UPDATE | CSA Council of Members disconnects interim board



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Cricket South Africa (CSA) confirmed on Thursday that it would not name the interim board appointed by the sports minister. Nathi Mthethwa last month after what they called “a breakdown in the relationship between the Council of Members and the proposed interim board.”

This came just 13 days after Mthethwa appointed a nine-member interim board to replace the one he had resigned en masse in the previous days.

Sport24 understands from sources within cricket that the Council of Members communicated its decision on Wednesday afternoon, copying the parliamentary sports portfolio committee, as well as the South African Sports Confederation and the Olympic Committee (Sascoc) in the letter.

“Following various engagements and a meeting on Sunday, November 8, between the Council of Members, the proposed CSA Interim Board, Minister Nathi Mthethwa and members of the Department of Sports, Arts and Culture, the Council of Members has written to the Minister to raise material concerns about the proposed interim board, “CSA said in its statement.

“The issues include various unresolved issues; overstepping and ignoring agreed-upon duties, responsibilities and lines of responsibility; and ultimately a breakdown in the relationship between the Council of Members and the proposed interim board.”

READ | Who are the interim members of the CSA board?

Sascoc Acting Chief Executive Officer Ravi Govender confirmed they had received the CSA Member Council letter, but did not elaborate on its content.

“We received the communication and the letter is addressed to the minister, not to us,” Govender said.

“It is not up to us to respond, however, the president (Barry Hendricks) has indicated that the (Sascoc) board will discuss the matter further.”

One of the key factors in last Sunday’s meeting is believed to have involved the decision to keep former CSA chief executive Haroon Lorgat on the interim board, a decision made by Chief Justice Zak Yacoob.

Lorgat is in conflict on several fronts, having overseen the failure of the Global League T20 (GLT20) that cost the company millions in revenue and sank the affiliated provinces, who borrowed hoping that the GLT20 would return a profit, deeply indebted.

CSA said in the statement: “Despite attempts by CSA and the Board of Members to constructively engage members of the proposed interim board, the unresolved issues include a conflict of interest related to a proposed board member. interim; opposition to roles, responsibilities and reporting lines outlined in the MOI, unprofessional conduct, lack of cooperation and misalignment between the Council of Members and the interim board continued to be contrary to the arrangements agreed upon by the parties .

“Had such a relationship continued, CSA could not have guaranteed that it is acting in the public interest at all times, as these concerns severely reduced our focus on our core business, the development of cricket.”

CSA Acting Chairman Rihan Richards said: “Following the concerns described above that remained unresolved, the Membership Council is not prepared to appoint the proposed interim board members to be CSA directors in MOI terms.

“However, the Council of Members will continue to work with the Minister, the Department of Sports, Arts and Culture and Sascoc in collaboration to address and correct the wrongs of the past. The basis of the relationship between the parties is clearly prescribed by law and it demands the mutual respect of all parties in the fulfillment of their obligations “.

The breakdown of relations between the Council of Members and the interim board has put Mthethwa in a bind as to how much authority his government could exercise.

Sport24 contacted Mthethwa’s adviser Walter Mokoena and spokesman Masechaba Ndlovu for the minister’s comment on Thursday morning, but they had not responded at the time of publication.

Meanwhile, Richards added that they were armed with the MOI, which has yet to be changed in accordance with Judge Chris Nicholson’s recommendations, in his decision to serve on the interim board.

“The Council of Members embarked on a process last month to facilitate the resignation of incumbent members of the CSA board, with the intention of appointing an interim board that would work collaboratively with all stakeholders,” said Richards.

“The primary objective of the new interim board was to work closely with the Council of Members and CSA executives, to bring about the necessary change within the organization and move cricket forward until a new board is elected at the meeting. annual general.

“During the initial advisory meetings, the Council of Members proposed a recommended board structure, with certain preconditions attached to the appointment of interim board members, including having the collective skills, professionalism and capacity necessary to meet legal requirements and operational duties, at all times.

“While the next logical step would have been for the Council of Members to appoint the Interim Board, if they were nominated to the CSA board of directors, and as outlined in the organization’s MOI. The MOI governs the relationship between the board and its members, as well as the functions of the Council of Members and the board “.

Richards and Member Council Representative John Mogodi will host a virtual press conference on Thursday at 4:00 PM.

Read the full CSA statement below:

CRICKET SOUTH AFRICA COUNCIL OF MEMBERS REVIEWS POSITION ON PROPOSED INTERMEDIATE BOARD

The Cricket South Africa Council of Members (CSA) announced today that it will not appoint the Interim Board.

After various engagements and a meeting on Sunday November 8, 2020 between the Membership Council, the proposed CSA Interim Board, Minister Nathi Mthethwa and members of the Department of Sport, Arts and Culture, the Membership Council has written to the Minister to raise material concerns about the proposed Interim Board. The issues include several unresolved issues; exceeding and ignoring agreed duties, responsibilities and lines of accountability; and ultimately, a breakdown in the relationship between the Council of Members and the proposed Interim Council.

Despite its decision not to appoint the Interim Board, the Council of Members remains deeply committed to resolving the issues that have arisen within CSA and will take the necessary steps to ensure that the concerns, which Minister Mthethwa and SASCOC have raised raised above, are addressed efficiently. and professionally.

Rihan Richards, CSA Acting Chairman on behalf of the Membership Council, said: “The Membership Council embarked on a process last month to facilitate the resignation of serving CSA board members, with the intention of appointing a Interim board to work collaboratively with all stakeholders. The main objective of the new Interim Board was to work closely with the Council of Members and CSA executives, to bring about the necessary change within the organization and move cricket forward until a new board is elected at the general meeting. annual “.

In accordance with the rights granted to the Council of Members by the CSA Memorandum of Incorporation (MOI), certain persons remained on the CSA board until the formal appointment of a Board of Directors.

“During the initial consultative meetings, the Council of Members proposed a recommended board structure, with certain preconditions attached to the appointment of the Interim Board members, which include having the collective skills, professionalism, and capacity necessary to comply with legal requirements and operational duties, at all times.

“In a ministerial update released on October 28, 2020, the Minister confirmed the views of the Council of Members that our engagement was constructive and expressed appreciation for our leadership,” Richards continued.

In a subsequent press announcement and in his announcement speech for the Provisional Board, Minister Mthethwa confirmed that the Provisional Board would report to the Council of Members. He described it as a necessary transitional step to return cricket to its place of pride both locally and internationally.

“It is important to note that the Minister also made specific reference to certain matters that would be dealt with by the Interim Board, and the Council of Members aligned itself with all of them. The Interim Board was assigned clearly specified roles and responsibilities, with accountability to the Council of Members.

“While the next logical step would have been for the Council of Members to appoint the Interim Board, if they were nominated to the CSA board of directors, and as outlined in the organization’s MOI. The MOI governs the relationship between the board and its members, as well as the functions of the Council of Members and those of the Board, ”said Richards.

Despite CSA and Member Council’s attempts to constructively engage members of the proposed Interim Board, unresolved issues, including a conflict of interest related to a proposed Interim Board member; opposition to the roles, responsibilities and hierarchical lines described in the MOI; unprofessional conduct; non-cooperation; and the lack of alignment between the Council of Members and the Provisional Board continued to be contrary to the arrangements agreed upon by the parties. Had that relationship continued, CSA would not have ensured to act in the public interest at all times, as these concerns severely reduced our focus on our core business, the development of cricket.

“As the CSA Council of Members, we have a responsibility to ensure compliance with corporate governance and legal requirements in the management of cricket and the organization, and a duty to cricket fans to improve and develop the game. Furthermore, we also have a duty to the International Cricket Council (ICC) in terms of its statutes, ”continued Richards.

Since the proposed Interim Board has not been appointed a director of CSA, it has no legal personality in relation to the company. Therefore, the Interim Board has been requested not to continue representing itself as a CSA representative, as they do not have such authority and we hope that they will not continue to do so.

“Due to the concerns described above that remained unresolved, the Council of Members is not prepared to appoint the members of the Provisional Board proposed to be directors of CSA in terms of the MOI. However, the Council of Members will continue to work with the Minister, the Department of Sport, Arts and Culture and SASCOC collaboratively to address and correct the wrongs of the past. The basis of the relationship between the parties is clearly prescribed by law and requires the mutual respect of all parties in the performance of their obligations, ”concluded Richards.

FINISH

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