Suspended CEO in last-minute bid to block Cricket SA
Thabang Moroe looks to court on eve of appearance before the board for alleged misconduct
Drama unfolded on Wednesday when it emerged that suspended Cricket SA CEO Thabang Moroe is preparing to file papers at the high court in a bid to stop the organisation from proceeding with plans to haul him before the board on Thursday.
Cricket SA sent a letter to Moroe in July notifying him of its intention to terminate his contract for “cause”. The embattled organisation invited Moroe to appear before the board on Thursday to give reasons why he should not be dismissed.
Employers can activate a “termination for cause” clause for any actions that are considered as grave misconduct. Moroe was suspended in December 2019 over allegations of misconduct and has continued to be paid his full salary for the past nine months.
He replied to Cricket SA through his lawyers last week and turned down the invitation. He demanded to be subjected to a disciplinary process with an independent chair. Moroe gave Cricket SA until 10am on Wednesday to abort its plans, but the cricket governing body refused to withdraw.
He is now taking the organisation to court to interdict it from proceeding with the process.
“We will be filing court papers this evening [Wednesday] or tomorrow [Thursday] morning to interdict Cricket SA from proceeding with their plans,” lawyers from Motsoeneng Bill Attorneys, acting on behalf of Moroe, said on Wednesday.
“Essentially, the Cricket SA board wants to act as a disciplinary body against our client and that cannot be permitted, as per the Cricket SA disciplinary code.”
The lawyers said they do not believe the board is a competent structure to preside over the alleged misconduct case against Moroe.
“We want our client to be subjected to an independent chair who is going to preside over the proceedings as per the Cricket SA disciplinary code and procedure. We believe the board will be biased and we don’t want our client to appear before a biased board.”
Cricket SA on Wednesday confirmed the meeting.
It was reported in July that Cricket SA furnished Moroe with a charge sheet containing eight counts of misconduct eight months after his suspension.
Cricket SA said at the time that the decision to place the CEO on precautionary suspension emanated from reports received by the social and ethics committee and the audit and risk committee related to possible failure of controls in the organisation.
During the course of Moroe’s suspension, a forensic audit of critical aspects of the business and the conduct of management related to such aspects (failure of controls in the organisation) will be conducted by an independent forensic team, Cricket SA said on December 6.
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