Firdose Moonda is ESPNcricinfo's South Africa correspondent
Mtutuzeli Nyoka, the Cricket South Africa (CSA) president, faces a second no-confidence vote after the board tabled the motion at a special general meeting on September 8. The meeting to vote on whether Nyoka will be removed as president will be held on October 15.
CSA confirmed the notice had been sent to Nyoka's office and to his lawyer, but Nyoka declined to comment when ESPNcricinfo inquired whether he had received the documentation.
This is the second time in the space of eight months that CSA have attempted to oust their president. They first removed him in February but Nyoka challenged that decision in the South Gauteng High Court. It was found that the axing was unlawful and he was reinstated.
The latest effort came after CSA's annual conference, where Nyoka walked out of a board meeting, claiming there were issues on the agenda that he was not informed of. Nyoka's lawyer, Bernard Matheson, said the items included a complaint against Nyoka for breaching media protocol, objections about the way he dealt with press releases, and an allegation that the national team was concerned that he had set a poor example.
Nyoka informed the board he would lay criminal charges. "He did not say who those charges were against or what the charges were," AJ Sooklal, head of CSA's legal and governance committee, said.
CSA hit back, claiming Nyoka had "brought the organisation into disrepute" and "treated the board in a contemptuous manner." They also accused him of contravening the Companies Act by receiving his annual honorarium in advance without the consent of the board.
The latest developments were part of the year-long spat between Nyoka and CSA chief executive Gerald Majola, which started when 4.7 million Rand ($671,428) were paid in bonuses after South Africa hosted the 2009 IPL and the Champions Trophy. The payments were not processed through CSA's remunerations committee (Remco) - although they were taxed - and were picked up as irregularities by CSA's auditors Deloitte. An external investigation was set up to look into the matter.
Eight weeks later, CSA moved the inquiry in-house because board members felt they had not exhausted their own procedures. A committee of inquiry was appointed under vice-president AK Khan. In November, the Khan Commission cleared Majola of any wrongdoing save for making "an error of judgment" by not declaring the payments through Remco.
The first attempt to remove Nyoka came three months later, but when Nyoka returned to office in May, the matter was reopened. As part of his court battle, Nyoka asked that CSA undergo a forensic audit and KPMG were tasked with conducting it.
The audit results were presented to the board on July 30. KPMG found that Majola could have breached the Companies' Act in four instances and had to pass the matter on to a lawyer in order for CSA to take a decision. With the help of the South African Sports Council and Olympic Committee, Azhra Bham was appointed as the legal advisor.
Bham delivered his findings orally to CSA the day before their AGM on August 20. The board issued Majola with a severe reprimand for his role in the bonus payments and resolved to institute better corporate governance measures. Nyoka did not attend the AGM for personal reasons and tried to get a copy of Bham's report, which has not been released.
The matter may end up in court again, further denting CSA's reputation, and it has had consequences that directly affect cricket. With less than a month to go before the 2011-12 season starts, CSA is yet to announce sponsors for two of the three domestic competitions, the international Twenty20 team and all three international formats - Tests, ODIs and T20s. CSA's commercial manager, Richard Glover, said the scandal had taken its toll because "the new sponsors want us to draw a line under the bonus saga before we make any announcements." CSA's only confirmed international sponsor is Castle Lager, who renewed and expanded their contract to include the Test and ODI teams in August.