Sport minister threatens to ban Cricket SA

Members’ council fails to adopt the memorandum of incorporation to allow for restructuring of CSA’s administration

Mthethwa's decision to invoke section 13 of the National Sports and Recreation Act follows the failure of the CSA Members' Council (MC) to fall in line with governance remedies as contained in a revised memorandum of incorporation (MOI).
Mthethwa's decision to invoke section 13 of the National Sports and Recreation Act follows the failure of the CSA Members' Council (MC) to fall in line with governance remedies as contained in a revised memorandum of incorporation (MOI). (GCIS)

Minister of sports, art, and culture Nathi Mthethwa has told the members’ council of Cricket SA (CSA) that they have left him with no choice but to invoke his powers in terms of section 13(5) of the Sports Act and suspend the crisis-riddled organisation.

This came a day after the members council‚ which is made up of the 14 affiliates’ presidents‚ on Saturday voted against amendments in the memorandum of incorporation (MOI to allow for restructuring of the organisation’s administration, a majority independent board and an independent chairperson with no affiliation to cricket.

The members’ council is CSA’s highest decision-making body.

“Minister Mthethwa has expressed his disappointment at the failure of the CSA delegates to adopt the revised MOI‚” reads Mthethwa’s statement. “The revised MOI that the affiliates decided against adopting 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.

“This turn of events‚ taking place on the back of several missed opportunities by the members’ council‚ has left the minister with no further option but to exercise his rights in terms of section 13(5) of the Sports Act.

“To this end‚ the minister will be taking the necessary steps required to exercise his rights in terms of the law prescripts next week.”

A minority of the members’ council has yet again shown itself to place self-preservation ahead of the interests of the game and, indeed‚ the national interest.

—  CSA interim board chairperson Dr Stavros Nicolaou

The CSA interim board‚ which was appointed by Mthethwa in October and incorporated in November‚ also released a statement and registered its disappointment.

“These proposed changes would be in line with the Nicholson Report and good corporate governance‚” reads the CSA interim board statement. “The interim board has held, over the past few months, several consultative sessions with the members’ council.

“In addition‚ Prof Michael Katz has also consulted and provided legal advice to the members’ council on the proposed amendments. Disappointingly‚ the members’ council voted not to accept the amendments to the MOI which would have steered CSA on a new path and restored confidence with its stakeholders.

“Despite the IB requesting transparency‚ the members’ council insisted on a secret ballot.”

CSA interim board chairperson Dr Stavros Nicolaou was quoted as saying in the same statement: “What happened today was extremely disappointing and certainly not in the best interests of cricket.

“A minority of the members’ council has yet again shown itself to place self-preservation ahead of the interests of the game and indeed‚ the national interest. This minority is determined to hold the game — and the country — hostage.

“It has been aided and abetted by Sascoc‚ whose intervention in the CSA SGM today was totally unacceptable and indeed appeared orchestrated‚” said Nicolaou. He added: “Fortunately‚ members of the media were present at the SGM to ensure the public will be informed as to what happened today.”

Nicolaou went on to say that “the interim board is in discussion with the minister about the way forward for cricket in SA”.

The members’ council is also expected to release a statement of its own. Under section 13(5) of the Sports Act‚ the minister can direct his department to refrain from funding CSA and notify the organisation in writing that it will not be recognised by the department of sport and recreation.


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