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Pretoria - A minority report prepared by a lawyer suggested strong action against Cricket SA (CSA) CEO Gerald Majola after an internal probe, a commission of inquiry heard on Monday.
This was the testimony of CSA board member Hlalele Molotsi before the inquiry in Pretoria.
He said the minority report was prepared by advocate Nazeer Cassim after an inquiry chaired by acting CSA president AK Khan into undisclosed bonuses paid to Majola and others.
Despite the damning minority report, the CSA board opted for the recommendations from the Khan commission's majority report which found Majola should have declared the bonuses to the CSA remuneration committee (Remco), said Molotsi.
Following the commission’s report to the CSA board, Majola was cautioned and ordered to repay R28 169 in travel costs spent on his children.
Molotsi, however, revealed that Cassim had tabled a minority report that suggested a disciplinary hearing should be instituted against Majola.
"Advocate Cassim emphasised something definitely was not right as per the investigation and he found that if he [Majola] was the CEO for a private company, on the basis of the payment of the travels he would face a disciplinary hearing or at least suspension or dismissal," Molotsi said.
He said after he had read through the Khan commission's report, he felt it had conducted its investigation in a subjective manner and was sympathetic towards Majola.
In the first submission to the committee on Monday, former CSA audit committee chairman Colin Beggs said Majola and former chief operations officer Don McIntosh received more than two-thirds of the money allocated to IPL bonuses.
"I don't know who had the authority to decide that it was an appropriate split for these two executives to get the majority of that, whereas the remaining 20-odd staff got... [the balance]."
He said Majola should have known that he had to declare his bonuses and could not claim afterwards that he was unaware he had to disclose them to Remco.
"There were a lot of pointers towards a code of conduct and declaration of any interest that one might receive," Beggs said.
"It is virtually the first item, after apologies, to declare any interests one has.
"The point is there were just so many opportunities to do that."
There was certainly an opportunity directed to the external auditors and, in fact, a director and officer were required to disclose to its shareholders, and through the annual report, the amount of the benefit they had received.
In the last oral presentation of the day, former Remco member Thandi Orleyn was critical of Majola and McIntosh over the nondisclosure of the bonuses to Remco.
"If I knew there was something in the back pocket I would have to consider it," Orleyn said.
Orleyn felt Majola and McIntosh deliberately did not disclose to Remco the bonuses they received from the IPL and ICC.
"I believe so, because they came and motivated to us for a bonus. If you already have a bonus, why come back and motivate for another?"
Keith Lister, an independent Gauteng Cricket Board (GCB) director, told the commission he was dumbfounded that Majola had signed a confidentiality agreement with the IPL.
He also said he was irked over CSA’s decision to ban international matches from the Wanderers after the GCB’s spat with CSA over the IPL contract.
"I can’t comprehend that the board in 2009 was prepared to agree to a confidentiality agreement," Lister said.
Earlier, radio presenter John Robbie made an oral presentation on his concerns over the state of CSA.
This was the testimony of CSA board member Hlalele Molotsi before the inquiry in Pretoria.
He said the minority report was prepared by advocate Nazeer Cassim after an inquiry chaired by acting CSA president AK Khan into undisclosed bonuses paid to Majola and others.
Despite the damning minority report, the CSA board opted for the recommendations from the Khan commission's majority report which found Majola should have declared the bonuses to the CSA remuneration committee (Remco), said Molotsi.
Following the commission’s report to the CSA board, Majola was cautioned and ordered to repay R28 169 in travel costs spent on his children.
Molotsi, however, revealed that Cassim had tabled a minority report that suggested a disciplinary hearing should be instituted against Majola.
"Advocate Cassim emphasised something definitely was not right as per the investigation and he found that if he [Majola] was the CEO for a private company, on the basis of the payment of the travels he would face a disciplinary hearing or at least suspension or dismissal," Molotsi said.
He said after he had read through the Khan commission's report, he felt it had conducted its investigation in a subjective manner and was sympathetic towards Majola.
In the first submission to the committee on Monday, former CSA audit committee chairman Colin Beggs said Majola and former chief operations officer Don McIntosh received more than two-thirds of the money allocated to IPL bonuses.
"I don't know who had the authority to decide that it was an appropriate split for these two executives to get the majority of that, whereas the remaining 20-odd staff got... [the balance]."
He said Majola should have known that he had to declare his bonuses and could not claim afterwards that he was unaware he had to disclose them to Remco.
"There were a lot of pointers towards a code of conduct and declaration of any interest that one might receive," Beggs said.
"It is virtually the first item, after apologies, to declare any interests one has.
"The point is there were just so many opportunities to do that."
There was certainly an opportunity directed to the external auditors and, in fact, a director and officer were required to disclose to its shareholders, and through the annual report, the amount of the benefit they had received.
In the last oral presentation of the day, former Remco member Thandi Orleyn was critical of Majola and McIntosh over the nondisclosure of the bonuses to Remco.
"If I knew there was something in the back pocket I would have to consider it," Orleyn said.
Orleyn felt Majola and McIntosh deliberately did not disclose to Remco the bonuses they received from the IPL and ICC.
"I believe so, because they came and motivated to us for a bonus. If you already have a bonus, why come back and motivate for another?"
Keith Lister, an independent Gauteng Cricket Board (GCB) director, told the commission he was dumbfounded that Majola had signed a confidentiality agreement with the IPL.
He also said he was irked over CSA’s decision to ban international matches from the Wanderers after the GCB’s spat with CSA over the IPL contract.
"I can’t comprehend that the board in 2009 was prepared to agree to a confidentiality agreement," Lister said.
Earlier, radio presenter John Robbie made an oral presentation on his concerns over the state of CSA.
