Following Minister of Sport Nathi Mthethwa’s indication that he will intervene with Cricket South Africa in the coming week, here’s a look on what legal grounds he will act.
On Sunday morning Mthethwa’s department released a statement where he said he will take action against the organisation after the Members’ Council’s vote against the amendment of the Memorandum of Incorporation (MOI).
Mthethwa will use Section 13(5) of the National Sport and Recreation Act 110 of 1998:
5) (a): Subject to paragraph (b}, the Minister may, after consultation with the relevant MEC if applicable, intervene-
(i) in any dispute, alleged mismanagement, or any other related matter in sport or recreation that is likely to bring a sport or recreational activity into disrepute; or
(ii) in any non compliance with guidelines or policies issued in terms of section 13A or any measures taken to protect or advance persons or categories of persons, disadvantaged by unfair discrimination as contemplated in section 9 (2) of the Constitution,
by referring the matter for mediation or issuing a directive, as the case may be.
(b): The Minister may not-
(i) intervene if the dispute or mismanagement in question has been referred to the Sports Confederation for resolution, unless the Sports Confederation fails to resolve such dispute within a reasonable time; and
(ii) interfere in matters relating to the selection of teams, administration of sport and appointment of, or termination of the service of, the executive members of the sport or recreation body.
(c): if a national federation fails to adhere to a decision of the mediator or directive issued bythe Minister as referred to paragraph (a), the Minister may-
(i) direct Sport and Recreation South Africa to refrain from funding such federation;
(ii) notify the national federation in writing that it will not be recognised by Sport and Recreation South Africa; and
(iii) publish his or her decision as contemplated in subparagraphs (i) and (ii) in the Gazette.
