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Cricket South Africa (Photo by Sydney Seshibedi / Gallo Images)
Cricket South Africa (CSA) revealed on Saturday that the council of its members rejected the interim board’s proposal to implement the recommendations of Chris Nicholson’s 2012 report to have an independent majority board to oversee cricket affairs.
This comes after the interim board and membership council met and voted on the matter on Saturday.
In 2012, CSA restructured its board of directors following Nicholson’s investigation into the 2009 Indian Premier League (IPL) bonus scandal. Many of Nicholson’s recommendations were adopted in accordance with the recommendations in that report.
However, one of Nicholson’s key recommendations was that CSA amend the composition of the board to include more independent members to ensure the independence of the structure.
In 2018, CSA also made resolutions to adopt Nicholson’s key recommendations under then-President Chris Nenzani and to amend its memorandum of incorporation (MOI) accordingly, but did not implement those decisions.
Last year, when Sports Minister Nathi Mthethwa appointed the interim board, he gave them specific instructions to make sure they implement those recommendations.
In its current form, the CSA board consists of seven non-independent members (member council representatives) and five independent members.
In a massive showdown over cricket governance structural change, the council of members warned that Eight of the fourteen members voted against the notion of an independent board.
CSA said in its statement:
“We regret to inform South Africans that the Council of Members rejected the Interim Board’s proposal to implement the Nicholson Report, specifically the Interim Board’s proposal regarding an independent majority Board, chaired by an independent director..
The interim board requests that the council of members reveal whether they voted for or against the principle of a majority of independent directors.
“This is a well-established governance principle, both in South Africa and internationally. It was also supported by advice provided to the Interim Council and the Council of Members by renowned corporate law and governance expert, Michael Katz.“continued his statement
“The decision is integral to good governance and to the restoration of cricket’s reputation in South Africa and internationally, and in order to address the historic governance failures that have plagued cricket in South Africa.
“The Interim Board has always been committed to implementing the mandate given to it by the Minister and approved by the Council of Members on behalf of the people of South Africa.“
The interim board stated that the membership council has disappointed the South African cricket community after Saturday’s meeting.
“Therefore, the Interim Board is disappointed that at this critical juncture for South African cricket, the Council of Members has chosen to preserve the unsustainable status quo.“read your statement.
“Cricket in South Africa is a national good and in doing so the Council of Members has not only disappointed the Interim Board, the South African cricket community, but also the South African people at large.“
But the Council of Members responded defiantly, stating that the Interim Board had tabled proposals that are “a long way off” from the Nicholson report.
“The different Representatives of the Council of Members underwent an extensive consultation exercise with their Affiliates to seek input and obtain a mandate on the issues raised.“Said CSA’s top decision-making body in its own statement.
“Most of the Affiliates rejected the proposals that were presented by the Interim Board, specifically in areas that were not negotiable. The Affiliates felt that the Interim Board was imposing certain decisions on the Council of Members with no room for further exploration. ”
He added: “It should be noted at this stage that the proposals presented by the Interim Board are far removed from the recommendations of the Nicholson report. Therefore, it cannot be said that the Council of Members does not want to implement the recommendations of the Nicholson report. ”
The Council of Members also noted that they did not object to Katz being consulted on the matter, but did object to only being reported by the Interim Board without their own opinion.
“The claim that the Membership Council has disappointed the cricket community is unfair and unfortunate.
“The Council of Members had consulted with its affiliates and obtained a mandate, which was duly communicated to the Provisional Board. The Council of Members cannot deviate from the mandate of the constituency it serves. It would be irresponsible and an abandonment of their responsibilities.”
The Interim Board stated that a press conference will be held “as soon as possible” with the interim board and the Minister of Sport, Arts and Culture, Mthethwa, on the way forward.
* This article has been modified to include the statement of the Council of Members.
