Ken Borland

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.

It’s been a long and sometimes potholed road for Temba Bavuma, but the Proteas vice-captain will play his 49^th Test in the second match against New Zealand and he says he now feels fully valued and accepted as a leader in the team.

Bavuma made his Test debut way back in 2014, in the Boxing Day match against the West Indies at St George’s Park, which was ruined by rain. Six matches later, his maiden Test century, against England at Newlands, was historic and one of the most memorable moments in South African cricket after the return from isolation.

But as with most of his team-mates, 2019 was an annus horribilis for Bavuma as he only averaged 19.84 in 13 innings. He was dropped and has come back stronger, averaging 46.16 since then.

“I have more peace about how I fit in now, my role in the team,” Bavuma said. “Every game does not feel like my last opportunity now. My role is not just about the runs but my presence, how I contribute to building the culture and environment.

“It has helped me to be more at ease. It’s also helped that I’ve played a fair number of games now and I’ve learnt to accept that there will be good and bad days. If it’s a bad day, then you need to have perspective.

“They don’t define who we are, although we take the lessons from them. Technically, I’ve just tinkered here and there, but I’ve not done much apart from trying to be as still as I can be when the ball is delivered.

“It’s more about the mental processes. But the main thing you want when you come in as a young debutant is to be accepted as part of the team, that’s the main way you perform. And I truly believe that I am accepted and valued in terms of my input, and I think that’s why I have had good performances over the last little while,” Bavuma said.

The 31-year-old Bavuma is a sucker for honest leadership, being that kind of skipper himself with the Proteas white-ball teams or the Central Gauteng Lions. Which is why he has dovetailed so well with Test captain Dean Elgar.

“Dean and I have played alongside each other for quite a while, ever since playing for SA A in 2012/13,” Bavuma said. “The relationship has always been built on honesty, there’s no bullshit with Dean.

“He can be very blunt, he will call you out if you need it, but if you’ve done good then he lets you know as well. His character resonates with me and he wants the same sort of feedback from me.

“As his vice-captain, I try to be a calming voice because he can be quite emotional. But I understand his vision and I back it 100%, and I also back him as a leader and player.

“His success is my success and vice-versa, and we both just want to bring back the respect for the Proteas badge and leave the team in a much better state,” Bavuma said.

So Rassie Erasmus and SA Rugby have apologised and accepted their punishments from that perfidious body known as WorldRugby, but what will be done about all the officiating errata that has marred the game this year?

Most probably nothing because the northern hemisphere bloc that now enjoys the hegemony at WorldRugby will be too busy power-mongering and money-chasing to pay much notice to the real problems the game is facing. Rugby pundits around the world have been writing about the need to bring clarity and uniformity to the way the game is officiated for more than a decade now, and all WorldRugby seems to do is print new and even more confusing law interpretations.

The sport itself is losing credibility because fans no longer understand the laws or how they are blown. Frustrated, they end up casting aspersions on the integrity of the poor referees. It is a dangerous place for any sport to be when you are alienating your own supporters.

While Erasmus’s hour-long video was perhaps a bit too much like starting a riot for WorldRugby’s authoritarian tastes, a rant was inevitable following British and Irish Lions coach Warren Gatland being able to get away with questioning the integrity of South African Marius Jonker when he was appointed TMO shortly before the first Test due to Covid restrictions that stopped Brendan Pickerill from travelling from New Zealand.

Predictably, the 50/50 calls went the Lions’ way, but Erasmus was more upset with the poor refereeing of Australian Nic Berry.

But it’s not just Erasmus who has lashed out at officials this year. Wallabies coach Dave Rennie was publicly furious over how his team were treated by the officials on their European tour and rugby fans in South Africa were eagerly awaiting news of what action would be taken against him, especially since Jonker was the target of his rage, even though on a couple of key decisions he was left trying to find compelling evidence to overturn the referee’s on-field decision.

WorldRugby ended up just issuing Rennie a written warning on Friday.

Losing teams are always going to have one or two gripes to complain about, and generally the side that wins would have had a couple of decisions go against them too. But the mathematics of the recent officiating seems to have swung well away from 50/50.

Things are not adding up too often for WorldRugby to continue to turn a blind eye to this crisis.

Speaking about adding up, England conceded 11 second-half penalties against the Springboks last weekend as the pressure mounted on them, but there were no team warnings, no yellow cards. The great Nigel Owens stated in his column in the Telegraph that he felt South Africa were especially unfortunate not to get more reward out of their dominant scrum.

But the Springboks obviously don’t want to dare say anything critical and just add to the bans and fines WorldRugby are launching their way.

We can only hope that as one of their New Year’s Resolutions, WorldRugby can find it in their hearts to sort out the officiating crisis and placate the bee’s nest that has been stirred up this year. Of course referees will err and no-one wants to see them put under undue pressure.

But when the governing body turns a blind eye to accountability across the board, then it puts the high-stakes international game, made even more tense by bubble life, under untenable strain.

Cricket South Africa’s Members Council might not yet quite be the beacons of good governance all lovers of the sport hope they become, but Wednesday night’s continuation of their AGM was an efficient 20-minute process in which they accepted Advocate Norman Arendse as an independent director and voted for all four members of the crucial Audit, Governance and Risk Committee to be independent directors as well.

The Members Council’s unanimous dissatisfaction with Arendse, a former president and lead independent director of CSA, was one of the flashpoints during the first sitting of the AGM at the weekend. The Nominations Committee agreed to reconsider but came back with the advocate as the best candidate.

Given that CSA’s new Memorandum of Incorporation makes it quite clear that the Nominations Committee have the final say, the Members Council wisely put up no resistance on Wednesday night.

The 63-year-old Arendse has been a controversial figure, attracting criticism for his continued interference in the selection of the national team and a brusque manner that has been described as bullying, and is not held in any particular fondness by the players.

With memories still fresh of how CSA’s previous Audit and Risk Committee failed so dismally to deal with the malfeasance and impropriety laid bare in the Fundudzi Report, it was pleasing to see the Members Council ensure this crucial body will be totally independent.

Seasoned governance and procurement expert Dr Lawson Naidoo will chair the committee, with Steven Budlender SC, a silk who has made his name in public interest litigation, Simo Lushaba, a leading figure from the Institute of Directors and governance expert who has sat on and chaired numerous boards,  and Mark Rayner, the former CEO of MultiChoice, the other members.