Cricket board invalid – judge
Alvin Reeves
FIVE Nelson Mandela Bay cricket clubs have won their election dispute with EP Cricket, with the board declared invalid yesterday.
Arbitrator Judge Frank Kroon ruled that the election process in October was flawed and ordered EP Cricket to carry all the costs, thought to be about R1-million.
The sporting body was also ordered to reconvene an annual meeting within 30 working days to re-elect officials.
The clubs – Gelvandale, Mecer NMMU, Maritime Motors Old Grey, PECC and SA Home Loans Union – opted for the legal route after their nominees were omitted from the official list of election candidates at the annual meeting last year.
In his ruling, Kroon instructed, among other things, that:
- The election of officials to the board of EP Cricket at the adjourned annual general meeting on October 26 be declared invalid and set aside;
- EP Cricket acting chief executive Tono Mle reconvene an annual meeting with 30 business days' written notice to all members of EP Cricket, for the sole purpose of electing a board;
- All those previously nominated – including Graeme Sauls, Dave Callaghan, Gary Paul, Richard Dolley and Gary Dolley – be eligible for election;
- The fees and expenses of the arbitrator be paid by Cricket South Africa who will in turn be reimbursed by EP Cricket;
- The other costs of, and relating to, the arbitration be paid by EP Cricket;
- The costs be taxed and that EP Cricket pay those costs.
Kroon also ruled that Sauls's removal as president of EP Cricket in August by board members was unlawful.
Among those board members was Malcolm Figg, who succeeded Sauls as president at the annual meeting two months later.
Kroon said DA MP candidate Figg had been "misleading" and "improper" in his handling of the list of nominees.
An elated Sauls said he believed justice had prevailed.
"My removal as president was not only unlawful and unprocedural but also never established. The motives for my removal were malicious and really due to the efforts of individuals who have never had the interests of EP Cricket at heart.
"Also, the fact that the AGM has been declared unlawful is testimony to the demands and actions of the clubs to have their rights protected," Sauls said.
"Individuals should never be allowed to put their own selfish interests ahead of the game.
"The staff at EP have had a confusing and difficult few months and it is only fair that, going forward, the boardroom issues are sorted out as quickly as possible.
"I fully expect CSA to step in as a matter of urgency, remove all these directors elected during the unlawful process and place EP Cricket under administration until a properly elected board is in place."
Cricket SA chief executive Haroon Lorgat's only comment was: "We have accepted the ruling and will see that it is implemented."
One of the nominees omitted from the list, Richard Dolley, said: "The devious manner in which the previous board went [about things] to cling to power has been exposed for all to see."
Gary Paul thought it was necessary for the national body to get involved in the election next month. "One can only hope that CSA will take the time and trouble to commission an election process which is characterised by transparency, honesty and integrity," Paul said.
Figg said the parties should have agreed to resolve the issue among themselves to prevent massive legal bills.
"Naturally, I'm disappointed," he said. "We believe we followed the correct processes. In our belief, cricket did not suffer at the end of the day. So what these guys are on about is beyond me. We've now had to incur substantial costs during this legal process.
"I thought it could have been resolved in an easier way but some people think differently to me." Figg said EP Cricket would not be appealing against the ruling.
The clubs were represented in their legal battle by lawyer Imraan Petersen, instructed by Advocate Albert Beyleveld SC.
