Why Zimbabwe Cricket Could Not Pass The “control” Litmus Test Of The Icc Norms?

Aug 06, 2020.

By : Mr. Sagar Devgan , Partner , Atharva Legal

Mr. Prakhar Bharadwaj , Research Associate , Atharva Legal

The Zimbabwe national cricket team is administered by Zimbabwe Cricket (formerly known as the Zimbabwe Cricket Union or ZCU till 2004). Zimbabwe has been a Full Member of the International Cricket Council (ICC) since 1992. On 21 July 1981, Zimbabwe became an associate member of the ICC. Zimbabwe participated in the 1983 Cricket World Cup, as well as the 1987 and 1992 editions The country cricket went through major upheaval during the 2000s. During the 2003 Cricket World Cup, senior team members Andy Flower and Henry Olonga staged their "black armband protest" at the "death of democracy" in Zimbabwe, a reference to the country's political situation. Both players subsequently retired from international cricket. In 2004, the majority of the remaining senior players quit the international game following a player protest triggered by the removal of then-captain Heath Streak, resulting in a very young and inexperienced side being fielded in the subsequent series. While Zimbabwe’s Test cricket status was suspended in 2004 following withdrawal of players due to the than captain Heath Streak’s sacking, the team’s ban was lifted in 2005, when they played eight Tests.

What led to the suspension of Zimbabwe by ICC ?

The ICC board heard from both the sports and recreation committee representatives of the Zimbabwe government, and Zimbabwe Cricket, subsequently rendering a decision that suspended Zimbabwe Cricket with immediate effect for violation of the global body's constitution which doesn't allow any government intervention. The current elected members of Zimbabwe board were suspended by government agency Sports and Recreation Committee (SRC) which was violation of articles 2.4. (c) and d.

"Zimbabwe Cricket has been suspended with immediate effect. The ICC Board unanimously decided that Zimbabwe Cricket, an ICC Full Member, is in breach of Article 2.4. (c) and (d) of the ICC Constitution which imposes an obligation on Members to provide a process for free and democratic elections and to ensure that there is no government interference in its governance and/or administration for cricket respectively," the ICC said in a statement.

What is the Sports and Recreation Commission?

The SRC is a statutory body created by an Act of Parliament in Zimbabwe in 1991 - a sort of parastatal that is guided by Acts of Parliament, and appointed by the minister of sport, but does not actually form part of Zimbabwe's government. Its mandate is to regulate all registered sporting associations in the country, ensuring they adhere to their registered constitutions, among other things. It is chaired by Gerald Mlotshwa. A lawyer by profession, Mlotshwa has, for a couple of years now, shown a keen interest in Zimbabwean sport. His firm, Titan Law, sponsors both rugby and polo teams; he chairs an organising committee for the Sables, the national rugby team; and his connection to Zimbabwean cricket goes far beyond his chairmanship of the SRC board. He is also the son-in-law of Zimbabwe President Emmerson Mnangawa.

Effects of ICC decision on Zimbabwe Cricket

As a consequence of suspension, ICC funding to Zimbabwe Cricket will be frozen and representative teams from Zimbabwe will not be allowed to participate in any ICC events.

Now what’s Further?

The ICC has urged “that the elected Zimbabwe Cricket Board be reinstated to the office within three months”, with the matter to be reconsidered at a board meeting in October, if the board is not reinstated, Zimbabwe could be expelled.

Similar decisions taken by ICC in past

Zimbabwe's sanctioning marks the very first time a Full Member has been suspended by the ICC - although Sri Lanka were warned in 2015 by the then ICC chief executive David Richardson that they were at risk of immediate sanction for government interference in their administration. Various Associate Members are currently under suspension, including Nepal. However, Nepal's national teams have been allowed to continue participating in ICC events during suspension, as had USA during their recent suspension and expulsion period from June 2015 through January 2019.