FORMER Zimbabwe cricket team coach Heath Streak has lodged an application with the High Court of Zimbabwe seeking the provisional liquidation of Zimbabwe Cricket (ZC) and the appointment of a provisional liquidator to run the affairs of the cash-strapped local cricket governing body.
BY DANIEL NHAKANISO
The 44-year-old legendary former national team captain cited ZC as the first respondent while the Ministry of Youth, Sports Arts and Recreation, the Sports and Recreation Commission (SRC) and the Master of High Court are cited as the other respondents.
Streak said ZC was not able to meet its financial obligations, which include payment of dues owed to him and members of his then coaching staff during his tenure as Zimbabwe coach, who include former fitness coach Sean Bell, ex-batting Lance Klusener and former Zimbabwe ‘A’ coach Wayne James.
ZC sacked Streak and his entire coaching staff following an unsuccessful World Cup qualifier campaign.
The cash strapped body, which recently avoided being put on notice for suspension from the International Cricket Council (ICC) due to its financial problems is, however, yet to pay the fired coaches their dues, which Streak is using as the basis for his application.
“This is an application in terms of Section 6 of the Insolvency Act (Chapter6:07) for an order of liquidation of the first respondent (ZC) in that the first respondent is unable to pay its debts as and when they become due in the normal course of business,” said Streak who is represented by prominent lawyer Gerald Mlotshwa, the senior partner at Titan Law.
“Furthermore, it is just and equitable that the first respondent be wound up, and creditors be paid off their debts.”
According to the application filed yesterday, the quartet are owed a combined total of $198 695,77 with Streak yet to receive his $128 672,95.
“The Application is a creditor of the first respondent and is owed the sum of $128 762,95. He is also aware that’s Messrs Lance Klusener, Sean Bells and Wayne James who are all cricket coaches and whose contracts of employment have been terminated illegally by the first respondent are owed the sums of $11 757,93, $43 999,23 and $14 175,66 respectively.
Consequently, the applicant has locus standi judicio to prosecute this matter in his capacity as creditors,” he said.
Streak, who insists his dismissal was not done unlawfully, lists insolvency as the main reason he is seeking ZC’s liquidation adding that the cricket body’s liabilities exceed its assets.
“Despite demand, the first respondent has failed or neglected to pay the debts in question. I am legally advised, which advice I adopt as mine, that the debtor is deemed to be unable to pay its debts upon proof that the debtor is generally unable to pay debts which are due and payable or upon proof that the debtor’s liabilities exceed the value of debtor’s assets. It is clear that the first respondent is generally unable to pay its debts as and when they become due,” Streak said in the application.
Streak said the ZC board was responsible for the association’s financial problems while also challenging its legality.
“The board of directors have run the affairs of the first respondent in a reckless and negligent manner such that it has failed to pay its employees and creditors on time. The first respondent has mismanaged loans and grants that were advanced to it by the International Cricket Council and has failed to make any meaningful payments,” he said.
He added: “The second respondent’s board of directors currently comprises of persons who do not meet the minimum qualification. Moreover, the said board of directors have no proven track record or experience in sports administration, late alone in cricket,” he said.
Streak went on to propose the appointment of a Winsley Malitala of Petwin Executor and Trust Company as the provisional liquidator.