30 October 2020 - NW2489
Luthuli, Mr BN to ask the Minister of Sport, Arts and Culture
(1) With regard to the recent media reports, wherein it is alleged that he has written to the International Cricket Council (ICC) about his intention to intervene in the running and management of Cricket South Africa (CSA), what contingency plans does he have in place to (a) ensure that the ICC does not ban the CSA from international cricket as a result of his intervention and (b) safeguard the livelihood of players when the ICC bans the CSA from international cricket; (2) Whether he will furnish Inkosi B N Luthuli with the strategic document on how he plans to intervene, stating the envisioned outcome of his intervention; if not, why not; if so, what are the full, relevant details?
1.(a) The Minister is empowered by the National Sport and Recreation Act, 1998 (Act No. 110 of 1998) to intervene in any dispute, alleged mismanagement, or any other related matter in sport or recreation that is likely to bring a sport or recreation activity into disrepute. Furthermore, the International Cricket Council (ICC) notice dated 11 November 2011 sent to all members headed in relation to “Regulations relating to the Independence of Member Board” provides that Naturally, a government (or any office thereof) would also not be prevented from investigating the affairs of a Member Board in order to ascertain whether any criminal offences have been committed, including fraud, dereliction of directors’ duties (including fiduciary duties) or contravention of any relevant legislation. Similarly, there may be circumstances where a government rightfully seeks to intervene in the event that a Member Board is dysfunctional. The ICC Governance Review Committee believes that this is a question of accountability, not interference.”
(b) There is a difference between intervention and interference. Hence, the Minister is not seeking to interfere in matters relating to the selection of teams, the administration of the game and the appointment of, or termination of the service of, the Executive Members of cricket.
The word “intervene” has, according to its dictionary meaning, a positive connotation of attempting to come between disputing parties, to intercede, to mediate, and to prevent further damage or harm from occurring.
To “interfere” has a negative connotation according to dictionary meanings, and generally people are resentful of attempts to “interfere” because it has connotations of meddling in other people’s business, to interpose in a way that hinders or impedes or that involves colliding with or coming into opposition with another party. It normally is associated with having a damaging or negative effect.
2. The Sport and Recreation Act is the strategic instrument and it will be premature to disclose the modus operandi related to any action as outlined in the Act. By disclosing the envisaged outcome will really compromise the process. As this is a developing story, updated information will be provided at the appropriate time.