Northern Cape Cricket turmoil deepens

THE SUSPENDED CEO of Northern Cape Cricket (NCC), Thapelo January, and the Northern Cape Heat team manager, Mbulelo Bosman, have been advised to approach the Labour Court in a fresh bid to prevent their disciplinary hearings from proceeding.

The pair were placed on precautionary suspension in May with full pay, after adverse findings were made in an internal audit report.

A forensic report, compiled by Nexus Forensic Services in September, recommended that charges including fraud, racketeering, money laundering, theft and corruption be investigated at NCC.

The report details a web of jaw-dropping transactions, including undisclosed payments, personal bank transfers and exorbitant commissions not reflected on the payroll.

January and Bosman approached the Northern Cape High Court to urgently review the appointment of NCC administrator Jesse Chellan, arguing that he lacked legal authority to discipline them.

Chellan was appointed in February after the NCC board was temporarily dissolved.

Both men – who were earlier declared delinquent directors by court order – claimed that their constitutional rights were infringed by Cricket South Africa (CSA).

On the same day his application was brought before the Northern Cape High Court on October 24, January stated in a PowerFM radio interview that his laptop had been seized because it contained information he had shared with the Special Investigating Unit (SIU) regarding the alleged embezzlement of R35 million at NCC before his tenure. 

He maintained that he was being made a “scapegoat”, claiming there were orchestrated attempts to dismiss him.

“NCC was bankrupt when I took office,” he said.

Bosman told the station that he had been a victim of racism at NCC.

January argued in court that he would not receive a fair hearing and said they were awaiting an outcome from the Commission for Conciliation, Mediation and Arbitration regarding what they believe to be unfair suspensions.

He complained that he had been “sitting at home” for more than six months, while R10,000 had been deducted from his salary.

January also disputed the findings of the forensic investigation.

He further explained that they could not afford legal representation and had to rely on Google to prepare their case.

The CSA’s legal representative, advocate Dries van Tonder, pointed out that although January and Bosman were laypersons, they were “educated gentlemen” with knowledge of the law and should therefore be held liable for legal costs.

Advocate Mark Coetsee, appearing for Chellan and NCC, argued that the matter could have “national and international implications”, noting that South Africa was set to host the ICC Cricket World Cup in 2027.

Judge Danie Olivier dismissed the urgent application and ruled that the Northern Cape High Court lacked jurisdiction to decide on labour matters. January and Bosman were ordered to pay the legal costs.

Disciplinary proceedings

A disciplinary hearing against January proceeded in his absence on October 15 after the administrator questioned the validity of a medical certificate he submitted.

The chairperson dismissed January’s application to recuse himself on October 16. The hearing was postponed to October 28. 

In court papers, Chellan accused January of being “economical with the truth” and making “scandalous allegations of impropriety”. He argued that January’s “mysterious illness” appeared to be an attempt to delay proceedings “to draw a salary from NCC for as long as possible” while on suspension.

Chellan added that, due to the delinquent director order, January was “incapable of serving on any board of directors whatsoever”.

Bosman ‘hospitalised’

Bosman was unable to attend his disciplinary hearing due to alleged hospitalisation,  although the reason for his admission was not stipulated.

The letter stated that the date of admission was October 13, while the date of discharge from  hospital was “unknown”.

He applied for the recusal of the chairperson on October 16 and submitted a medical certificate the following day stating he was booked off until October 24 and was unable to check his e-mails.

He prohibited any direct communication with his medical practitioner, citing that it was “invasive, unlawful, and a breach of doctor-patient confidentiality”. 

The medical certificate was admitted only as hearsay evidence, where it was noted that hospital stickers were not sufficient proof of admission.

Bosman again failed to attend the rescheduled disciplinary hearing on October 20–21.

SIU investigation

SIU spokesperson Kaizer Kganyago indicated that the investigation into the irregular payment of Covid-19 Temporary Employer/Employee Relief Scheme funds, amounting to R1.5 million, to individuals or entities at NCC was expected to be concluded in December.

“January was suspended shortly after our investigation began, resulting in limited interaction between him and the SIU investigating team,” Kganyago said.

He added that January and Bosman were engaged in their capacity as standard witnesses.

Kganyago indicated that he could not confirm whether any investigations were being conducted against any other NCC or CSA officials.

“We do not have any knowledge or insights regarding the internal forensic investigation conducted by Cricket SA.”

Key findings of the Nexus forensic report

Cricket South Africa’s Whistleblowing Investigation Panel appointed Nexus Forensic Services (Pty) Ltd in May to investigate suspected financial misconduct at NCC. Among the findings listed:

• Over R1 million was paid to a company registered in the name of an NCC official’s niece for catering and general services at a mini-cricket festival between 2023–24. It was discovered that the official personally received payments amounting to R38,663.79 from this company between April and May 2024.
• A “one-of-a-kind-in-the-country” NCC scoreboard costing R1.3 million was procured, with duplicate invoices generated. A proposal was made to the Northern Cape Economic Development Agency to cover R1.4 million for scoreboard expenses and meals for the SA vs England women’s international match in December 2024.
• R2.5 million was paid into an official’s personal bank account allegedly to keep NCC money “safe” and to avoid the SA Revenue Service deducting money owed to it from the NCC account. The money would supposedly be paid back to NCC later, although it appeared as if not all the money was refunded to NCC. 
• Large reimbursements paid to officials that were not salary related:
  • R97,000 paid to a communications company without supporting documentation.
  • R48,000 for gardening services and rubble removal at HC Rose Cricket Club. 
  • R116,000 for a corporate golf day package.
  • R1.6 million for audio services between December 2023 and September 2024.
  • R786,606.81 for car rental services, including traffic fines and damages, between 2022 and 2024.
  • R3 million for catering and liquor between June 2022 and March 2025.
  • Payments amounting to R309,918.46 made to a liquor store between March 2023 and March 2025.

Governance concerns flagged

CSA further highlighted:

• Failure by NCC to provide audited annual financial statements for the 2022/23 and 2023/24 financial years, with adverse audit opinions issued.
• NCC’s bank balance reflected no change since the year ended April 30, 2024.
• Poor financial management, weak accounting processes and board governance failures.
• The CFO became aware of substantial debt owing to SARS, in excess of R1.3 million in unpaid PAYE, in November 2024.
• Failure to hold a successful annual general meeting for two years resulted in further governance transgressions and issues with directors serving beyond their terms.
• A physical altercation during the June 2024 NCC AGM involving the chairperson and another board member, and ongoing legal disputes between board members.
• Failure to disclose and declare business interests and acceptance of a R14,500 “gift” or bribe between November and December 2024.
• Payments of R1.5 million into an official’s personal bank account and granting of personal home loans and unauthorised vehicle finance without board approval.
• Transferring NCC funds into the bank account of an employee to prevent SARS and other creditors from receiving legally due tax payments and/or amounts to be recovered by service providers.
• Although NCC initially received R7.2 million from SARS in VAT recoveries between December 2022 and March 2024, the revenue service later instructed that this money be repaid.
• Refusing to allow the NCC administrator signing powers for the bank account.