News24

Commission 'protected' Majola

2012-03-09 14:46

Pretoria - The internal Khan Commission into the non-disclosure of staff bonuses actually protected Cricket SA (CSA) chief executive Gerald Majola, retired judge Chris Nicholson said on Friday.

“This commission was set up to protect Majola from any inquiry... and to minimise any fallout to him,” Nicholson told reporters in Pretoria.

“The commission exonerated Majola and he was repaid his bonus, with interest."

Sports Minister Fikile Mbalula appointed the Nicholson inquiry in November last year to investigate CSA's failure to implement certain recommendations by auditing firm KPMG.

A KPMG report found that bonus payments of R4.5 million to Majola, former CSA chief operating officer Don McIntosh, and other employees, had been kept secret from the federation's remuneration committee.

It also found that Majola had breached the Companies Act at least four times.

The committee received written and oral submissions from current and former CSA staff and the public over three months.
It adjourned at the end of January to compile its report.

Nicholson said Majola’s non-disclosure should be referred to the National Prosecuting Authority.

“Such investigations should also include whether any provisions of the Prevention and Combating of Corrupt Activities Act, 2004... have been contravened,” he said.

“Section 10 provides that any person who is a party to an employment relationship and who, directly or indirectly, accepts from any other person any unauthorised gratification… is guilty of the offence of receiving unauthorised gratification.”

This would apply to both Majola and McIntosh.

He said a prima facie case existed against Majola.

“We believe there is a prima facie case of non-disclosure concerning the bonuses and irregularities with regard to travel and other costs,” said Nicholson.

Majola's contract provides for suspension with pay for up to 180 days, pending the conclusion of the inquiry. The committee recommended that the board consider this, said Nicholson.

“It would be in Majola's own interests to give him time to prepare his defence, unfettered by his normal duties."

Nicholson said Majola was the dominant force in the allocation of bonuses and not McIntosh.

The committee was also mandated to investigate the legality of expenses incurred by Majola.

Majola’s employment contract stated that he would be reimbursed for travel expenses paid out of his own pocket, provided they were approved by the board.
The matter related to Majola claiming travel expenses for his children and wife.

He blamed it on a mistake made either by a travel agent or his professional assistant.

He, however, admitted that CSA should not have reimbursed him.

“The committee was sceptical that it was an error of his professional assistant or a travel agent,” said Nicholson.

"They would have been acting on Majola’s instructions and it is improbable that they would charge CSA for his children’s flights without his instructions, either in general or on specific occasions [when] the said flights were undertaken.”

National Treasury accountant general Freeman Nomvalo said if the matter had been dealt with in the correct manner this inquiry would not have been necessary.

"In fact what should have occurred should have been an independent disciplinary inquiry,” he said.

When asked whether Majola should step down, Nomvalo said if those involved were serious about acting in the best interest of the sport, they would do the right thing.
Next week Mbalula will brief the media, the presidency and the state law advisors.

The SA Sports Confederation, Olympic Committee and CSA received the report on Wednesday.

SAPA

Comments
  • Jono - 2012-03-09 14:57

    Personal gain makes people do scary things!

      HandyAndy - 2012-03-12 20:40

      If the commission was set up to protect Majola, all those who were invoved in the commission must be fired. Further to this , they must be criminally charged for aiding and abbetting a crime. They were attempting to cover up internal fraud, which is a criminal offence. It is simple, the whole CSA board must be cleared out, and new people put in place !

  • Dennis - 2012-03-09 15:03

    What a nasty piece of work this cadre is !!

  • Marc - 2012-03-09 15:05

    If the Khan Commission protected Majola, surely then the member(s) of that commission are complacent in the crimes committed by Majola and their actions should, likewise, be referred to the NPA.

      Mhlonso - 2012-03-09 15:34

      Well put mate!

      Stormkaap - 2012-03-09 15:46

      It is complicit in the crimes

      Sam - 2012-03-09 17:29

      @Nhamo.dzenyika: you need help, bro. You are seriously confused.

      Atholl - 2012-03-09 23:31

      NICELY spotted, Marc :: So according to the 'Corruption Act' which refers to the three-point test to be applied :: Did the Khan Commission act : ..... 1 wrongfully .... 2 knowingly and .... 3 to benefit a wrongdoer .... ....... it's just like de Majola from de Mafia and de Khan d'mafiosa who operate like ....... de Capino de Mafiosa and de Brasco de Crookiosa ... .. now we know why de ministerio de sportsiosa du Fikile deMbalula received death threats for initiating the inquiry into the Cricket Mafiosa

      Atholl - 2012-03-09 23:43

      @Nhamo.dzenyika HANSIEdid overstep the line and did take the wrap -- but what may be important to stear you in the right direction is the following : {Fact} Would the same Mafiosa conduct have been attributed to say a Pollock (P S RG), a Richards (B), a Rhodes (J), a D'Oliviera, (B) a Hendry (O) a Rice (C), a Ford (G) ... {Point} When sport is administered or coached by people who have worked hard through grass roots, crafting their own 'records' to the sport's pinnacle they leave behind the sport in a better condition that what they received it in. When they are hand picked from nowhere, no credible record - there will always be doubt as to their real (hidden) intent.

      Jock - 2012-03-10 03:06

      Nhamo - firstly whites only form 10% of the population so number of black people found guilty of corruption should exceed the number of white people. Majola was CEO and the judge is saying Mcintosh acted under instruction. Zuma and Shaiks got off scott free. Shaik early parole. Travelgate MP's all got off. etc, etc

  • trevor.padayachee - 2012-03-09 15:28

    Ok, now its gone up to the third umpire...was his hands in the till or not:) DECISION PENDING!!!!! ..................OUT.................... O U T............................OUT........................

      Ally - 2012-03-09 15:55

      oh, very good ... unfortunately he was not out for a duck

      Dirk - 2012-03-09 16:21

      No, No, not out! His hands were IN ! --- in the till. So, he is OUT!!!

  • basie.pretorius - 2012-03-09 15:30

    This is inherant in these people they think,Majola sorry one braincell cant think, that they are owed somthing by the citizens of SA, Mbalula Majola and all of them cadres hopeless bunch of thieves and liars

  • Mzwandile - 2012-03-09 15:35

    I am intrested to hear what the Judge will say about the precedence that was set by Allie Batcher when he also paid himself R5million bonus from hosting the world cup

      Ally - 2012-03-09 15:59

      If you'd bothered to read previous reports as well as Dr Bacher's comments at the time the Nicholson Commission was taking evidence, you'd know what the answer is. Any case, the commission was not set up to to investigate Ali Bacher, so the judge would have nothing to say about the matter.

      Sean - 2012-03-09 16:25

      Yes I must agree. Ali Bacher received his pension in the form of this "bonus". The big difference is that the Board voted on it, they weren't denied access to the information!

      Sam - 2012-03-09 17:31

      Mzwandile - you have completely missed the point of this Majola enquiry. You need to go right back to the beginning, read everything slowly, and remember to CONCENTRATE.

      Mike - 2012-03-09 18:28

      Gee Mzwandile, you sure are a busy little 'stirrer ' aren't you. So many different sites to keep you busy (talking nonsense)

      David - 2012-03-10 13:16

      Who is Allie Batcher?

  • Andrew - 2012-03-09 15:59

    Just another example of corrupt ANC cadres. Sick sick sick!!!!

  • Deon - 2012-03-09 16:01

    Step down Majola.

      Yar - 2012-03-09 19:39

      Try "Step inside Majola, This cell will be your home for the next 15 years." Much nicer ring to it.

  • Sean - 2012-03-09 16:23

    Is this the same Mr Khan who is running CSA at the moment? After being found to have "protected" Majola surely he should step down. He won't, but he should!

      Anthony - 2012-03-09 22:30

      yes its the same khan --they should arrest him and jail him for lying

  • Roy - 2012-03-09 16:53

    Put the whole Khan Commission on trial because they are as guilty as Majola and Don McIntosh and the whole CSA. What they were doing was wrong so why should they not be "overlooked".

  • Roy - 2012-03-09 16:58

    nhamo.dzenyika if you read all the comments made you will note that there is no reference to black or white as regards all of these crooks. The big problem is that blacks always use the racist card as did Majola to steal even from their own people and think this is OK.

  • Zimbobwe - 2012-03-09 17:41

    I say Dr Mtutuzeli Nyoka open that champagne and celebrate. The arrogant dictator is going down slowly. How can you override the president's reccomendation with impunity??? Greedy bastard!!!

  • David - 2012-03-09 22:22

    Public floggings should be brought back!!

  • Jacqui - 2012-03-10 11:44

    Protecting Majola!!!!. Nothing new, someone else will be doing the protection from now on.

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