Interim board faces battle with CSA’s many-headed beast

“Do whatever is necessary and appropriate in order to resolve or restore the integrity and reputation of CSA.” – sports minister Nathi Mthethwa gives the interim board the tallest order.

TELFORD VICE | Cape Town

A retired judge, a pharmaceutical executive, an election official, a governance expert and a forensic investigator walk into a cricket committee room and try to tell a googly from a thigh pad. This is not a joke. Instead it’s the make-up of the majority of CSA’s new interim board.

The other members are former ICC and CSA chief executive Haroon Lorgat, Omphile Ramela, who will relinquish his position as president of the South African Cricketers’ Association to avoid conflicts of interest, André Odendaal, a former chief executive of the Western Province Cricket Association, and Xolani Vonya, who resigned as president of Eastern Cricket Union at the weekend.

Zak Yaqoob, who was appointed to the Constitutional Court — the country’s highest court — by Nelson Mandela in 1998 and served until 2013, will chair the interim board. Andile Dawn Mbatha, an auditor who is the chief financial officer at the Independent Electoral Commission, and Nkeko Caroline Mampuru, the deputy head of the Special Investigating Unit, a government agency that specialises in anti-corruption, were also named. As was Stavros Nicolaou, a pharmaceutical expert and activist who is working with government to procure drugs and equipment in South Africa’s fight against Covid-19.

They were unveiled on Friday by South Africa’s minster of sport, Nathi Mthethwa, who made good on his promise to do so by the end of the week. Thus Mthethwa also followed through after saying he would intervene, which prompted the mass resignation of the former board on Sunday and Monday. Now for the hard part: cleaning up the administration of a sport that has fallen far from expected levels in a range of areas.

At a press conference in Pretoria that was relayed online, Mthethwa spoke of “public criticism on how cricket was conducting its affairs, particularly in the areas of leadership and governance, transformation, selection of teams, and so on, from various interest groups from within and outside cricket. CSA’s reputation continued to suffer with increasing calls for the board to step down. Instead of improving the situation was getting worse. It dawned on me that no matter how long we nudge cricket and delay the inevitable, we are going to be faced with that. Clearly there was no way that CSA was in a position to self-correct.”

The interim board has three months to put CSA on the straight and narrow, although its period in office could be extended “based on progress achieved”, Mthethwa said. CSA’s annual meeting, already postponed from September 5 to December 5, is in jeopardy: “In all practicalities, there’s no way that date for the AGM will remain.”

So far so reasonable. Because five members of the board do not come from organised cricket does not mean they don’t know the difference between a googly and a thigh pad, and a lot else about the game. Besides, this is not about cricket: it’s about fixing a system that has long been broken, often wilfully.

But doing so looms as a fight against a many-headed beast. A loud alarm should be raised by the fact that the new structure will report to CSA’s highest authority, the members council — which includes half of the 10 board members who resigned in disgrace just days ago. How does that not amount to the suspects in a trial also sitting on the jury?

Mthethwa said the interim board would “expeditiously deal with current governance systems, structures and procedures; including a proper consideration with the aim of implementation of the Nicholson report”. It would also “consider the Fundudzi report, its implications and consequences for CSA, … take any action recommended in the report, or actions that the interim board deems appropriate”. And “review all board decisions taken since 2019, … report on those decisions that require the attention of the members council, and to generally do whatever is necessary and appropriate in order to resolve or restore the integrity and reputation of CSA”.

The Nicholson report was the result of an investigation by a retired High Court judge, Christopher Nicholson, in the wake of the discovery that bonuses paid to CSA in appreciation of South Africa’s successful staging of the 2009 IPL were not properly declared to CSA’s governance committees. Nicholson found serious flaws in CSA’s oversight systems and recommended in his report in 2012 that the board be trimmed to nine elected members and be restructured to comprise a “majority of independent, professionally skilled, non-executive directors” and be chaired by an independent. That never happened, partly because the South African Sports Confederation and Olympic Committee — itself a model of maladministration — objected to all that independence. So CSA’s non-independents were able to keep control by reserving seven places on the 12-member board for themselves, one of whom would be the president.

The Fundudzi report encompasses all the calamities that befell cricket from 2016 to 2019. Several senior CSA staff were suspended last year, including Thabang Moroe, who was dismissed as chief executive in August after being found guilty of serious misconduct. So Lorgat’s inclusion on the interim board will not pass unnoticed. His departure as CSA’s chief executive in September 2017 was engineered by the faction that installed Moroe, and Fundudzi’s investigation would have covered most of the last two years of Lorgat’s tenure, which started in 2013.

Lorgat is a highly competent and experienced administrator who left CSA in a far better state financially than it is now, and there is little doubt his skills will prove valuable in his new role. But could his neutrality be questioned? The answer, perhaps, is that he is likely not implicated in the Fundudzi report. Cricbuzz understands he was never contacted by the investigators, and presumably if his name did come up in the report Mthethwa would not have agreed to his inclusion on the board.

Mthethwa would have had to make that decision because he is among the few people who have had the opportunity to see the complete Fundudzi report, which CSA has tried its best to keep under lock and key. Maybe not for much longer. “This thing where you have a report which is a secret document must come to an end,” Mthethwa said. “It must be understood, scrutinised. Implement the recommendations but be at liberty to look at the report itself critically, so that nothing is an area you can’t get into. If we are to turn around cricket we have to do things not conveniently. We have to have commitment and devotion to change the situation. If that means some toes will be trampled upon, so be it.”

Some of those toes could belong to Rihan Richards, who since Monday has been interim president of the members council. Certainly, on Friday he sounded like a man trying to stave off pain: “Eighty or 90% of those [Nicholson] recommendations have been implemented. The minister has specifically related the question around how the governance structures should work. Those matters have been taken aboard. The minister is aware of how we intend addressing this. This process has started long before the interim board was established. We have a very clear road map of how to it. The interim board will have an opportunity to review it. The should be no real or perceived conflict. Everybody can only serve on one body. You cannot sit on the board, the members council, and then still on the [provincial] affiliate. That proposal came from within our ranks and was agreed upon by all parties.”

Sounds good. Except that Richards was first elected to CSA’s board in 2013, and is still entrenched in the game as president of Northern Cape Cricket. He and his peers have had seven years to implement the most important of Nicholson’s recommendations, and haven’t done so.

Richards had the look of a desperate man as he buttonholed Mthethwa on their way off the podium, and whispered to him: “We must stay in contact as well. I have also extended a hand to the portfolio madam.” That would be Beauty Dlulani, the chair of parliament’s sports portfolio committee, on whose carpet CSA finds itself all too frequently.

Maybe the politics of the moment was beyond Richards. Mthethwa is serving his second term in the toy department of government after being demoted in 2014, a year he began as the much more important minister of police, which he came to after serving as minister of safety and security — also superior to the arts and culture job he took six years ago, and the sport component he inherited last year. He would seem intent on being conspicuous enough to merit a promotion at cabinet reshuffles to come.

South Africans have been down this road before. In January 2013, one of Mthethwa’s predecessors as sports minister, Fikile Mbalula, in announcing what became the Nicholson commission, said: “Whatever the retired judge recommends, I will implement.” He didn’t, of course. But Mbalula made enough noise in his time in sport to become minister of police. Even so, Mthethwa had better tread carefully on those targetable toes — Mbalula has since sunk to the level of transport minister.

An ambitious politician walks into a cricket club’s grubby dressingroom. Unimpressed, they look around nervously, and wonder what’s the quickest way out of there. They find a broken window, a flickering light bulb, a dripping showerhead, and ripped carpets. So they call a few repair people, and climb onto the roof to proclaim, loudly, what an effective politician they are. Relax. It’s a joke.

First published by Cricbuzz.

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In allowing CSA an easy escape, parliament failed cricket

“I don’t even know this person who you are talking about. Who’s that person?” – committee chair Beauty Dlulane fails to recognise the name of Naasei Appiah, who is mentioned 10 times in a summary of the Fundudzi report.

TELFORD VICE | Cape Town

CSA will hold its board’s feet to the fire for losing its way before, during and after the tenure of Thabang Moroe, who was not qualified to be appointed chief executive. But the findings of the forensic investigation that was used to sack Moroe and might yet cost others their positions will not be made public.

Also, the conflict of interest inherent in CSA’s upper structures must be undone, the game will be in trouble if international teams do not resume touring soon, and government should interfere in cricket if needs be.

That was the extent of the value of the almost four hours CSA spent discussing the Fundudzi forensic report with a parliamentary committee on Tuesday. For the rest, CSA were in the unusual position of appearing to be the more competent people in the room. Then again, the other people in the virtual room for the online meeting were shockingly out-of-touch with the state of the game — and thus woefully unsuited to their roles.

Although the oversight committee, comprised of MPs from a range of parties, was furnished with the 468-page report on Friday, it was apparent that most members hadn’t bothered to give the document more than a cursory glance.

On being informed that Naasei Appiah had joined the meeting despite having been being fired as CSA’s chief operating officer — a decision he says he will fight — Beauty Dlulane, the committee chair, said: “I don’t even know this person who you are talking about. Who’s that person?” Appiah is mentioned 10 times in the summary of the forensic report released on October 5, and presumably more often in the full version. If Dlulane had been familiar with either document she would have known who he is. 

Consequently, CSA’s representatives were able to deal easily with half-volleys instead of snorters and yorkers, correcting umpteen errors of fact committed by ignorant committee members as they went. The meeting was an exercise in worthlessness mitigated only by the contributions of Marius Schoeman, the CSA independent director who chairs its audit and risk committee.

“There is clarity that what happened happened under the watch of the board, and accountability rests with the board,” Schoeman said. “The board appoints the executive and has an oversight function. The current board has an accountability and a responsibility to address the findings [of the report]. No finding can be left and not be actioned on, and that’s the responsibility of the current board.” And the buck doesn’t stop with board members: “Every [CSA] employee who is implicated in the report will be addressed within the disciplinary code.”

When will the rest of us get a look at those 468 pages? “The report will remain confidential,” Schoeman said. “The feedback to stakeholders will be the actions that have been taken. We will not reveal details within the document. We will get a third-party assurance provider that will confirm that specific matters have been addressed.”

Much of the report deals with the failings of Moroe, who was dismissed in August. Should he have landed the post at all, considering he came to it from a midlevel position with a cellphone service provider? “As far as the question of the appointment of Mr Moroe, that he didn’t meet the minimum requirements, yes — you are correct,” Schoeman told a curious committee member. “It’s a finding that I find astonishing, in that one has minimum requirements. The report also indicates that the advertisement was different from the job description. In my experience those are things that should not happen.”

Much that shouldn’t happen does happen at CSA, not least because its highest authority, the members council where each of cricket’s 14 provinces is represented, also takes seven places on the 12-member board. That could change at the annual meeting, which is scheduled for December 5. “We realise that there’s much work to be done insofar as regaining the trust of our stakeholders, including the public,” Schoeman said. “One of the key factors, and it comes out of the report, is the inherent conflict of interest that exists because members of the members council are also board members. In terms of the members council charter and MOI [memorandum of incorporation] they have to act in the best interests of the affiliate members that has nominated them, but as a director they have to act in the best interests of CSA. I do not want to be in their shoes, because it’s difficult to wear those two hats. The priority is on doing what’s best for CSA, because the role of directors is governed by the Companies Act and overrides charters. Poor oversight, poor governance — it’s evident from the report; no doubt.”

Schoeman was supported by Dheven Dharmalingam, another CSA indepedent director, who said: “We need to make sure that, at the annual meeting, this board ends up with a majority of independent directors.” 

Dharmalingam, CSA’s finance committee chair, made the case for government to allow South Africa to host international teams again in the wake of the coronavirus lockdown: “If we don’t start playing cricket, we don’t earn content revenue [from broadcast rights] and we don’t earn our share of the profit from the ICC, [and] this organisation will be in trouble.”

Teams from countries that have high virus infection rates need government permission to visit South Africa. England, who CSA hope will arrive near the end of the year to play six white-ball matches and put up to USD4.2-million into the coffers, is such a country. Will they be allowed to come?

Not by the tone of committee member Nocks Seabi’s view: “CSA is a public entity. It is running cricket as a sport on behalf of South Africans. If there is a need for government to intervene in the interests of South Africans, we do so.”

Seabi is an MP for the ruling African National Congress, which also counts sports minister Nathi Mthethwa among its members. In a letter, seen by Cricbuzz, to CSA’s acting president, Beresford Williams — who was forced to recuse himself from Tuesday’s meeting because he is implicated in the report — Mthethwa rasps that Williams is “kindly reminded that as a sovereign country in which I am the minister responsible for sport … there is a raft of laws at my disposal that empower me to deal effectively with recalcitrant behaviour within my portfolio”. 

That authority includes the withdrawal of national colours, which would prevent South Africa’s teams from representing the country. As bad as things are, they could get worse. 

First published by Cricbuzz.

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Even pompous, parasitic, pathetic parliament is pissed off with CSA

South Africans who sat through this shambles of a parliamentary meeting were reminded, not for the first time, why they want their taxes back. And a new set of cricket suits while we’re at it.

TELFORD VICE | Cape Town

WHEN the sports portfolio committee of South Africa’s deeply dysfunctional parliament came face to face, virtually, with CSA’s heavyweights on Tuesday, they found themselves looking in the mirror. They didn’t like what they saw, and they said so.

For much of more than two hours, CSA was repeatedly branded as arrogant, disrespectful and undermining for failing to provide the committee with the full report on a forensic investigation into the ills afflicting a game that was in danger of destroying itself even before the pandemic arrived to hurry that process along.

By the end of the exercise, CSA had committed to complying with the committee’s demand to be furnished with the full report by Friday. “It’s a tipping point and a step in the right direction,” Marius Schoeman, the independent member of CSA’s board who chairs the finance committee and easily the most believable of all who attended Tuesday’s meeting, said of the parliamentary committee’s resolution. “The protocol to follow is that the members council will just be consulted and confirm that the board may release this report. It will be released in hard copy by Fundudzi [the firm that conducted the investigation] by Friday, close of business, 16 hours 30. If this is not done by 16:30 on Friday then I will resign.”

CSA received the document on July 31, but has resisted releasing it — including to the South African Sports Confederation and Olympic Committee (SASCOC), who asked for it — citing legal and governance implications. Lawyers acting for CSA prepared a summary, which was made public on Monday. Angered by that, and by CSA’s admission that minister of sport Nathi Mthethwa had been given a copy of the report, the committee demanded the document.

That an institution as low in the public’s esteem as parliament, for many the epicentre of corruption in the country, should feel emboldened to lecture others on the rights and wrongs of anything will be seen as an indication of just how far cricket has fallen. Or taken as an instance of politicians using the opportunity to take the heat off themselves by attacking easy targets. Either way, South Africans who sat through this shambles were reminded, not for the first time, why they want their taxes back. And a new set of cricket suits while we’re at it.

The unfunny comedy started with committee chair Beauty Dlulane issuing a bumptious soliloquy about CSA’s failure to deliver on a promise made to the same committee in June that it would make the report available once it was complete. “I respected cricket’s leadership when they said they were waiting and processing,” Dlulane began. “But the respect I have given you I didn’t see in return.

“You think that this report does not belong to the committee. Why should we wait, five months down the line? And instead of this committee being given the full report [a summary] goes to the public. I’m very disappointed with your leadership for disrespecting even the chairperson of this committee, who gave you chances when the members [of the committee] said I shouldn’t.

“You didn’t have the courtesy of thinking, five months down the line, that there is a committee of parliament that you were supposed to prioritise. I don’t take kindly to what you have done to me. I’m so disappointed in your leadership that, five months down the line, you have done this to us.”

That set the tone for too many versions of Dlulane’s view, interspersed with infantile squabbling and occasional nuggets of relevance. Like the director general of sport, Vusumusi Mkhize, saying, “I can confirm that the report was delivered directly to the minister personally to minimise risk of the information leaking.” And another independent member of CSA’s board, Dheven Dharmalingam, reminding all present that the findings of an investigation, even if they had led to Thabang Moroe being fired as CSA chief executive, were minor compared to what loomed in the real world: “We need to get our players back to playing. If we don’t, when do we earn our next rand? What the business of CSA is all about is selling content. If our players are not playing we’re not going to survive as an organisation anyway. And hundreds of people in South Africa who are reliant for their livelihood on CSA will be impacted.”

South Africa’s fixture lists, domestic and international, are blank — not only as a result of CSA’s ineptitude but also because the borders remain closed to travelling teams. There are serious doubts about CSA’s ability to run the game, but there is no doubt that Covid-19, and the regulations to combat the spread of the virus, could kill it.

That didn’t stop Eugenia Kula-Ameyaw, another of CSA’s independent directors, from wandering down a tangent and trying to argue that SASCOC, rather than parliament, should be furnished with the report: bizarre considering CSA was fighting desperately against doing exactly that just days ago. Kula-Ameyaw’s proposal was summarily shot down, prompting Dlulane to pronounce: “The more time we give you to talk as individuals, I’m suspecting you don’t understand what you want to do.”

At least she got that right.

First published by Cricbuzz.

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