Johannesburg – Suspended Cricket SA (CSA) CEO Gerald Majola will know his fate on Friday after being found guilty in absentia by an independent disciplinary hearing, CSA’s lawyer said.
“We've completed stage one of the disciplinary hearing, which was the findings on the merits of the case – in other words, the verdict,” Nicholas Preston said on Thursday.
“Majola was found guilty on all charges and now we are ready for stage two, which is deciding the appropriate sanction. We hope to have it finalised by Friday.”
Majola was found guilty on several charges, but primarily of the non-disclosure and receipt of bonuses from the 2009 Indian Premier League tournament and ICC Champions' league, and the misuse of his travel allowance.
He was invited to attend both the findings and the sanction, but chose not to do so.
He withdrew from the hearing last Wednesday, questioning the legitimacy of the process and arguing that the CSA board had already cleared him of any wrongdoing in respect of the charges levelled against him.
Majola argued that, according to the National Sport and Recreation Act, a minister did not have power to appoint a committee of inquiry and only the President of South Africa could do so.
He was referring to the Nicholson Inquiry, an independent committee appointed by Sports Minister Fikile Mbalula, to investigate the long-running bonus scandal at CSA.
Nicholson recommended that Majola be suspended and face a disciplinary hearing, and the CSA board then voted to accept Nicholson’s findings.
Majola's lawyer Pumezo David said on Thursday that Majola had set aside the disciplinary hearing and had formally opposed it through the Labour Court.
He expected Majola to be dismissed by CSA after the outcome of the disciplinary hearing on Friday.
However, David said this would not deter them from following their own path.
“Our position is simple, in that we are not concerned 1/8about 3/8 what happened in our absence 1/8at the hearing 3/8. We will consider our own processes.”
David confirmed that all the respondents in their Labour Court application, which included CSA and President Jacob Zuma, had been furnished with papers and had until October 29 to respond.
He expected CSA to oppose the application, but did not envisage that Labour Court proceedings would start before the end of the year.
“It does take a couple of months to get onto the court roll, but we want the matter to be put to bed sooner rather than later,” David said.
Preston said he could not comment on Majola's Labour Court application yet, but was certain CSA would oppose it. – Sapa