Restore ‘democratically elected’ ZC board or else you’re completely out – ICC statement

The International Cricket Council (ICC) has instructed the reinstatement of the Zimbabwe Cricket board led by Tavengwa Mukhuhlani or risk having its membership completely revoked.

The letter by Manu Sawnhey, the ICC Chief Executive reads:

We refer to:
(1) The Memorandum & Articles of Association of the International Cricket Council (“ICC”);
(2) The correspondence exchanged between the Sports and Recreation Commission of Zimbabwe (“SRC”) and you concerning the SRC’s decisions to suspend the entire Board of Zimbabwe Cricket;
(3) The correspondence on the above-captioned issue exchanged between the ICC and you;
(4) The attendance of the representatives of the Interim Committee, David Ellman-Brown and Retired Justice Ahmed Ibrahim and the representations and documents they made and handed to the ICC Executive Board on the 18 July 2019 in London.
Articles 2.4 (D) and (E) of ICC Articles of Association (which is the Constitution of ICC and to which all Members of the ICC must be compliant at all times), provides as follows:
Article 2.4 (D)
“Each Member must at all times manage its affairs autonomously and ensure that there is no government (or other public or quasi-public body) interference in its governance, regulation and/or administration of Cricket in its cricket playing country (including in operational matters, in the selection and management of teams, and in the appointment of coaches or support personnel”. (Emphasis added)
Article 2.4 (E)
“Each Member must at all times comply in all respects with, and discharge in full all of its obligations under each provision of the Memorandum of Association and/or these Articles of Association …”
Zimbabwe Cricket is a member of the ICC. The SRC is a Statutory Board of the Government of Zimbabwe.
On the 14 June 2019, Zimbabwe Cricket held its Annual General Meeting and elected its Board.
On the 19 June 2019, the SRC passed a Resolution inter alia resolving that :-
(a) The SRC suspends with immediate effect the entire Board of Zimbabwe Cricket that was elected on the 14 June 2019;
(b) The SRC suspends with immediate effect the Acting Managing Director of Zimbabwe Cricket;
(c) The SRC appoints an interim committee consisting of its own appointees to take over and administer the affairs of Zimbabwe Cricket.
The ICC deliberated this matter and considered all the relevant documentation, including the representations and documents made by and handed to the ICC Board by the representatives of the Interim Committee. The ICC Board is of the unanimous view that the above acts, as well as the full terms of the SRC resolution, removing the democratically elected Board of the Zimbabwe Cricket are acts of government interference in the administration of Zimbabwe Cricket and are in breach of Articles 2.4 (D) and (E) of the ICC Articles of Association.
The ICC Board also unanimously resolved that, until otherwise decided by the ICC Board, ZC’s membership of the ICC is suspended with effect from 18 July 2019. For the avoidance of doubt, this means and includes that, for the period of such suspension, ZC:
(a) is deprived of all its rights as a member of ICC;
(b) shall not receive any distribution of surplus from ICC revenues;
(c) will have no rights to participate in any ICC Events or Cricket sanctioned by the ICC;
(d) will have no rights to attend or vote at any meetings.
Should you wish the ICC to reconsider your suspension, you are required to take all relevant steps to ensure that the Board of Zimbabwe Cricket elected on 14 June 2019 is unconditionally reinstated forthwith and, in any event, no later than 8 October 2019 so that the ICC Board can review the matter when it convenes on 12 October 2019 for its next meeting. You are also required to provide satisfactory evidence to ensure that the Zimbabwe Cricket will administer its affairs free of external interference and influence.
Should the ICC not receive a satisfactory response from you on the above terms, within the stipulated timeframe, the ICC reserves its right to take such further action as it deems appropriate including to proceed by way of termination of your membership as provided for in the Articles of Association.
As a courtesy to Mr Ellman-Brown and Retired Justice Ahmed Ibrahim who appeared before the Board, a copy of this letter is also being copied to them as representatives of the Interim Committee.