News / National
'Zimbabwe Cricket board illegal'
22 Apr 2018 at 10:29hrs | Views
A PROMINENT lawyer has challenged the legality of the Zimbabwe Cricket (ZC) board and implored it to leave office in five days.
Gerald Mlotshwa, a senior partner at Titan Law, has written to the Sports and Recreation Commission, Sports ministry and world cricket ruling body, ICC, detailing how ZC was in violation of its own constitution, further stating that ZC's constitution needed to be amended as a matter of urgency.
"The ZC board of directors is not lawfully constituted in terms of the association's own constitution, in particular Sections 20, 21 and 36 thereof providing for minimum qualifications of holding such office.
"We have it on good authority that at least three such present board members hold office in violation of this section. It is necessary that an independent forensic process ascertain precisely the composition and qualifications of the present board, and in addition thereto whatever instances of undeclared conflicts of interest obtaining," he said.
The current ZC board comprises of chairman Tavengwa Mukuhlani and directors elected on the basis of specialist skills, who include Sylvester Matshaka (vice), Elisha Kandi, Maureen Kuchocha, Mainos Mudukuti, Lincoln Bhila and Ronald Chibwe.
The provincial chairmen, who also make up the board, include William Chaitezvi, Wonder Chisango, Enock Ikope, Boniface Machuwaire, Arthur Maposa, Vumindaba Moyo and Fiona Ndhlovu, while ZC managing director Faisal Hasnain is an ex-officio member of the board.
An interim committee to run the affairs of ZC, Mlotshwa said, should be appointed, pending fresh elections and constitutional amendments to pave way for a properly constituted board truly representative of the real stakeholders of Zimbabwean cricket.
Mhlotswa also touched on the finances of ZC, saying "an independent forensic process" should be launched to get to the bottom of questionable bank loans secured by ZC from a financial institution whose directors also held posts in the cricket association.
"It is a fact that Zimbabwe Cricket carries a debt of at least US$19 million, the bulk of this originating from a single local banking institution whose directors are the same persons who were at the helm of Zimbabwe Cricket at the time the debt is alleged to have been incurred.
"Zimbabwe Cricket, as widely reported, repeatedly fails to pay its employees, at all levels, and taking, in some instances, unilateral action to vary payment terms of these employees.
"It is in the national interest that an independent forensic process ascertains precisely the manner in which the above loan of US$19 million was contracted, its quantum, its use, and whether such use was for the benefit of Zimbabwe Cricket," he said.
The ZC was given five days to leave office, failure of which legal proceedings would commence.
"Should the board not be inclined to act in terms of the above Section 30, within five working days of receipt of this correspondence, we have our clients' further instructions to file the necessary court application to compel the board to act in terms of the section aforesaid along with legal remedies open to our clients," he said.
Gerald Mlotshwa, a senior partner at Titan Law, has written to the Sports and Recreation Commission, Sports ministry and world cricket ruling body, ICC, detailing how ZC was in violation of its own constitution, further stating that ZC's constitution needed to be amended as a matter of urgency.
"The ZC board of directors is not lawfully constituted in terms of the association's own constitution, in particular Sections 20, 21 and 36 thereof providing for minimum qualifications of holding such office.
"We have it on good authority that at least three such present board members hold office in violation of this section. It is necessary that an independent forensic process ascertain precisely the composition and qualifications of the present board, and in addition thereto whatever instances of undeclared conflicts of interest obtaining," he said.
The current ZC board comprises of chairman Tavengwa Mukuhlani and directors elected on the basis of specialist skills, who include Sylvester Matshaka (vice), Elisha Kandi, Maureen Kuchocha, Mainos Mudukuti, Lincoln Bhila and Ronald Chibwe.
The provincial chairmen, who also make up the board, include William Chaitezvi, Wonder Chisango, Enock Ikope, Boniface Machuwaire, Arthur Maposa, Vumindaba Moyo and Fiona Ndhlovu, while ZC managing director Faisal Hasnain is an ex-officio member of the board.
Mhlotswa also touched on the finances of ZC, saying "an independent forensic process" should be launched to get to the bottom of questionable bank loans secured by ZC from a financial institution whose directors also held posts in the cricket association.
"It is a fact that Zimbabwe Cricket carries a debt of at least US$19 million, the bulk of this originating from a single local banking institution whose directors are the same persons who were at the helm of Zimbabwe Cricket at the time the debt is alleged to have been incurred.
"Zimbabwe Cricket, as widely reported, repeatedly fails to pay its employees, at all levels, and taking, in some instances, unilateral action to vary payment terms of these employees.
"It is in the national interest that an independent forensic process ascertains precisely the manner in which the above loan of US$19 million was contracted, its quantum, its use, and whether such use was for the benefit of Zimbabwe Cricket," he said.
The ZC was given five days to leave office, failure of which legal proceedings would commence.
"Should the board not be inclined to act in terms of the above Section 30, within five working days of receipt of this correspondence, we have our clients' further instructions to file the necessary court application to compel the board to act in terms of the section aforesaid along with legal remedies open to our clients," he said.
Source - the standard
