Johannesburg – Cricket SA's (CSA) exclusion of Norman Arendse as an independent director on its newly appointed board was set aside by an independent arbitrator on Wednesday.
“The decision of the board of Cricket SA of 14 October 2012 to reject the nomination of Norman Arendse as an independent director is set aside,” lawyer Hilton Epstein said in a statement released by Sascoc.
Epstein ruled in favour of Arendse, who had lodged a complaint with the SA Sports Confederation and Olympic Committee when his name was missing from CSA's list of independent board members, announced in October.
The five independent board members were to form a newly structured board, sitting alongside five provincial union presidents selected at the next annual general meeting, originally scheduled for October 27. The AGM was postponed to November 30, to await the outcome of Arendse's appeal.
Central to the arbitration was CSA's memorandum of incorporation (MOI) which state that an independent director should be free from any business or other relationship that could be seen to materially interfere with the individual's capacity to act in an independent manner, and who has not been associated with cricket in the preceding three years.
Epstein ruled that Arendse had, in fact, not been associated with cricket for the preceding three years within the meaning of clause 4.9 of the MOI.
He found that Arendse's status as an honorary life member of Western Province Cricket Association was not a relationship which could be seen to materially influence his capacity to act in an independent manner, as envisaged by clause 4.8.
Epstein further ruled that CSA had to pay the costs of the arbitration.
Sascoc, who had already signed the MOI outlining the make-up of the board, later voiced its objection to it, stating the sport should be run primarily by sports people.
It said the board should be reflective of the geopolitical boundaries of the country, which would effectively see the proper implementation of the transformation charter. – Sapa