Epru), admits that there is still plenty to do.

“The important thing for us is to deliver a professional team that attracts attention, which we have succeeded in doing, and now it’s time to build the foundational structures: our academy, a working relationship with the (Nelson Mandela Metropolitan) university, and to put structures in place at the bottom.

“With 120 clubs spread all across the region and wonderful schools, this is a sustainable franchise. A lot of building still has to be done, but that cannot negate the fact that the foundation is unbelievably strong. It’s just to get the two to meet: the professional team and the foundational structures,” Watson told SA Sports Illustrated.

Much has been made of the Southern Kings’ transformation credentials, that they will provide a lot of black rugby players to the national cause.

But scratching beneath the surface, transformation does not seem to have been a roaring success in the Eastern Cape either.

Ithembelihle High School in New Brighton Township is probably the most successful black schoolboy rugby team in the country. But despite beating the likes of Framesby, Newton, Despatch, Muir College and Daniel Pienaar Technical High, and proving themselves to be competitive in the Grey High Easter Festival, Ithembelihle complain that Port Elizabeth’s white schools no longer want to play against them and that they have received precious little support from the Epru.

One look at their facilities seems to prove the point. Sports Illustrated reported they did not have a scrum machine and that their field resembled “a stony sandpit in summer, a lake in winter and a subtropical grassland in between”.

And why is this river of black talent not flowing into their provincial teams?

Last weekend, the EP Kings fielded just three Black Africans – Mpho Mbiyozo, Jongi Nokwe and Siyanda Grey – in their 22-man squad for the match against the Valke.

The Border Bulldogs were marginally better with four, while the combined figures for the two teams at U19 (8/44) and U21 (10/44) level suggest the Kings need to concentrate on transformation as much as anyone else.

Of course, the big five unions have relied on Eastern Cape talent, especially to boost their player-of-colour numbers, for many years. But they clearly figured out that if they turned their back on the Lions, another source of players, with more top-level experience, would suddenly become available.

Flyhalf Elton Jantjies has been on a mini-tour of the country in recent days to check out where he should sign on the dotted line and the likes of Pat Cilliers, Franco van der Merwe, Jaco Taute, JC Janse van Rensburg and Derick Minnie will surely soon be on their way too.

And, in a competition where the local derbies have been notoriously tough, who is more likely to beat the Bulls – the Lions or the Southern Kings?

I know who my money would be on.

http://dailymaverick.co.za/opinionista/2012-09-07-sa-rugbys-time-to-enter-21st-century

Mitchell suspended due to player complaints 0

Posted on June 27, 2012 by Ken

 

Lions coach John Mitchell has been suspended with immediate effect due to the complaints of the players, SuperRugby franchise president Kevin de Klerk said on Saturday.

Mitchell, the former coach of the All Blacks and Perth-based SuperRugby team the Western Force, will now face a disciplinary inquiry by the board of the Johannesburg-based franchise.

“John Mitchell has been suspended pending an investigation, after complaints from the players,” De Klerk confirmed to Reuters on Saturday.

“The complaints of the players are quite serious and it’s not just from one or two players, it’s a very substantial number which we cannot take lightly. As the custodians of Gauteng rugby, we are responsible to our staff and the well-being of our players.”

While De Klerk, a former Springbok lock, said he could not elaborate on the complaints due to the sub-judice nature of the investigation, they are believed to revolve around Mitchell’s management style.

The New Zealander has had a simmering relationship with media and sponsors, and local newspapers have reported anonymous players alleging verbal abuse by Mitchell. The 48-year-old has also publicly criticised individual players.

Mitchell joined the Lions in mid-2010 and steered them to the Currie Cup title last year, but their SuperRugby form has been poor with the Lions being South Africa’s worst-performing franchise over the last two years and set to be replaced by the Southern Kings next year.

Assistant coaches Carlos Spencer and Johan Ackermann will now take over the coaching reins as the Lions return to SuperRugby action next weekend.

Majola faces civil & criminal investigations 0

Posted on April 27, 2012 by Ken

 

The noose tightened on suspended Cricket South Africa (CSA) chief executive officer Gerald Majola on Thursday as sports minister Fikile Mbalula announced he was facing both a criminal investigation as well as a civil claim for the repayment of illegal bonuses paid to him by the Indian Premier League (IPL).

Mbalula met with CSA in Johannesburg on Thursday to discuss the further implementation of the recommendations of the Nicholson Committee of Enquiry, which he appointed in October, into allegations of irregular bonus payments and poor corporate governance against Majola.

Judge Chris Nicholson announced on March 13 that Majola had “surreptitiously” received 1.8 million rand (174,000 euro) in unauthorised bonuses from the IPL, as well as irregular travel expenses, in contravention of the Companies Act.
Nicholson recommended that Majola be suspended, the bonus money be recovered and that CSA undergo restructuring of their board and governance processes.

Majola was suspended by the CSA board on March 17, with Jacques Faul appointed as the acting CEO and Willie Basson as acting president.

“We’re satisfied that CSA are implementing the Nicholson recommendations,” Mbalula told a news conference on Thursday. “But the recovery of bonuses was also a very clear recommendation and a civil process will be launched by CSA and included in the disciplinary commission against Majola.

“The Hawks [South Africa’s Directorate for Priority Crime Investigation] have also been to CSA and are in the process of their investigation. They’re on top of it, but we don’t know the outcome yet. We have to respect the process because it’s not up to us to arrest people. It was a smooth operation, not done Hollywood style, because that way things get done properly,” Mbalula said.

Mbalula said that for the sake of “stability”, the CSA board of directors would remain in place until the next annual meeting in September.

“It’s just a few months to go for this board and then they can get a fresh mandate. We wanted to address the issues and bring stability to cricket. If we had asked the board to resign, then certain things would not have been done; they’ve put the process in motion,” Mbalula said.

CSA had also agreed to launch a special fund for transformation on May 8, while the steering committee in charge of restructuring their board would now include representatives from the department of sport and the South African Sports Confederation and Olympic Committee (Sascoc).

The chairman of the disciplinary enquiry into Majola has been appointed by the Bar Council and will be John Myburgh SC, while CSA will now approach the Bar to appoint the prosecutor. Mbalula said the deadline for “the completion of the disciplinary procedure is May 31”.

“The board accepts they could have played a better role at the time they were called to do so, but there has been no resistance in going through this process and we are satisfied that we have done our duty,” the sport minister said.

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  • Thought of the Day

    Philippians 2:13 – “For it is God who works in you to will [to make you want to] and to act according to his good purpose.”

    When you realise that God is at work within you, and are determined to obey him in all things, God becomes your partner in the art of living. Incredible things start to happen in your life. Obstacles either vanish, or you approach them with strength and wisdom from God. New prospects open in your life, extending your vision. You are filled with inspiration that unfolds more clearly as you move forward, holding God’s hand.” – Solly Ozrovech, A Shelter From The Storm

    But not living your life according to God’s will leads to frustration as you go down blind alleys in your own strength, more conscious of your failures than your victories. You will have to force every door open and few things seem to work out well for you.

     

     



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