Cricket South Africa’s Members Council has decided not to appoint the proposed Interim Board named by Sports Minister Nathi Mthethwa.
The identified issues are as follows:
- The potential conflict of interests regarding Mr Haroon Lorgat has not been resolved to the satisfaction of the Members Council, and the Members Council communicated this to the interim Board, as well as to the Ministry of Sport that it is not prepared to appoint Mr Lorgat to the board of CSA in terms of the MOI until it is satisfactorily resolved.
- In response, the chairman of the Interim Board and the Ministry insisted that the composition of the Interim Board is not subject to any change or further discussion. It appears from statements made at the meeting on Sunday that the board of directors of CSA will not be appointed in terms of the MOI, but will be (or have already been) appointed by the Minister, seemingly in a manner that circumvents the MOI.
- If the Interim Board members are appointed to the board of CSA through alternative means and will hold duties to other parties outside of the framework of the company law that governs CSA, the Members Council requests that it is advised, in specific terms, of the basis for such appointment.
- Despite the prior statements that are referenced above, the role of the Interim Board, as being accountable to the Members Council, appears to be ignored, and the legal basis upon which this relationship is established, being the MOI and the company law, is being disregarded. It would appear that the proposed Interim Board would be vested with the unfettered mandate to make all decisions related to the affairs of CSA, without the Members Council’s input or guidance.
- In engagements with the proposed Interim Board, the relationship between the Members Council and the Interim Board has been severely undermined, and the proposed interim chairman and other members have been dismissive, indifferent and highly unprofessional, which is not conducive to developing a sound working relationship between the parties as described in the public statements and established by the legal framework in which the parties should operate.
- The executive of CSA has also been subjected to behaviour that is indecorous and contemptuous of the anticipated relationship. Further, the Interim Board has proceeded to make media statements and pronouncements of matters critical to CSA, and in particular, the Members Council, not only breaching CSA’s media policy but without consulting the Members Council.
