Northern Cape Cricket president Gibson Molale and four other board members declared delinquent directors

South Africa sing the team song on the pitch after the 3rd One Day International between South Africa and England at the Diamond Oval on February 01, 2023 in Kimberley, South Africa. (Photo by Alex Davidson/Getty Images)

By Keanan Hemmonsbey

25 Feb 2025

Years of corruption have caught up with Northern Cape Cricket as members of the board, who illegitimately voted themselves in, are ousted.

Northern Cape Cricket (NCC) president Gibson Molale and four other board members have been found to be delinquent directors.

The news comes a week after NCC was placed under administration by Cricket South Africa for its financial maladministration.

The judgment, handed down at the Northern Cape Division of the High Court in Kimberley on Friday, 21 February 2025, was brought forward by Molale’s vice-president at NCC, Ferdinand Bitterbosch.

Judge Mpho Catherine Mamosebo found Molale as well four of his board members, Mbulelo Bosman, Samuel Molawe, Rizwaan Engelbrecht and Chief Executive Officer Thapelo January, to be delinquent directors.

The judgment factors in several matters brought forward from Molale’s time at the helm of NCC, which started in October 2021, starting with his appointment as president.

According to the court papers, at the Annual General Meeting on 30 October 2021, a vote for president and board members took place.

A representative from each associate member from the NCC district is invited and entitled to one vote, except the Frances Baard Cricket Association which is allocated five votes.

While other member associations had sent one delegate to the

Annual General Meeting to represent them, the Frances Baard region sent five delegates, which is in direct conflict with Clause 17.4 of Cricket South Africa’s memorandum of incorporation.

South Africa sing the team song on the pitch after the 3rd ODI against England at the Diamond Oval on 1 February 2023 in Kimberley, South Africa. (Photo: Alex Davidson / Getty Images)

Clause 17.4 states “The Company shall invite to its Annual General Meeting and Members Council Meetings, the CEO, the Chief Financial Officer, the Prescribed Officers, the company secretary and a representative of each of the Associate Members.”

Christaricco Gordon, as chairperson of the Frances Baard region, was supposed to represent the district, but according to the court documents he was absent from the meeting.

Instead, Bosman, Molawe and Engelbrecht and two other members of the Frances Baard region were in attendance. And instead of one member (which should have been Gordon) casting five votes, each of the five representatives received one ballot and cast five separate votes.

The meeting was chaired by Molale.

The conclusion of voting saw Molale elected as the president of NCC and Bosman, Molawe and Engelbrecht all on the NCC’s board.

No services rendered

January, meanwhile, was also in attendance in his capacity as a board member of NCC.

According to the Companies And Intellectual Property Commission (CPIC), January is a director at NCC. Which is his third term as a director despite the Memorandum of Incorporation listing a maximum of two consecutive terms for directors.

The following year, in 2022, after advertising for the post of CEO of NCC, January was appointed, despite not being qualified for the position.

“The sixth respondent (January) did not meet the minimum requirements for appointment as CEO of the first respondent (NCC),” the findings of the court document read.

“Shortly after his appointment recommendations were made for his disciplinary enquiry. It remains a mystery how this process was aborted because the report was unequivocal pertaining to his transgressions.

“His term had also expired as a director, and he was not eligible for a third term. The issue was evidently circumvented.”

Among the minimum requirements to fill this position were the following: “The candidate must have a business degree or related qualification and a minimum of 10 years’ business experience, with at least three years’ experience in an executive position and reporting to the Board in a R50-million turnover business. There were seven listed candidates for the said CEO position. Of those, three were recommended.”

Molale later said that none of the CEO candidates had fit the minimum requirements outlined in their advertisement.

“None of the three candidates recommended for the CEO appointment had met all the minimum requirements as per the advertisement.

“The sixth respondent (January) had acted in the position of CEO for a mere seven months prior to his appointment, as opposed to the minimum requirement of 10 years’ business experience of which at least three years had to have been in an executive position.”

After complaints on how the cricket union was being run by Bitterbosch to Cricket South Africa (CSA) CEO Pholetsi Moseki, CSA “appointed Mazars Forensic Services (Pty) Ltd (Mazars) to investigate the allegations levelled against the employees of the first respondent (NCC)… and the sixth respondent (January)”.

Among Mazar’s findings was that January had paid a company called “Creative Solutions” the amount of R553,723 despite Creative Solutions rendering no services to NCC.

January had also paid a company called “Bokamoso-I Trading” an amount of R175,596 for services rendered, despite those services being rendered by other suppliers.

More corruption

After a board meeting held in March 2023, following investigations from CSA as well an internal investigation, the NCC board came to the conclusion that “Thapelo January does not have the minimum criteria for the position of Chief Executive Officer of the Company”, and that they would re-advertise the position of CEO.

In the same meeting, they had confessed that “Messrs Bosman, January and Molale acting as representatives of the Company had misrepresented to Standard Bank Ltd that a resolution of the Board had been passed on 19 April 2022 to the effect that Mr January had sole signing powers of the bank account held at Standard Bank Ltd.”

Despite January being suspended, he continued to work and act in the role of CEO. January claimed it was an oversight on his part to still be working, but Judge Mamosebo found otherwise.

“The conduct of the sixth respondent cannot be described as an oversight on his part,” the court papers read. “It was done deliberately. There is nowhere in the papers where the suspension was uplifted.”

Delinquents

Molale, Bosman, Molawe, Engelbrecht and January have all been found to be delinquent directors by Judge Mamosebo. They have also been charged with paying Bitterbosch’s legal fees.

“I am satisfied that, cumulatively, the effect of the conduct of the second to sixth respondents (Molale, Bosman, Molawe, Engelbrecht and January) in failing to carry out their duties as directors to the company, in relation to failing to prepare annual financial statements for the company, the holding of the AGM in contravention of the Memorandum of Incorporation, the irregular appointment of the sixth respondent as the company’s CEO, the failure to convene the required number of board meetings as well as the financial mismanagement of the first respondent (NCC) justifies making an order declaring them to be delinquent directors as contemplated in sectiob 162 of the Companies Act,” the court papers read.

“Their actions amount to gross negligence and wilful misconduct in relation to the performing of their functions within, and duties to the company, as contemplated in s 162(5)(c)(iv)(aa) of the Companies Act. Consequently, the second to the sixth respondents are disqualified and prohibited from holding positions as directors of the company.”

Molale’s position on the local organising committee for the 2027 Cricket World Cup, to be jointly hosted by South Africa, Namibia and Zimbabwe, is also in jeopardy with this ruling. DM

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