• As a precautionary health measure for all our partners, associates & employees in light of COVID-19, we are operating with a limited access to work infrastructure and hence there might be delay in services. Your cooperation is highly appreciated.


    This web-site http://www.atharvalegal.com ("Website") is a public resource for general information about Atharva Legal.

    The material on our Web site has been prepared and published for general information only. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this web site. The information contained in this web site is provided by Atharva Legal as general information which may or may not reflect the most current legal developments. This information is not intended to constitute, and should not be considered, legal reference or legal advice. Atharva Legal does not sponsor reliance upon, or accept responsibility for the information Atharva Legal provides or for the way in which this information should be used, or any actions taken in consequence of the use of such information. Moreover, Atharva Legal doesn't give any guarantees, undertaking or warranties concerning the accuracy, completeness or up-to-date nature of the information provided on this website. Communication of information by or through this web site and your receipt or use of such information is not intended to create an attorney-client relationship with Atharva Legal or any of the Firm's attorneys. The creation of the attorney-client relationship would require direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement in the form of an "engagement letter" by the firm that confirms that an attorney-client relationship is established and the terms of that relationship. You should not act or rely upon information contained in the website without specifically seeking professional legal advice. The description anywhere on this website of the results of any specific case or transaction does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered on the unique facts of each case. Atharva Legal has endeavored to comply with all applicable legal and ethical requirements in compiling this site. Under no circumstances will Atharva Legal undertake any engagement that conflicts with any ethical, statutory or other requirement applicable to the performance of professional legal services. If you wish to discuss potential legal representation with us, please use the "contact us" link. Although we are pleased to communicate with you, you should not rely upon transmission of an e-mail through this web site to create an attorney-client relationship. Without an attorney-client relationship in the particular matter, we cannot assure that your communications via the web site will be privileged or that we will treat it as privileged, unless we reach an explicit agreement otherwise. Therefore, please do not send confidential or sensitive information to us by e-mail through this web site. Atharva Legal doesn't assume any liability or responsibility for any errors or omissions in the content of this site, or any termination or suspension of this site, and further disclaims any liability of any nature for any loss howsoever caused in connection with using this website. The materials published on this website are unless otherwise stated the copyright works of Atharva Legal You may make copies of materials published which are of interest to you for your own personal use and you may also provide occasional copies to others for information purposes only provided that you do so free of charge and the copies do not comprise substantial parts of the website. When you do make copies for yourself or others, the content of the published material and the copyright notices must remain intact, your communication of the content must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to others. You may not create a link to any part of our website, without our prior written consent. No other use of the materials published on this website is permitted without the express prior written consent of Atharva Legal


    By proceeding further and clicking on the "I Agree" button herein below, I acknowledge that I of my own accord wish to know more about Atharva Legal for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from Atharva Legal or any of its members to create an Attorney-Client relationship through this website. I further acknowledge having read and understood the Disclaimer below.


    why zimbabwe cricket could not pass the “control” litmus test of the icc norms?

    Aug 05, 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.