January 21, 2021

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CSA on the back foot again as CCMA rules in favour of dismissed Eksteen

2 min read

Cricket South Africa (CSA) have been dealt another blow in the longstanding wrangling over who is responsible for the gross maladministration of the game.

The former head of sales and sponsor relations at CSA, Clive Eksteen, took his former employer to the Commission for Conciliation, Mediation and Arbitration (CCMA) over his dismissal earlier this year and this week the dispute resolution body found in his favour.

CSA dealt CCMA blow

Eksteen was given the boot in proceedings initiated by former CEO Thabang Moroe, and it now appears as though the latter along with chief financial officer Naasei Appiah was responsible for the alleged indiscretion. The charge under which Eksteen was dismissed relates to the non-payment of image rights to the South African Cricketer’s association after the inaugural Mzansi Super League.

The former Proteas spinner and long-time servant of the game was also vindicated in his vehement denials of a charge of any wrongdoing.

CSA’s decision to forge ahead with the disciplinary proceedings against Eksteen even when it came to light that there was no evidence he had committed any indiscretions is at the heart of the CCMA’s decision to find in favour of the former official.

Gwaza was one of those implicated in the explosive Fundudzi report which apart from being used as the basis for the dismissal of Moroe also played a big part in ensuring that the entire executive was forced to step aside to allow an interim board to begin directing affairs.

Moroe fingered again

Eksteen’s dismissal was driven by CSA’s agreement of broadcasting rights for the MSL sold to Global Sports Commerce (GSC) however the forensic report lays the blame for the deal being detrimental to the body at the feet of Moroe.

“There is no evidence that CSA conducted due diligence on GSC as recommended by IMG,” the Fundudzi report states.

“In fact, Appiah created an impression that there was due diligence conducted by IMG.

“Appiah and Moroe failed to ensure that due diligence was conducted on GSC and provide the said due diligence to FinCom and the board despite numerous requests to do so. Appiah and Moroe further failed to inform FinCom and the board that due diligence was not conducted on GSC.

“On 21 July 2019, Gwaza advised Management not to share IMG’s opinion with FinCom and the board until management had a position on the matter.

“We were not provided with evidence that management further deliberated on the risks identified by IMG relating to the GSC proposal. Appiah and Moroe continued to mislead FinCom and the board that due diligence was conducted on GSC, whereas they knew that the said due diligence had not been conducted.”

Eksteen is unlikely to seek reinstatement which will leave CSA on the hook for a hefty damages claim even as they are rocked by moe scandal with the suspension of Company secretary Welsh Gwaza.