Ken Borland

An independent arbitration panel, while criticising the process as being far from perfect, has found Cricket South Africa’s now former director of cricket Graeme Smith was not guilty of any unfair racial discrimination in his appointment of Mark Boucher as Proteas coach ahead of Enoch Nkwe.

CSA, acting on the “tentative” findings of their Social Justice and Nation-Building Report, alleged that Smith had shown racial bias against Nkwe, who was the interim coach of the Proteas when the former national captain took over as director of cricket in December 2019.

But the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, cleared Smith of any racism and instructed CSA to pay his costs for the entire arbitration.

Smith explained his rationale for choosing Boucher in the hearing, starting with his impression of the Proteas team under Nkwe and captain Faf du Plessis on their disastrous tour of India in 2019, for which he was one of the TV commentators.

Smith described the Proteas as being “rudderless”, their performance was “way off par” and there was “quite a lot of onfield infighting between the players”. He told the arbitrators that his view on the coaching situation might have been different if the Proteas were a more experienced team with a captain that was going to be around for the next 10 years.

“I felt that I needed a character that could handle … an extremely high pressurised position, you are at the cold [sic] face of the world media, the … crowds. … I felt the team at the time needed someone that had extensive … experience in dealing with conditions, with the pressures that come with the international game. I knew that this team was going to lose extensively up front, it was going to take time to build it,” Smith told the hearing.

The arbitrators found that Smith made it clear to CSA that Boucher would be his appointment as the new coach, there was no objection from CSA and no suggestion from them that this was unfair to Nkwe. The then chairman of the board, Chris Nenzani, told Smith that he had the authority to appoint coaches and CSA never insisted on proper processes.

There was also a time factor because Smith could only make the appointments on December 11, 2019 after he was appointed director of cricket, and the Test series against England began on December 26, with the Proteas needing to assemble 8-10 days before that.

The arbitrators found that the CSA directive was for long-term appointments, not interim ones, and that it was their “inaction and delays that put Smith under pressure”.

CSA’s assertion that Boucher should never have been appointed national coach because he does not have a Level 4 coaching certificate, while Nkwe does, was left standing nude in front of the arbitrators when it was pointed out that CSA were happy to appoint both Gary Kirsten and Ottis Gibson as Proteas head coach when neither of them had a Level 4 qualification.

The independent arbitration panel that cleared Graeme Smith of racism allegations found that Thami Tsolekile was not selected to replace Mark Boucher in 2012 for cricketing reasons, saying the wicketkeeper/batsman himself accepted that AB de Villiers being chosen ahead of him was better for the team.

Tsolekile testified at the arbitration in support of Cricket South Africa’s claim that Smith had used his influence as captain to persuade the selectors not to include Tsolekile based on his race, after Boucher suffered the eye injury that ended his career.

But while finding that Smith, the Proteas longest-serving and most successful Test captain, did have an influence on selection, the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, ruled that he did not actively seek to exclude Tsolekile because of his race. Instead they found “it is more likely that Smith just wanted his team to win”.

Andrew Hudson, the convenor of selectors at the time and current CSA Board member, and Linda Zondi, who was also a selector before succeeding Hudson as the convenor, gave evidence that De Villiers had been selected for the tour to England in 2012 as the reserve wicketkeeper and both the selectors and coach Gary Kirsten agreed that De Villiers replacing Boucher behind the stumps would allow them to play an extra specialist batsman in JP Duminy, himself Black.

Smith was consulted about the decision and agreed with the strategy.

In Paragraph 90 of their findings, the arbitrators state: “Tsolekile … agreed with the proposition that this was ‘a strategy that will make complete sense and was something which played very strongly in favour of the Proteas cricket team’. He accepted that there were ‘very good cricketing reasons to prefer AB de Villiers to yourself for the position in the Test starting XI’.”

CSA then tried to change their argument and alleged Smith was guilty of discrimination by omission because he had an obligation to speak out on behalf of Tsolekile because the wicketkeeper/batsman was previously disadvantaged.

But the arbitrators found this change of tack was prejudicial to Smith, describing it as “a trap sprung on him” and they also criticised CSA for making submissions that were inconsistent with the facts.

The arbitrators did have sympathy for Tsolekile, describing his non-selection as “unfair” and his subsequent involvement in a matchfixing scandal as only “exacerbating the tragedy” of his story of adversity.

Curwin Bosch has been through hell this season and so has Sean Everitt for backing him, but the Sharks coach said he was delighted the flyhalf has made a strong return to form, highlighted by some marvellous attacking touches in their hard-fought 28-23 win over the United Rugby Championship defending champions and log-leaders Leinster at Kings Park at the weekend.

Bosch made a shaky start to the game by missing two penalties, but he grew into the game and made a significant impact on attack, making some great line-breaks as the Sharks showed their ability to counter from deep.

“I’m very happy for Curwin,” Everitt said, “he’s been criticised a lot and I was too for selecting him. But he’s showing the saying that form is temporary and class is permanent is true.

“He showed his all-round game, his defence has improved and his tackle percentage is up in the 90s, when that used to be a glaring weakness of his.

“He also showed what he can do on attack. He countered well, he took the ball to the line and he made good decisions.

“I’m very happy where his game is at the moment and I’m very proud of him for how he has stood up,” Everitt said.

While the counter-attacking brilliance of fullback Aphelele Fassi, assisted by Bosch, stole the limelight, Everitt praised his forwards for their performance, which meant the Sharks were in control of territory and possession for most of the game.

“I was really happy with the way the front row and the pack stood up. We look to them for ascendancy, and they certainly gave us that in the mauls and scrums.

“Aphelele has been out with a lengthy injury, but he was in form when it happened and we probably rushed him back a bit. But the character he is, he just gets on with it, he’s not fazed by anything.

“He has certainly got x-factor and you could see his kicking game has improved as well. It’s really good to have him back and hopefully he will get higher honours in June when the international window opens,” Everitt said.

The Bulls had to come from a 13-0 deficit to beat Benetton Treviso 46-29 in their United Rugby Championship match at Loftus Versfeld at the weekend, and coach Jake White said he was most pleased by the adventurous rugby they played under pressure to do so.

The Bulls scored six tries to make it a bonus point win and only two of those tries were scored by forwards driving over from close range.

“What I was most pleased about was the brand of rugby we played, but we did not finish enough of our chances,” White said after the win. “There was a nice balance to our rugby, we used our forwards and our backs.

“You’re not going to win this competition by winning matches 13-9, you need to score tries, and how we counter-attacked and looked to play with ball-in-hand was most enjoyable to watch.

“Like when Kurt-Lee Arendse [fullback] runs from his own half to score, that’s where rugby is going. You have to be able to play like that, you need different arrows in your bow.

“We’re still not close to where we want to be, but it was good that we showed we can muscle up and use our maul as well. To be 13-0 down and still win 46-29 shows a lot of character,” White said.

The Bulls have been criticised in the past for their lack of creativity, some going as far as to liken them to the marvellous athletes but mechanical players of Russia under Communism, but those days are long gone.

The Bulls could, in fact, have scored a few more tries and the finishing, as well as the finer technical details of their breakdown work, are two areas White says need work.

“One can always be critical after a match and we were a bit inaccurate at the breakdown and three or four times our clearance kicks did not go far enough,” White said.

“We just needed to show more calm and not be so hasty. There were also three or four times we were on their tryline but we let the ball fall.

“The slow start was maybe because we haven’t played for two weeks, but we got in their 22 many times but did not finish. We’re not going to get 10 chances against one of the big sides.

“But Benetton were very tough physically and they did not go away, we had to work hard to break down their defence on the goal-line. We definitely have to improve,” White said.