Council accused of dishonesty
CRICKET South Africa’s Interim Board left little doubt as to who is to blame for the crisis in the organisation’s administration – the Members Council.
Or more specifically, those provincial presidents who serve on the Members Council, who voted last Saturday not to implement the Memorandum of Incorporation that will allow CSA to institute a board of directors comprised of a majority of independents.
In a lengthy briefing yesterday, Interim Board chair Dr Stavros Nicolaou outlined the numerous interactions between the Board and Members Council, CSA’s most powerful decision-making body comprising the 14 provincial presidents, over the new MOI.
On Tuesday, the Members Council released a statement, that among other things said that the Council had no time to consult with provincial affiliates before last Saturday’s special general meeting where the MOI was going to be adopted, but wasn’t because a 75% majority wasn’t reached following a secret ballot.
That happened after the Council had informed sports, arts and culture minister Nathi Mthethwa a week earlier that it had agreed to adopt the MOI.
“It was exceedingly disappointing,” said Nicolaou about how last Saturday’s meeting ended.
“Many of the things agreed to before unravelled at the meeting.”
On Sunday, Mthethwa said he would be invoking the powers accorded to him by Section 13 of National Sports and Recreation Act, which allow him to halt funding and remove recognition of CSA as the governing authority of cricket in SA.
It is the latter punishment that would hurt CSA, because it would mean the Proteas are no longer recognised as the official representatives of SA.
Mthethwa is understood to still be working through that process with his legal team, to get it gazetted as required by law.
Nicolaou yesterday mentioned that there was still an opportunity for CSA’s Members Council to pull the organisation back from the brink of disaster.
“The Members Council can remedy the situation if they do the following: if they get their members to pass a resolution stating that ‘it is our intention, to get 75% or more of the affiliates voting in favour of accepting the Memorandum of Incorporation, and we resolve this ahead of the time of commencing with a Section 60 provision’.”
Nicolaou explained that the Section 60 provision in the Companies Act allows for a special resolution to be instituted and if done by the Members Council within 24 hours, would allow it to change from its current course.
The Interim Board chair very carefully outlined the process involved in drawing up the MOI and seeking to get agreement from the Members Council.
Starting in January this year, the Interim Board started holding joint meetings with the Members Council about the MOI.
A working group was established comprising of representatives of the Members Council and Interim Board, while the SA Sports Confederation and Olympic Committee (Sascoc) was kept abreast of all steps until it chose to withdraw from that process in early February.
Nicolaou said he sensed that some on the Members Council were “hiding behind facades” and “trying to tweak language here and there” because they were resistant to change.