SACA to sponsors: sorry about the suits

“We apologise for the actions of our administrators who have undermined and betrayed your commitment to the sport.” – a SACA statement signed by Dané van Niekerk, Temba Bavuma and Dean Elgar.

Telford Vice | Cape Town

CRICKET’S reputation in South Africa plumbed new depths of fear and loathing on Monday when the players apologised to the sponsors for the performance of the administrators, whom they accused of having “undermined” and “betrayed” the game’s financial backers. That came a day after government promised to take action in the face of CSA breaking its word by refusing to ratify a revised constitution that would allow for a majority independent board.

Nathi Mthethwa, South Africa’s sports minister, is poised to withdraw CSA’s funding and its privilege of calling its teams national representatives, which he is empowered to do by law. In a release on Sunday government said it had been “left … with no further option” in the wake of CSA’s highest authority, at a meeting on Saturday, reneging on its April 10 agreement to adopt a new memorandum of incorporation that guarantees more independent directors than those burdened — and possibly compromised — by vested interests.

In a release on Monday the South African Cricketers’ Association (SACA) said: “As players we wish to speak directly to the many sponsors of our beloved game … [and] … recognise and acknowledge that your involvement in the game supports our careers and provides funding for the development of the game throughout South Africa. We apologise for the actions of our administrators who have undermined and betrayed your commitment to the sport.” SACA damned the decision taken on Saturday as having been made in “bad faith” and said it was “disrespectful not only to [Mthethwa’s] office, but to all cricketers and the public”. The statement was signed by SACA president Khaya Zondo and all of the national captains: Dané van Niekerk, Temba Bavuma and Dean Elgar. 

Should Mthethwa exercise his authority CSA could complain about interference to the ICC, which could suspend the country’s teams from international competition. Either way South Africa seem set to be banished from cricket’s most important arena.  

“Government intervention in the sport will have dire consequences, the full extent of which we do not yet know,” SACA’s release said. “These outcomes will in turn impact touring, broadcast rights and sponsorship deals. Ultimately the financial viability of the game will suffer and cricket at all levels will be severely prejudiced.”

CSA has been procrastinating about improving its upper structures since 2012. Currently most of the seats on its board are reserved for administrators who also sit on its highest authority, the members council, which is made up of the presidents of its 14 provincial affiliates and associates. That means the suits are free to police themselves, which has led to serious lapses of governance. In 2012 an investigation into bonuses paid to CSA in recognition of its successful staging of the 2009 Indian Premier League lost their way through the books. The discovery of that catastrophe prompted the Nicholson investigation, which recommended a majority independent board. CSA agreed to follow that advice but has since found ways to weasel out of their commitment.

“The members council has now acted contrary to the wishes of the minister, the Nicholson recommendations, King IV governance principles, and international best practice — how can this be in the best interests of our game?” SACA’s release railed. It implored the public to “continue to support cricket. It is the most wonderful game, and we are immensely proud to represent you on the field.”

SACA’s stance is perhaps the strongest taken since September 2017, when CSA appointed Thabang Moroe as chief executive in an acting capacity — the crack of the starting pistol for South African cricket’s race to the bottom.

First published by Cricbuzz.

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Mthethwa to act after CSA suits renege on deal 

“Any failure to ratify the agreement by the members council can only be interpreted as acting in bad faith.” – South African sports ministry

Telford Vice | Cape Town

SOUTH Africa’s upcoming visit to the Caribbean could be in jeopardy in the wake of CSA’s highest authority reneging on their agreement to adopt a new constitution. West Indies are due to host them for two Tests and five T20Is in June, but by then the Proteas may not be the country’s officially recognised team.

A government release on Sunday said sports minister Nathi Mthethwa had been “left … with no further option but to exercise his rights in terms of section 13(5) of the Sports Act”. That law allows Mthethwa to strip federations of the privilege of calling their teams national sides and to stop funding them.

On April 10 a CSA release said a “majority of the members council [had decided to] accept the principle of a majority independent board led by an independent chairperson”. At a special online meeting on Saturday the council, comprised of the presidents of CSA’s 14 provinces and associates, refused to do what it had said it would do: it voted against the motion.

That means cricket in South Africa remains structurally unsound. Seven of the 12 places on CSA’s board are reserved for the members council, leaving the door open for cronyism and the kind of poor governance that has led to cricket losing major sponsors and damaged its relationship with broadcasters.

An interim board, established with government help and appointed after the elected board laden with council members was persuaded to resign, has been in place since November. The new board’s chief mandate is to fix CSA’s faulty memorandum of incorporation (MOI). On April 10 it seemed that was about to be achieved. On Saturday the glimmer of hope was dashed.

Council member Donovan May — a member of the dysfunctional elected board that was pushed out of office — proposed that Barry Hendricks, the president of the South African Sports Confederation and Olympic Committee (SASCOC), be allowed to address the meeting despite the fact that Hendricks was in attendance as an observer only. Hendricks demanded that the new MOI be sent to SASOC “for approval before it is signed off”, and threatened to “suspend, fine and terminate the membership” of CSA if that did not happen. SASCOC, which serves as an interface between sport and government, is itself beset with reputational damage caused by financial, corruption, sexual harassment and governance scandals. But it has the authority to do what Hendricks said it could.

So Mthethwa’s hand is being forced. Sunday’s release spoke of his “disappointment at the failure of the CSA delegates to adopt the revised MOI”. Clearly, government sees the members council as the rotten apple in the barrel: “The revised MOI … constituted an agreement between the CSA members council and the interim board. Accordingly, any failure to ratify such an agreement entered into by a duly authorised members council representative can only be interpreted as acting in bad faith.” Mthethwa “will be taking the necessary steps required to exercise his rights in terms of the law prescripts next week”.

If he decides CSA’s teams are no longer the country’s national sides, CSA could lay a complaint of interference with the ICC. Should the ICC concur, it could suspend CSA’s membership. Then Mthethwa looks like the bad guy and the members council would have the ammunition to get him to back down. But Mthethwa has previously explained his actions to the ICC, which has been silent on the issue. That amounts, many would think, to the ICC’s tacit approval of what Mthethwa has done so far. And the ICC has enough precedent of state involvement in cricket in Pakistan and India to cover itself and justify backing Mthethwa.

The members council has a clear vested interest — which is also a clear conflict of interest — in continuing to make its own rules and mark its own homework. It is notorious for resorting to stalling tactics to cling to power and its trappings. In an echo of what happened on Saturday, in August 2012 CSA pledged to “implement the letter and spirit of the recommendations contained in the Nicholson report”. That has yet to happen, not least because Nicholson calls for a majority independent board.

Mthethwa and the ICC are the only figures in this saga who can neuter the members council, which must be done for the game to emerge from years of increasing ruin. It’s time to see who blinks first.

First published by Cricbuzz.

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Suits cave to majority independent board. Or do they?

That CSA’s members council appears to have remained recalcitrant in the face of South Africa’s teams being withdrawn from the international arena speaks volumes for its unsuitability as a custodian of the game.

Telford Vice | Cape Town

THE lights have finally been turned at CSA, whose members council has agreed — after almost nine years of stalling — to accept a board consisting of a majority of independent directors that is chaired by an independent.

A government release on Saturday said the “two main sticking points standing in the way of the members council and interim board finding common ground have now been successfully resolved”. That had happened because “the members council reconsidered their position on the desirability of both an independent chairperson as well as a board that comprises a majority of independents”.

The members council is comprised of the presidents of CSA’s provincial affiliates and associate members, and is the organisation’s highest authority. But, in terms of the current memorandum of incorporation (MOI), seven of the presidents are also guaranteed places on the 12-member board and one of them leads it. The danger of dodgy dealing taking root amid such incestuousness came true when bonuses paid after the 2009 Indian Premier League, which was staged in South Africa, were not properly declared to CSA’s governance committees.

That led to an investigation by a retired judge, Chris Nicholson, who in March 2012 recommended the restructuring CSA has apparently accepted. But not before years of shoddy financial and governance practices dragged the game’s name through the mud. And not without the members council showing enough arrogance to try to cling to power even in the past few weeks. So much so that, in a March 31 release, sports minister Nathi Mthethwa was quoted as saying he was “being dared to take executive action” by the council. Mthethwa has the authority to withdraw CSA’s funding and its privilege of calling its teams national representatives, which would take South Africa out of the international arena. That the members council appears to have remained recalcitrant in the face of that dire possibility speaks volumes for its unsuitability as a custodian of the game.

“Whilst the two parties are still going to work out the detail required, this agreement paves the way to the adoption of a revised [MOI] that will hopefully be adopted at the next annual meeting [scheduled for April 17],” Saturday’s release said. Mthethwa was quoted as saying: “As has been my position since the appointment of the interim board, I regard this breakthrough as the end of my involvement in the current process. As the two points of difference were the main obstacles threatening the [annual meeting], I have no doubt that the requisite numbers needed to adopt the MOI by the [annual meeting] will be achieved. The ball is now in the hands of the two parties.” The interim board was appointed with Mthethwa’s help in November after the elected board had been persuaded to resign. The members council fought those developments, too. And lost, too.

“It is envisaged that the acting president [Rihan Richards] and the interim board chair [Stavros Nicolaou] will get together soonest in order to not unduly prejudice the agreed timelines and roadmap leading to the election of a new board for CSA [at the annual meeting],” the release said. That would “enable the interim board to meet their target date to give a comprehensive report, before the [annual meeting], which outlines progress achieved on all the nine points contained in the mandate given to them by the minister on their appointment”, which would mark the end of the interim board’s tenure.

Light at the end of a long, dark tunnel, it would seem. Or not. “The board of directors of CSA held a joint meeting with its steering committee in Johannesburg on Saturday and made major progress in implementing the recommendations of the Nicholson committee of enquiry,” a CSA release said. “This is in accordance with the memorandum of agreement signed between CSA, Sport and Recreation South Africa and the South African Sports Confederation and Olympic Committee to implement the letter and spirit of the recommendations contained in the Nicholson report.” That release is dated August 11, 2012.

And here South African cricket is nearly nine years later, still trying to get the suits to be true to their word. So the plot might have a few twists left in it yet. From experience, this isn’t over. 

First published by Cricbuzz.

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Race ombud faces struggle at stubborn, disunited CSA

“I don’t have a magic wand and I’ve not been mandated to carry a big stick and go after people and get them to do things I said need to be done.” – Dumisa Ntsebeza on the chances of CSA implementing the SJN’s recommendations.

Telford Vice | Cape Town

DUMISA Ntsebeza, the newly appointed ombud of CSA’s Social Justice and Nation-building (SJN) project, has six months to investigate evidence of racism in the 30 years of supposedly unified cricket in South Africa. His work will entail interviewing a wide range of stakeholders, holding public online hearings, and writing a report that will include recommendations.

All that? In six months? And while having to navigate the culture of an organisation that has a poor record for implementing independent recommendations, and is so wracked by division that it is at odds with itself on whether the players should take a knee before games? Good thing Ntsebeza is among the country’s most senior advocates: he served on the country’s Truth and Reconciliation Commission (TRC), which from 1996 to 2003 aimed to give South Africans restorative justice in the wake of apartheid.

“I will adjudicate all complaints that I will have received, which, by and large and overall, relate to unfair discrimination in cricket,” Ntsebeza told an online press conference on Thursday. That he had been given only six months to do so engendered “a sense of urgency”, he said. But he was hopeful of being granted more time should it be needed. He said he wanted to speak to “former players, current players, SACA [the South African Cricketers’ Association], administrators, employees, educators, sponsors, the media and government”, and that he planned to start in the first week of May. He would like to see a transformation conference organised for July to coincide with CSA’s 30th anniversary.

Ntsebeza was prepared to talk to those who didn’t think he had anything to investigate: “There are many people out there who may feel that there is nothing wrong with cricket, either as a sporting good or as a game in South Africa, that has to be transformed. Therefore all attempts at seeking to over-analyse what is happening in cricket might be [seen as] interference in an aspect which already has taken significant strides in the direction of transformation.   

“I want to speak to those who feel that transformation might be just one form of interference. Some may even go so far as to say it’s one form of bringing politics into sport. But I’m interested to hear those voices, because they are going to shape my recommendations.”

The establishment of the SJN was prompted by a statement released on July 14 last year in which 31 black and brown former players and coaches said they had been victims of racist treatment and attitudes during their time in the game after apartheid. Eugenia Kula-Ameyaw, a former CSA independent director, drove the SJN’s creation.

“One third of the total black Proteas representatives in the 30 years since unity revealed that they’d all suffered racial discrimination and forms of cultural alienation within the CSA set-up during their careers,” André Odendaal, a member of the interim board, told Thursday’s press conference. “This required CSA to go beyond targets and beyond box-ticking to face deep, often intangible cultural issues and the resilient structural discrimination still operating in our cricket 25 years into democracy.”

Theories that CSA were considering compensating wronged players financially have swirled, but Odendaal said that had not been decided: “There’s been a lot of talk about restoration funds and a large amount of money that CSA is going to pay. We must let people know up front that there has not been a budget for such a fund, and neither have we created a budget for one. What we are going to let happen is to ask our independent transformation ombud to engage with the cricket stakeholders, look at the issues, see how we get to understand that systemic racism persists, and then come to the board with suggestions and recommendations. At that stage CSA, in the light of advocate Ntsebeza’s findings and recommendations, will have to sit and look at the report and decide on the strategic objectives that need to be taken forward, and the process and the budget that go with that.”

CSA has a history of doing exactly the opposite. In August 2012 it promised to “implement the letter and spirit of the recommendations contained in the Nicholson report”, which followed financial corruption within the organisation. Chief among the recommendations was a board consisting of a majority of independent directors. CSA have spent nine years trying to wriggle out of that commitment, which remains unfulfilled.

Did Ntsebeza have any confidence that what he said should happen would happen? “There is no provision, either in the terms of reference nor in any statute, that any recommendations I make must be enforced. [But] the resources and the time that will have been spent on this project should not have been in vain. Did I sense in the discussions that I had with CSA that there is a commitment, an appetite to do this thing, and make sure the recommendations are implemented or implementable? I got that sense, otherwise I wouldn’t have taken the job.

“I don’t have a magic wand and I’ve not been mandated to carry a big stick and go after people and get them to do things I said need to be done. I would hope that those to whom implementation of the recommendations fall will rise to the occasion. 

“I have read the Nicholson report; I’ve read all manner of reports about recommendations that were not implemented. I’ve even asked myself why, in the light of all these past failures, are we seemingly doing something that has not achieved anything. My answer is that if we never went back to evaluate what had been done and to find out out what went wrong, and from there getting the benefit of that analysis — trying to see if it could be done differently or if no persuasion can come about which causes the nature of things to change — then the world would have been at a standstill. Changes come about because people who failed in their first experiments went back and tried to achieve a different result.”

That’s an admirable perspective, but Ntsebeza shouldn’t expect it to be shared by everyone he deals with in the coming months. A glimpse of South African cricket’s fraught internal politics was had in November, when the men’s national team refused to take a knee — the global gesture of support for racial justice — before matches in their series against England. They have clung to that position, as have the women’s national team.

“We were a little disappointed that our team did not take the knee, which we explained to them at the time,” Odendaal said. “The board discussed it and were very supportive of such a move. The chairperson [then Zak Yacoob] wrote to the team and to the director of cricket [Graeme Smith] and the answer was that while the team supported the stand against racism and it had been through a pre-season course of bonding and discussing these matters, they decided on a slightly different approach which the group as a whole had bought into.”

That was to raise a fist after the national anthem before the first Test against Sri Lanka in Centurion on December 26. The board differed. “The board, while maintaining its own position, given the strength of Black Lives Matter and [of the] taking the knee action throughout the world, felt in a country with our history that would be most appropriate,” Odendaal said. “It was not something for us a board to decree should happen. It brought across to us that CSA should have a broad policy that all components buy into and that we would continue to talk this through with the players and the team going forward.”

Ntsebeza should thus be under no illusion that he is in for anything but a challenging time. He has, of course, been here before. The TRC was criticised for achieving little in the way of reconciliation, and it lacked the authority to punish the guilty for their crimes. But maybe that is misreading its mission, as Ntsebeza suggested: “Once people are given an opportunity to say, in their own words, the things that hurt them, then that process in and of itself has the magic of restoring to them their dignity.” And that is priceless.

First published by Cricbuzz.

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