Ken Borland

The fact that the Springboks will be missing the defence of their Rugby Championship title – and any international rugby at all this year – is obviously terrible but it is a courageous and correct decision by SA Rugby.

The fact that, for once, the players were not thrown under the bus, sacrificed on the altar of financial gain, speaks volumes for the integrity and willingness to do the right thing for the game of the people who made that extremely tough decision.

Yes, not playing in the Rugby Championship is going to mean South African rugby, already bleeding due to the Covid-19 pandemic, is going to lose out on millions of rand. Fortunately some of the financial blow will be mitigated by some clever work in negotiation that has a clause written into the Sanzaar contract that if a country is unable to play due to circumstances beyond their control, then they still get a share of the revenue.

It is precisely that sort of integrity and willingness to act for the greater good of the game that is entirely missing from the Cricket South Africa Board.

What can we say about a person’s integrity and service to cricket when the forensic report they personally played a role in instituting implicates them in wrongdoing; and when both Sascoc, the controlling body for all high-performance sport in this country, and the Minister of Sport call for them to stand aside to allow for a proper investigation; but they stubbornly refuse to go, even at the risk of the ICC suspending the Proteas from international action?

As someone who has covered top-level cricket and rugby in this country for more than 25 years, I cannot escape the irony of where SA Rugby stands at the moment in terms of public credibility in comparison to Cricket South Africa.

CSA used to be leading the way in terms of transformation and good governance, and the Proteas, despite their miserable World Cup record, were consistently amongst the top three in global cricket. Rugby, slow to transform and with the tail (all the minor provinces) wagging the dog in terms of decision-making, delivered World Cups in 1995 and 2007, but there were many dark times on and off the field in between and after.

One of rugby’s lowest moments came when they tried to take on government, even forcing Nelson Mandela to testify in court. They took a long time to recover from that disgrace.

But with Rassie Erasmus and Jurie Roux leading the way, a third World Cup title was won last year with a marvellously transformed team that was loved by the public at large.

Rugby has learnt the lesson that you should never pick a fight with the sports minister: you might win a battle, but you will definitely ultimately lose the war. The arrogant CSA Board, judging by the awful letter acting president Beresford Williams sent to sports minister Nathi Mthethwa, clearly still need to learn this lesson.

The ICC may be the global governing body of the sport, but they are generally reluctant to get involved in the affairs of their individual members. In fact, they will only step in if a member complains to the ICC itself, which is why there have been numerous thoroughly dysfunctional administrations about which nothing has been done.

Haroon Lorgat, the former chief executive of both the ICC and CSA, has also drawn the important distinction between government interference and intervention. By forewarning CSA and the ICC – he gave them a very generous two weeks grace – Mthethwa has signalled that his stepping in is an intervention rather than interference. There are very few people other than the CSA Board who will not consider it a welcome intervention, so long and revolting this imbroglio has become.

Mthethwa issued his statement, which is one of the most dramatic in South African cricket history, on Wednesday. By Friday afternoon we were still waiting for any response from CSA to what amounts to a massive motion of no confidence in the organisation.

Perhaps they don’t know what to do, given the rank incompetence of so many of their directors. Well here’s a suggestion for the obstinate CSA Board: Do the right thing.

In my mind that involves anyone implicated in the Fundudzi Forensic Report immediately standing down, so Sascoc can do a thorough investigation of CSA’s affairs without these self-serving, power-hungry administrators  continually being in the picture.

That’s the sort of compromise that might just get Mthethwa off cricket’s back and stop him from doing something that could really lead to catastrophe for the sport.

For the sake of cricket, the game you have all professed to love so much, please just stand aside.

Cricket South Africa’s Members Council, having studied a summary of the Fundudzi Forensic Report over the weekend, have decided that whatever the governance failings of the Board of Directors were, they are not terrible enough to warrant them stepping aside ahead of the AGM, which has to be held by November 5.

The 14-strong Members Council includes seven members of the Board, an awful structural defect which perhaps made stronger action impossible. Nevertheless, there does seem to be a strong desire for change in CSA’s governance structures and how the Board is constituted. The weekend bosberaad decided that CSA’s Memorandum of Incorporation is to be revised with special attention given to the composition and roles of the Members Council, the Board of Directors and executive management.

But it is the current Board who will be responsible for the implementation of these changes before the AGM.

“The summary of the forensic report was quite comprehensive and covered all the burning issues. Just the litigation-sensitive stuff was kept from us on the advice of legal counsel from Bowmans Gilfillan so as to protect the case they are building against the relevant people. But there was not much in there that should affect the appointment of directors. Not many of the responsible people remain on the Board.

“There are things that could have been done better and some decisions made by the Board were not great. But often they rely on senior management to feed them the information, you trust that information to be correct and then six months later when you discover that it is not, then it’s too late. But I can’t really see why it was kept from the public,” a Members Council delegate told The Citizen on Sunday night.

The Members Council will now have their meeting with Sascoc, who have called for the Board and executive management to stand aside and allow the independent task team they are appointing to conduct an investigation into the affairs of CSA, on Monday evening.

But the practicalities of who would actually be in charge of the operations side of CSA, as well as what is seen as “quite an aggressive overstep by Sascoc”, makes it unlikely that CSA will agree to the Sascoc demand for directors to step aside.

A date for the AGM, originally scheduled for September 5, has not been finalised, but the controversy over the nominations process for new directors was discussed. The process will now be overseen by an interim selection panel comprised of people from both within and outside the game.

The proposed changes to the MOI will all need to be ratified at the AGM.

Cricket South Africa president Chris Nenzani on Tuesday night denied that the organisation was afflicted by terrible chaos but admitted that the delays in holding former CEO Thabang Moroe’s disciplinary hearing were not good for the game, although unavoidable to ensure correct procedures were followed.

Moroe was suspended in December pending the outcome of a forensic investigation, and last week returned to the CSA offices, purportedly to ‘return to work’ as he believed his suspension expired after six months. This happened after the South African Cricketers’ Association, the players’ union, warned that the CSA Board lacked the will to finalise Moroe’s case.

CSA’s former Head of Sales and Sponsor Relations Clive Eksteen, who was suspended by Moroe in October and fired by CSA at the weekend, on Tuesday announced that he would be taking the organisation to the CCMA for unfair dismissal.

“I don’t think Cricket South Africa is in chaos although there are challenges we have to go through. We have to make sure we deal with certain in-house issues so they don’t impact on the game. We hoped by now that we would have been able to announce the outcome of the investigation into Mr Moroe, but unfortunately not and there is great disappointment over that at Board and Members Council level. It is not desirable that it take so long and we will take the necessary action to ensure CSA are protected.

“But I ask for understanding because we must complete a forensic investigation that meets the highest levels of governance and that is time-consuming. We have been promised by the investigators that the first part of the report will be ready by Friday and the Members Council will then decide the way forward. But set processes need to be followed so we don’t fall foul of the law. I can assure that the terms of reference of the investigation are as exhaustive as possible, but it is not common practice to make them public,” Nenzani said in a virtual press conference on Tuesday evening.

While Nenzani did his best during an hour-long conference to depict all CSA’s cups as being half-full, the organisation’s president since 2013 admitted that he should not have extended his record tenure by another term.

“One of the things I would have done differently in hindsight is that I would not have agreed to serving as president for an additional year. I regret that. But when you are an elected official you have an obligation to serve and so when the Members Council asks you to continue then you subject yourself to that. But the term of the president will come to an end in the AGM in September,” Nenzani said.

The Bisho schoolteacher refused to deny, however, that he has his eye on the position of International Cricket Council Chairman.

“As far as the position of chairman goes, the ICC has issued a moratorium on people expressing a desire for that post. They haven’t even opened the process of nominations yet, so it would be premature to make any declarations of being available or not being available,” Nenzani 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.