[ad_1]
By Stuart Hess 
3h ago
The Council of Members believes that it is backed by a legal framework. The Memorandum of Incorporation was not adjusted to allow recognition of the Interim Board and furthermore, part of the discussions on Friday night focused on the ‘Terms of Reference’ regarding the work that the Interim Board must perform.
When appointing representatives to the interim Board on October 30, Mthethwa said he would “begin work to quickly address current governance systems, structures, and procedures, including proper consideration of Nicholson’s recommendations; consider the Fundudzi report, its implications and consequences for CSA and take the actions recommended in the report itself or the actions that the interim Board deems appropriate.
“Review all Board decisions made since 2019 and report on those decisions that require the attention of the Council of Members and generally do whatever is necessary and appropriate to restore the integrity and reputation of CSA.”
That is a long list of items, which could be seen as a ‘Terms of reference’.
Cricket SA has gotten very good at investigating legal minutiae when the organization is in trouble. Just because Mthethwa has said what the Interim Board is going to do does not mean that the CSA must comply, because it has not been formally included as ‘Terms of Reference’.
It is the same thing that CSA did when it said that it would not recognize the interim Board, because it did not match the clauses contained in the organization’s Memorandum of Incorporation. Lots of very deceptive legal shenanigans, very few that appear to be “for the sake of cricket.”
So Mthethwa is angry now, understandable. It kept a brief follow-up for months as CSA ignored its players, sponsors, parliament and Sascoc. Then he intervened and made the interim board that he appointed with the participation of CSA, apparently, the country’s players and Sascoc, throw him in his face.
He has threatened to use the powers available to him through the National Sports and Recreation Act to sanction CSA. Those powers include removing recognition from a national body, which would make the Proteas an illegitimate national team.
Fundamentally, Mthethwa has kept the International Cricket Council, which disapproves of government intervention in national boards, aware of their every move and the reasons for it. He’s doing it ‘for the sake of cricket’.
The Council of Members has picked up the interim Board in search of faults; Haroon Lorgat’s presence is a real source of contention. Many on the Membership Council don’t want you to get involved. They see him as responsible for the disaster at CSA given his role in the defunct Global League T20.
The Council refuses to accept Mthethwa’s assurance or the word of retired constitutional court judge Zak Yacoob that Lorgat will recuse himself when any discussion the Board has is directed to GLT20 and the money that was distributed in connection with that tournament. .
All a red herring says Yacoob. And in that sense he is right. Yacoob, as became clear during a lively press conference on Friday, doesn’t take fools with gusto. He has met many legal experts who have served in court for 15 years on the highest court in the country.
“We have been trying to obtain information from them, to hold them to account and my suspicion is that it is due to management dissatisfaction with the (interim) board that they have probably complained to the Council of Members and there is a strong possibility that the executive has had a great influence in this decision to exclude the interim Council ”.
That executive includes the all-powerful company secretary, Welsh Gwaza, who is a ‘standing guest’ on virtually every CSA committee, from the development line to human resources, the nominating committee, finance and trade, and the social committee. and ethics, among others. .
Yacoob described the CSA executive, which includes Gwaza, Acting CEO Kugandrie Govender, and CFO Pholetsi Moseki, as “uncooperative, difficult, insensitive, arrogant, and at times rude.”
Many in cricket circles would not have had to deal with someone as direct as Yacoob, which is probably what led to the “severance of the relationship,” as the CSA Council of Members put it, between her and the Interim Board. .
“It is impossible, at this stage, to dishonor the Council of Members without causing serious harm to South African cricket at the same time. They understand that problem. We all want to achieve this result without harming cricket too much, and they want to persuade us not to harm the cricket. cricket is equivalent to not damaging them. We do not agree with that, “said Yacoob.
He said his Board would continue to do its job.
“Self-interest and politics continue to trump the best interests of cricket, at a time when the game calls for stability and certainty,” said South African Cricketers Association Executive Director Andrew Breetzke in a statement later on the Friday. .
“It would seem as if the Council of Members does not realize the magnitude of the damage that is being done to cricket, and sadly we are reaching a point where that damage may be irreparable.”
Mthethwa was emphatic about his position in his letter to the Council of Members. He is pleased with the work that the Interim Board has done so far and looks forward to the Council of Members and the executive working closely with the independent body. “I will not hesitate to impose the sanctions available to me in terms of the Law,” he said.
“I sincerely hope that you don’t need to take such drastic measures.”
“For the sake of cricket,” the Members Council, the players, the sponsors, the broadcasters and, of course, the fans, should hope that it doesn’t.
@shockerhess
[ad_2]
