Statement by Judge Chris Nicholson at the media briefing to announce processes to be followed by the Ministerial Committee of Enquiry into the affairs of Cricket South Africa - Durban

Members of the media
Ladies and gentlemen

On 4 November 2011, Sport & Recreation Minister, Mr Fikile Mbalula, announced the Ministerial Committee of Enquiry to conduct the investigation into the affairs of Cricket South Africa. The Committee is chaired by me, Judge Chris Nicholson, and has as its members, Mr Freeman Nomvalo, the Accountant-General and Ms Zoliswa Zwakala, who is the Chief Director for Internal Audit in National Treasury.

On Friday, 11 November 2011, the Committee had its first formal meeting with Minister Mbalula, who emphasised the importance of the investigation for the future of Cricket in our country. 

In the meeting it was agreed that the Committee would commence with its work immediately and make every effort to complete its assignment within one month. The Minister emphasised the independence of the Committee and his commitment to ensuring that the Committee is supported fully by his department.

We felt it appropriate to convene this media briefing to inform all South Africans of the processes to be followed and to urge anyone with relevant information to come forward to assist this enquiry and contribute towards its success.

It is necessary that the enquiry be conducted with transparency and due regard for the interests of all affected parties. The terms of reference are available for distribution and appear on the department’s website. We felt that it was necessary to interact with the media to outline our processes and terms of reference and also clear up any misconceptions that may exist. We will obviously guard against discussing issues that are at the core of the enquiry as these will be ventilated during the inquiry itself. We must emphasise that our work is mainly dependent on the input that we get from you as members of the public and also from employees of Cricket SA.

Between today and Tuesday, we will be running advertisements in the national newspapers, inviting written submissions in accordance with paragraph 15 of the Committee’s Terms of Reference, from the Board of Cricket SA, any of its employees or any other person, including members of the public. I urge all those who wish to make an input, to do so, with this proviso that they are relevant to such Terms of Reference.

The submissions must reach the Committee not later than noon on 21 November 2011.

The second phase of the enquiry will commence if possible on 21 November 2011 and take place in Pretoria. The Committee in its discretion, may, in terms of paragraph 15.3 of the Terms of Reference, invite persons who have made written submissions, to address it orally. Persons making such written submissions will be entitled to be legally represented at the meetings of the Committee, if they so wish.

The submissions can be submitted via e-mail; fax; post; and hand delivery.

The details are as follows:

E-mail: CricketEnquiry@srsa.gov.za
Fax: 086 240 9455
Postal address: Committee of Enquiry, Sport and Recreation SA, Private Bag X 896, PRETORIA, 0001
Physical Address: Sport and Recreation SA, Committee of Enquiry-9th Floor, Regent Place Building, C/o Queen and Vermeulen St, Pretoria.

The Committee of Enquiry’s Terms of Reference can be obtained via the website of Sport and Recreation SA at www.srsa.gov.za, where you first click on the article titled “Minister appoints committee of enquiry into Cricket” and then click on “Terms of Reference” at the end of the article. Alternatively, a request for a copy of the Terms of Reference can be made via any of the contact addresses I have referred to.

Paragraph 15 of the Terms of Reference requires us to acknowledge receipt of the submissions received and record them accordingly.

We will summarise and collate the essential elements of each submission and where in the opinion of the Committee, a written submission needs to be supplemented by oral evidence, the Committee will request the person who made such submission to come and present to it at a place that is accessible to the invitee. Such interactions shall be led by the Chairperson of the Committee.

The Terms of reference address an alleged failure by Cricket South Africa to adhere to certain recommendations of KPMG and Legal Counsel, following a forensic investigation into the affairs of Cricket South Africa, in view of the seriousness of the contraventions of the Companies Act. What is expected from the Committee, is detailed under paragraph 12 of the Terms of Reference. Our role is not to restart the process from the beginning, but to concentrate on those aspects of the evidence that assist us to complete our mandate.

While the process is to be informal, flexible and non-accusatorial, we will allow maximum participation by the interested parties so that justice may be done.

Part of our mandate is to investigate issues of good corporate governance in Cricket SA and we would welcome submissions in that regard.

We wish to thank the Minister for facilitating the process and for providing the infrastructure and logistical support for our work.

I thank you.

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