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The ICC's endorsement on the banning of the ICL was not a result of
arm-twisting by the BCCI, but of allowing its members autonomy in
deciding which domestic tournaments to recognise, according to Norman
Arendse, former CSA President. Arendse also confirmed that the ICC
constitution was not changed in dealing with the ICL issue, as claimed
by former IPL chairman Lalit Modi, but that clauses were added to its
operating manual to clarify what constitutes disapproved cricket.
"There were no undue processes, incentives offered or pressure exerted
on the ICC to outlaw the ICL," he told ESPNCricinfo, contradicting
Modi's revelations that the BCCI essentially forced the global cricket
community to freeze out the ICL.
Arendse, who served as CSA President in 2007 and 2008, was a member of
the ICC's executive board at the time when the ICL and IPL were being
conceptualised. "The issue of the IPL was tabled at an executive
meeting," he said. "The BCCI informed the board of the ICL and the IPL
and said that because the IPL was their creation, they were not prepared
to endorse the ICL and give their players permission to play in it or
for it to use their grounds."
The two 20-over leagues were the first sign that cricket was starting to
venture into franchise territory and out of country-versus-country
mode. The IPL presented the ICC with a never before experienced concern,
because it was not simply a domestic competition, it would involve
players from other countries and the potential existed for it to
interrupt the international calendar. "There was concern at the time
that there was a very real threat to international cricket and we could
be seeing Kerry Packer number two," Arendse said.
The ICC's anxieties were fuelled because the idea of clubs leagues was
mushrooming. "There was some talk of a franchise league being started in
the USA and there was also an idea for an English Premier League.
Actually, with money, they could start a league on the moon and it would
work," Arendse said. That caused world's cricket's governing body to
jolt into action to make sure the international game was safe.
"We had a lot of issues to discuss around it and questions for the
BCCI," Arendse explained. "We had to ask the BCCI when they planned on
hosting the tournament and if it would conflict with international
touring commitments. For example, as CSA President, I was interested to
find out if would clash with the South African summer."
With the questions arose a need for a policy to regulate the new
competition. Arendse, an advocate by trade, was part of a three-man
panel, which also included Giles Clarke, ECB chairman, and Modi whose
function it was to draw up clauses regarding approved and unapproved
cricket that would fall in line with the ICC's constitution. Arendse
clarified that they were not tasked with redrafting the constitution, as
Modi was quoted as saying. "The constitution was not changed at all,"
Arendse said. "That would have required a meeting with all the cricket
playing countries who are affiliated to the ICC, not just the Full
Members or Associates."
Arendse drafted the regulations, which came into effect on June 1 2009
and falls under section 32 of the ICC Operating Manual. "The ICC's rules
have to be in accordance with UK law so we sought the advice of British
solicitors in drawing up the regulations." Section 32.1.1 states that a
match will be regarded as disapproved if "it has not been approved by
the Member in whose territory it is played," and other clauses under the
regulation state that that member countries may not participate in or
release their players for any disapproved cricket.
The regulations take credence of the autonomy of member boards, which
ultimately means that member countries have the right to make decisions
regarding which tournaments they chose to sanction, independent of ICC
interference. "If the BCCI has sanctioned both the ICL and the IPL, that
would have been none of our business either and we would have had
nothing to do with it," Arendse explained.
It also explains why the ICC will recognise the new Sri Lankan Premier
League, even if it is part-privately owned. "If the SLC sanctions the
tournament, the ICC will approve of it. Any non Sri Lankan players who
want to play in the event have to get no objections certificates from
their home board to approve their participation, but the ICC will
recognise the tournament and all the other boards will too."
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