- Sport24 can exclusively reveal that Judge Ngoepe has ruled the attempt to oust sitting Easterns president Peter Vonya was irregular.
- Easterns director Adrian Landsberg was allegedly behind the plot to overthrow Vonya after being overlooked for the CEO job last year.
- Ngoepe called the plot a "fishing expedition: throw as many accusations as possible and see what happens".
Retired Judge Bernard Ngoepe has cleared Eastern Cricket Union (ECU) president Xolani Peter Vonya, after ruling that the plot to oust him from the Cricket South Africa (CSA) affiliate was "irregular".
Sport24 can exclusively reveal that, in a report dated 30 September, Ngoepe not only ruled that Vonya's attempted removal in May this year was irregular, but called it a "fishing expedition" by those plotting to oust him.
Vonya, who became Easterns president in May 2019, is one of CSA's Members' Council members eligible to stand for a CSA board position or contest the vacant position of CSA president or vice-president at the next annual general meeting.
Endemic power struggles in cricket's boardrooms across the country have been par for the course in the crisis-riddled sport, from its lowest levels right up to the mother body, Cricket SA.
Wrote Ngoepe:
"It is my finding that the removal of Mr Xolani Peter Vonya as the president/chairperson and non-independent director of Eastern Cricket Union was irregular and therefore of no force or effect."
The preamble to Vonya's attempted ousting was that five of the 10 ECU directors held "secret" meetings on 25 and 29 April, of which the latter date's minutes say: "It was resolved to draw up charges and motions for a resolution for Vote of No Confidence in the Chairman of the Board Mr Xolani Peter Vonya."
The minutes also said: "It was agreed to start compiling a bundle with all communications related to the charges and contraventions."
Ngoepe took a dim view of the secret meetings.
"Meetings should not be called, and agendas set, behind any director, let alone the president," Ngoepe said.
Eight charges against Vonya were originally devised at the April meetings, but when the notice regarding the vote of no confidence was sent to ECU board members on 12 May, the charges had ballooned to 20 and were "reconfigured" (according to Ngoepe).
The allegations against Vonya were of "negligence or dereliction in the performance of his duties" as president and a date was set for 23 May for the vote of no confidence.
The notice was signed by Adrian Landsberg, the alleged mastermind behind the plot, who is, ironically, a member of the Easterns social and ethics committee.
The notice also bore the name of the chairperson of that committee, Lekoko Mateme, but did not have his signature.
Mateme's missing signature was part of Vonya's counter-arguments against the legality of the process.
Vonya also argued that a board sub-committee did not have the rights to remove a director of a board – that was the prerogative of the board itself.
By the time of the 23 May ECU board meeting, where it was resolved to remove Vonya, illegally so as Ngoepe uncovered, Vonya had lodged a dispute with CSA.
CSA overruled the Easterns resolution to remove Vonya, which meant he remained president and served on CSA's Members' Council as usual, while Ngoepe was investigating the goings-on.
"The purpose of Section 71(4) of the Companies Act of 2008 is to ensure that rules of natural justice are observed – the other party must be heard," Ngoepe wrote in his scathing ruling.
"For that to happen, the accused director must be served with a statement setting out reasons for the intended resolution with sufficient specificity to enable them to reasonably prepare a defence.
"The notice failed to do so. It does no more than state about 20 conclusions arrived at, but without setting out any factual basis for them.
"It follows that Mr Vonya would not have been able to prepare a meaningful presentation to the charges levelled against him.
"Secondly, the notice places the onus upon him to prove himself innocent – in many instances, where it requires him to provide 'proof'.
"This gives the impression of a fishing expedition: throw as many accusations as possible and see what happens!" (Judge Ngoepe's emphasis).
Landsberg was apparently scorned after he was overlooked for the CEO position last year, which went to former Mamelodi Sundowns sponsorship manager Mpho Seopa – who is now also under suspension.
Landsberg threatened to take the ECU board to the High Court, Ngoepe's report notes, because his CV did not make the shortlisted candidates' list.
Said Ngoepe: "The issue is that six of the (20) charges [against Vonya] relate to the issue of the appointment of the CEO, the very position Mr Landsberg had felt so strongly about that he was even prepared to go to the High Court for."
Ngoepe's ruling could have potentially devastating consequences for Landsberg, if, when the Easterns Members' Council reconvene, he is found guilty of manipulating board members and masterminding an unlawful plot to overthrow a sitting president.
"This matter has been tabled to the (Easterns) Members' Council, who have to deliberate further in terms of the irregularities that happened," said Vonya.
"Does it endorse such behaviour and what are going to be the consequences? From a reputation perspective, the union has been brought into disrepute and they have tarnished my name."
When contacted for comment about allegedly being behind the hatched plot against Vonya, Landsberg initially said he needed permission from Vonya to give his version of events, but did not answer calls from Sport24 after Vonya gave the green light.
CSA had not responded to requests for comment at the time of publishing.