The Sunday Mail
A BREATH of fresh air is sweeping across the administrative corridors of Zimbabwe Cricket following weeks of an impasse between the Sport and Recreation Commission and the association’s board of directors.
A Deed of Settlement between the two parties will swing things in a new direction. Hopefully this will usher in a refreshing manner in the game’s administration.
According to the settlement, case number ACC 34/19 in the Administrative Court of Zimbabwe, a number of agreements were struck between the parties. ZC directors, led by chairman Tavengwa Mukhlani, were the applicants, while the SRC, under chairman Gerald Mlotshwa, is cited as first respondent
The Sunday Mail Sport reproduces the document.
In the Administrative Court of Zimbabwe, Case no. ACC 34/19, held at Harare in the matter between:
Tavengwa Mukuhlani first applicant
Sylvester Matshaka second applicant
Tafadzwa B. Madoro third applicant
Godwin Dube fourth applicant
Ronald Chibwe fifth applicant
Godfrey Nyadongo sixth applicant
Fiona Ndlovu seventh applicant
Arthur Maposa eighth applicant
Bornface Machuwaire ninth applicant
Lincoln V. Bhila tenth applicant
Maureen Kuchocha eleventh applicant
Lloyd Mhishi twelfth applicant
Givemore Makoni thirteenth applicant
Sports and Recreation Commission first respondent
Zimbabwe Cricket second respondent
Minister of Youth, Sport, Arts & Recreation third respondent
David Ellman-Brown fourth respondent
Ahamed Ebrahim fifth respondent
Robertson Chinyengetere sixth respondent
Sekesai Nhokwara seventh respondent
Duncan Frost eighth respondent
Charlie Robertson ninth respondent
Cyprian Mandenge tenth respondent
********************************
********************************
Deed of Settlement
Preamble
Whereas the Sports and Recreation Commission (SRC), acting in terms of Section 30 of the Sports and Recreation Commission Act, suspended the Applicants as Directors of the Second Respondent;
Whereas the Applicants appealed the decision of the SRC in terms of Section 32 of the SRC Act;
Whereas as a result of the suspension of the Applicants, the International Cricket Council, acting in terms of its own constitution, suspended Second Respondent as a member of the International Cricket Council on 18th July, 2019;
Whereas the Applicants are required by International Cricket Council to ensure for the lifting of their respective suspensions as Directors of Second Respondent by 8th October, 2019;
Whereas there is a real risk that Second Respondent’s membership of the International Cricket Council may be terminated if the Applicants do not ensure their reinstatement as directors of Second Respondent;
Whereas the Applicants have approached the Third and First Respondents in respect of assistance in addressing the International Cricket Council directive as well as the concerns of the First Respondent;
Whereas all of the parties are desirous of resolving matters in the best interests of Zimbabwe Cricket;
Now with the consent of all of the parties hereto, it is agreed as fo
The First Respondent hereby agrees forthwith to lift the suspension of the Second Respondent’s Directors suspended in terms of Section 30 of the Sports & Recreation Act on 19th June, 2019, and shall formally communicate this in writing to the Second Respondent upon the signing of this Deed of Settlement.
The Applicants, upon the lifting of their suspension, agree to co-opt two special skills persons as Directors of Second Respondent by 31st August, 2019, which persons shall have a verifiable and credible background in cricket and its administration.
Additionally, the centrally contracted cricketers shall be entitled to nominate one Director for appointment to the Board of Directors of Second Respondent, by 31st August, 2019, which nominee shall be a retired cricketer previously centrally contracted by the Second Respondent.
The Second Respondent shall, as is the norm after an elective annual general meeting, reconstitute its Board Committees, namely the Cricket, Finance, Audit, Human Resources and Cricket Development Committees.
The nominees of these committees shall be compiled after public adverts calling upon interested persons with the requisite skills and experience to provide detailed resumes for appointment to such committees.
An independent and reputable advisory firm shall compile shortlisted candidates for consideration and appointment by the Second Respondent as represented by the Applicants in respect of each such committee.
Fourth to Tenth Respondents (the Interim Committee), appointed by Third Respondent, shall forthwith cease to administer the affairs of Second Respondent pursuant to their appointment in terms of Section 30 of the Sports & Recreation Commission Act.
The Interim Committee shall be reconstituted as members of First Respondent’s Board Audit, Risk Management & Legal Committee appointed as such in terms of Section 12(2)(b) of the Sports and Recreation Commission Act
Second Respondent agrees to appoint, within sixty (60) days hereof, a substantive Chief Executive Officer, being a person whose identity has already been agreed to with the International Cricket Council, and if not so appointed, the post will be advertised and recruitment thereof made on the recommendation of a reputable consultancy firm within a further period of thirty (30) days.
Second Respondent agrees to restructure its constitution, governance and management structures at both provincial and national levels in order to implement fully its strategic plan as agreed with the International Cricket Council in 2018, in particular the reduction of cricket franchises from the present five to four provinces.
In particular, a skills audit shall be carried out by a reputable and independent consultant in respect of the managers of Second Respondent for the purposes of recommending any changes to the Human Resources Committees and the main board of the Second Respondent.
Save as may be adopted in the amended constitution, First Respondent agrees that it shall not interfere with the management of Second Respondent’s affairs without the consent of the International Cricket Council.
The parties agree to withdraw the matters pending before the High Court and Supreme Court, under HC 5574/19 and SC 415/19 respectively.
The parties hereto agree to cooperate with each other, exercising utmost good faith for the furtherance of the best interests of the game of cricket in Zimbabwe.
Each party shall bear its own costs in relation to all proceedings brought before the Courts in Zimbabwe.
