Published by the government of Zimbabwe
Lawrence Moyo
30 June 2008
Harare — ZIMBABWE Cricket have questioned the constitutionality of including their membership status on the agenda for the International Cricket Council's executive meeting in Dubai on Wednesday.
The ICC leadership last week hurriedly put the ZC's membership status on the agenda on political grounds despite the fact that there have not been any fact-finding missions to check if goings-on in politics are affecting the game.
ZC chairman Peter Chingoka last week highlighted to the outgoing ICC president, Ray Mali that that even if there were grounds for Zimbabwe's removal from full membership, it can only be discussed next year in June according to the ICC constitution.
Chingoka quoted a clause, which says that full membership can only cease upon the "requisite resolution being passed at conference following a proposal notified in writing to the chief executive prior to 31st December in any year for consideration at Conference in the immediately following year." He also warned Mali -- a South African -- against setting double standards and discriminatory levels that go against the ICC Anti-racism Code as it is abundantly clear that there is more to the Zimbabwe issue than the June 27 Presidential run-off elections.
ZC have found themselves as the mercy of political machinations by the British government and the country's cricket body, the England and Wales Cricket Board who are eager to have Zimbabwe removed as a full member of the ICC at this week's executive meeting.
The British government has banned Zimbabwe's entry into their country and ZC's removal as an ICC full member will help England retain the rights to stage the 2009 Twenty20 World Cup, a tournament in which all full member countries like Zimbabwe automatically participate.
So they are now hoping to get seven of the 10 ICC full members to endorse Zimbabwe's expulsion so that the 2009 Twenty20 World Cup tournament is not taken away from England on the technicality that the British government will not allow one of the participants to travel.
The ICC full members are Australia, Bangladesh, England, India, New Zealand, Pakistan, South Africa, Sri Lanka, West Indies and Zimbabwe.
Crucially, the Asian bloc (India, Bangladesh, Pakistan and Sri Lanka) looks set to back Zimbabwe with the giants India and Pakistan publicly declaring the support at the weekend.
Given the revenue and interest the Twenty20 version of cricket has generated since its invention in England early this decade, the British will not want to risk the tournament being taken away especially at this late stage.
These ICC meetings used to be held at Lord's in London but the headquarters were moved to Dubai as political interference meant that there were no guarantees that the ZC leadership would be granted visas to the UK.
As the ICC will discuss the future of Zimbabwe cricket at their executive meeting it is interesting to note that it will mark the beginning of David Morgan -- a British and former ECB chairman -- as the ICC president.
Last week Morgan excitedly broke the news that Zimbabwe's status -- attained in 1992 -- will be on the agenda for this week's ICC meeting during the launch of the ICC World Twenty20 at Lord's.
His announcement came at a time Cricket South Africa cut its ties with Zimbabwe Cricket after consulting outgoing ICC president, Ray Mali.
It has since emerged that the decision to fast track the Zimbabwe issue to top the agenda at this week's meeting might have been influenced by Mali's personal opinion on elections (Presidential run-off) in Zimbabwe.
In a letter to Mali last week, ZC chairman Peter Chingoka said the ICC should not be mixing sport with politics.
"In your letter of the 23rd of June 2008, you expressed a personal opinion on "the deteriorating situation in Zimbabwe," vis-à-vis the -- I quote -- "absence of free and fair elections."
"The (ZC) Board therefore wonders whether the ICC is giving the whole situation a fair hearing.
"We hold no brief for the participating political parties and ZC is apolitical as you well know. Therefore to condemn ZC for acts -- proven or unproven -- of third parties, is, to say the least, a negation of the rules of natural justice.
"In short, there is no nexus between politics and the game of cricket or any other sport for that matter.
"You will recall that last year in London, a decision was taken and well-supported by you, Mr President, and other members that sport and politics, like oil and water, do not mix.
"The minutes of that June 2007 meeting show that the President of Cricket South Africa pointed out that the ICC and its membership are not competent to make political judgments and the BCCI's Mr Bindra strengthened this position by saying sporting sanctions can only be initiated by the UN. Be that as it may, before placing the item on the agenda, we wonder whether careful consideration has been taken on the constitutional provisions of the ICC.
"We have looked at the Articles of Association, more particularly Clauses 2.6, 2.7 and 2.8 on page 19 of the ICC Executive Board of Directors Manual.
"Nothing under Cessation of Membership (Clause 2.7) and Status of Members (Clause 2.8) is in any way connected to the item now being placed on the agenda; to wit, the status of Zimbabwe Cricket vis-à-vis the so-called "absence of free and fair elections in Zimbabwe."
"In any case, nothing in the ICC's Constitution points to the legitimacy of putting that item on the agenda, as no provision exists in the ICC Constitution warranting such an action. If one looks at Clause 2-6 (b) where it says, "Membership of the Council shall cease:
(b) upon the requisite resolution being passed at Conference following a proposal notified in writing to the Chief Executive prior to 31st December in any year for consideration at Conference in the immediately following year, such proposal being made and seconded by Full Members;"
"Such a clause does not again warrant the putting of the status of ZC on the agenda from its clear reading on the following reasons:
l that the proposal being raised is not an issue in cricket;
l that even if it were, which is denied, it can only be discussed next year in June 2009, after being raised this year; and
l that the ICC executive board cannot discuss such an item from an uninformed position vis-à-vis whether the environment existing in Zimbabwe makes the playing of cricket difficult at any level.
"The rules of natural justice, equity and good conscience demand that a fair hearing would need to be given to Zimbabwe Cricket and that would entail the ICC sending a fact-finding mission to Zimbabwe if at all it is warranted from a cricket point of view.
"It is the ZC Board's view that in the present circumstances, it is not warranted.
"To make it even abundantly clear, cricket in Zimbabwe is just but one sport. Various other disciplines are playing international games towards major international events like the football World Cup, the Olympics in China, swimming, tennis etc and no such discussion as being championed by the ICC has been placed on the agendas of the international bodies of such sporting disciplines.
"In fact, only three days ago Zimbabwe hosted a 2010 FIFA World Cup/African Cup of Nations qualifying match against Kenya, in our capital, Harare.
"There are over 100 ICC member countries with differing political environments. Without venturing to mention names, as it is apparent, it is clear that certain worse conditions exist in those other member countries.
"It has not warranted the ICC putting them on its agenda as it is doing with Zimbabwe right now.
"It is important not to be seen to be setting double standards and discriminatory levels that go against the ICC Anti-racism Code.
". . . Conclusively, therefore, the status of ZC as an ICC Member does not warrant discussion whatsoever based on a far-fetched reason which the game of cricket never anticipated and/or envisaged would be material for discussion at any stage," wrote Chingoka.
In a follow-up letter on the 27th, Chingoka
". . . We would have thought that you would have amplified our discussion of 25th instant for other Executive Board Directors.
"This would have made it easy for all concerned to appreciate the background of how you came to urgently make the case of ZC an additional agenda item to an already finalized agenda in the next Dubai meeting of the 2nd of July 2008, with a week's notice unless consultations with certain member countries had already taken place behind our back.
"We would not like to think so though, with due respect."
"We remain adamant that ZC should not even be an agenda item. At best you would have, possibly outside the Board meeting, asked Zimbabwe on the situation in the country before rushing to act as you did.
"To even allow the holding of an international press conference in London of the only lately added agenda item before its discussion or verification of the facts is, to say the least, unethical. What it meant is that ZC has been condemned unheard, again a negation of the audi alteram partem rule.
"It seems as though Zimbabwe has been used as a beach ball on two recent occasions, to wit:
i) The recent press announcement of the Malcolm Speed issue where Zimbabwe was clearly used as scapegoat.
ii) The present case where the President-elect announced to the press an agenda item which is still to be discussed.
"We are surprised to whose political gallery these antics are being supposed to appease.
"This added agenda item is infested with political connotations. I am therefore extremely uncomfortable as I already pointed out to you in our telephone conversation of the 25th instant to deal with a non-cricket matter on my own.
"In this regard, it is only fair and equitable that my Vice-Chairman and my Chairman of the Legal and Constitutional Committee accompany me into the Executive Board meeting for discussion of this agenda item, obviously without a vote."
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