Ken Borland

While sports minister Nathi Mthethwa praised Cricket South Africa on Friday for the establishment of their Social Justice and Nation-Building (SJN) project, he also used the launch as a convenient time to call for the organisation to release the forensic report into fired former CEO Thabang Moroe and called for the election of fresh leaders at the AGM on September 5.

CSA on Friday announced that Advocate Dumisa Ntsebeza, a man of significant stature who has served as an acting judge, a Truth and Reconciliation commissioner and is a sought-after legal academic overseas, will be the ombudsman and face of SJN. They also announced nine ambassadors who will help foster the transformation and nation-building objectives of the project in their communities – former Proteas Dinesha Devnarain, Shandre Fritz, Gary Kirsten, Lance Klusener, Marcia Letsoalo, Nulubabalo Ndzundzu, Makhaya Ntini, Geoff Toyana and Monde Zondeki.

The good news of the SJN launch followed the day after Moroe was formally fired with immediate effect by CSA, having been suspended since early December. The CSA Board have refused to make public, even to their own Members Council, the forensic report upon which Moroe’s verdict of being guilty of misconduct was based, but Mthethwa said on Friday in an online address that he expects the organisation to table the report when they meet with him next week.

Many critics believe the CSA Board don’t want to release the report because they are implicated in the same wrongdoing for which Moroe was dismissed.

“I am pleased with the move to establish the SJN project, it is a step in the right direction in the fight for transformation and they heave heard the cries of their ex-cricketers and listened to people like former president Ray Mali on how hurt he is about cricket. This will fight any sort of exclusion, South Africa is so rich in talent but we are not employing our full capacity.

“But when we meet next week for me to respond to CSA’s turnaround plan and the corrective steps they are going to take for the challenges they are facing, I also expect them to share with me and government the forensic report they promised last year to show me when it was available. I look forward to that and then the AGM is in CSA’s hands.

“But the leaders elected should be beyond reproach. Government would frown upon people being elected with questionable credentials. There is a cloud gripping cricket and they definitely need to make a clean move away from that. I would not be happy with a process that is opposed to that,” Mthethwa said.

The irony of a government minister saying CSA should not elect leaders of dubious integrity was exacerbated by where the launch was held, which will also be the location of the ombudsman’s office – Olympic House – the home of Sascoc, themselves embroiled in numerous governance scandals.

Nevertheless, Dr Eugenia Kula-Ameyaw, the CSA independent director in charge of transformation, had reason to be enthusiastic about the new body they have rapidly formed in response to the racial storm that has tarnished South African cricket. But despite the impressive figure in charge of SJN and the good intentions shown on Friday, the power that will determine the success of SJN, and whether it will actually improve the lot of future marginalised cricketers, lies with the CSA Board.

“The ombudsman will recommend to the Board what action should be taken, but the aim of the SJN is to engage, heal and restore. If we are mature enough then we can find something positive out of what is revealed, we do not want a legalistic approach. We will be looking at legacy issues and the lessons from the ombudsman will inform how we move forward. “We will support transformation in the rural areas, aggressively, and it’s all about how we make sure those issues do not happen again. The SJN will be integrated with the transformation committee, but as someone said, our future cricketers are not born to be part of what failed. This time around we really will transform and we have to make sure that it is not just on paper but seen on the field,” Kula-Ameyaw said.

Cricket South Africa on Thursday officially parted ways with their chief executive Thabang Moroe, announcing that he has been fired with immediate effect for serious misconduct, but the size of his misdemeanours is only likely to be revealed in the coming months as the dismissed administrator’s legal team have already indicated they will fight his axing in court.

CSA’s brief statement on Thursday said the “decision was based on expert external legal opinion supported by the findings emanating from an independent forensic investigation” but they gave no details of what exactly Moroe had done wrong. And the CSA Board have already rebuffed requests for the forensic report to be made public, including from their own Members Council, which is scheduled to elect a new Board on September 5.

Many believe the report implicates the Board in many of the things Moroe has been punished for, a perception his legal team have supported.

At the time of his suspension, way back in December, Moroe had presided over a huge deterioration in CSA’s relationships with key stakeholders such as the players’ union, sponsors and media. He was also accused of excessive credit card spending and procurement irregularities.

The forensic investigators, Fundudzi Forensic Services, interviewed a range of stakeholders before submitting their report in May, since when CSA have supplied numerous different excuses for not finalising the matter more timeously.

Tellingly, Moroe did not avail himself of the opportunity to be interviewed by Fundudzi, a point CSA were quick to highlight in their statement on Thursday.

“Mr Thabang Moroe was offered sufficient opportunity to provide representations to the independent forensic auditors and to the Board regarding the allegations of misconduct, which opportunity he failed and/or refused to utilise,” the statement read.

Moroe’s legal team are likely to include this in any legal action they take, given that they also targeted the chairperson overseeing his disciplinary hearing, demanding that they be replaced by an independent figure.

As much as the CSA Board may now believe the Moroe matter is done and dusted, there are numerous parties who are determined to ensure the forensic report is made public, and the axed CEO will certainly be using it in his defence. The behaviour of the CSA Board will then be in the spotlight.

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.