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Firdose Moonda
October 14, 2011
Mtutuzeli Nyoka, the president of Cricket South Africa (CSA), is likely to be ousted from office by a vote of no-confidence on Saturday. The board will hold a special general meeting in Johannesburg to decide on the motion to depose Nyoka, who they have accused of various misdemeanours, the most serious of which is bringing the organisation into disrepute.
Six of the eleven provinces have already made public their decision to support the motion. Gauteng, Free State, Easterns, Eastern Province, Boland and Western Province issued press releases in the last two weeks stating that they are in favour of the plan to have Nyoka removed. ESPNcricinfo has learned that at least one other union will also back the motion, which would give the board a comfortable majority to remove the president. Only Northerns Cricket Union have stated their objection to the motion and indicated that they would vote against it.
Nyoka and his lawyer were informed of the proposal to withdraw on September 8, when the CSA Board met at the end of their annual conference. Nyoka left the meeting and members are proposing to have ousted. They claimed he had violated the protocol and the media of the Companies Act, taking his fees in advance that they were dissatisfied with the way he handled the press releases and coach Mohammad wrote Moosajee behavior Nyoka a letter saying it would be difficult to maintain discipline in Moosajee team.
This meeting was an important step in the course of 15 months long spat between CSA chief executive Gerald Maloja, which is majority support for the government, and Nyoka. The conflict began in July last year, when the R4.7 million (U.S. $ 671, 428) was paid in bonuses to 40 employees of the CSA after the hosting of the IPL and the Champions Trophy in 2009. These amounts had not been through the Committee of the Board of directors 'fees' and Nyoka requested an external audit to be held to investigate charges.
CSA conducted an internal investigation, instead, headed by Vice-President AK Khan, Majola cleared of any wrongdoing, and found that the procedures of the CSA in governance are to blame and the need to modernize. Nyoka accepted the results, but continued to consider the possibility of wrongdoing within the organization. His constant probing led to his being removed from office in February this year, but contested the decision before the Court of South Gauteng High and won.
Deputy Judge President Phineas Mojapelo found CSA had not followed the correct procedure to remove Nyoka and was also critical of their reasons to overthrow, and decided that Nyoka restored. Nyoka also won the right to submit to the CSA for a full financial control and external audit by KPMG.
The audit report, which has not been made public, found Majola may have breached the Companies Act on four occasions and has advised CSA to obtain legal advice to take additional measures. The lawyer appointed Azhar Bham to give an opinion, which was given verbally to the Board at their meeting in August and resulted in a severe reprimand for Majola. Bham Council was also kept secret and Nyoka you struggling to see both the audit report and legal advice.
CSA have taken to ensure their way of distinguishing between Nyoka can not be challenged at this time. They gave him more than the required 21 working days notice and have formed against him in particular. Although Nyoka lawyer Bernard Matheson, believes his client should be reported to the CSA, the courts, if it is removed, Nyoka has announced that it would continue to fight, if it is brought down on Saturday. He presented his case in different provincial unions, some of the written and oral form, and said that "if the cricket fraternity of corruption is acceptable to live in, then there is nothing I can do."
Nyoka has 10 months left as president and is serving his second term after being reelected in September 2008. It happened to Norman Arendse, who resigned due to differences with Majola. Khan is likely to take over as interim president until the next election. CSA is expected that the elections in August next year but can carry out.
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