Ken Borland

Cricket South Africa’s Board can look forward to more legal action against them as dismissed Head of Sales and Sponsor Relations Clive Eksteen announced on Tuesday that he was taking them to the CCMA for unfair dismissal.

Eksteen was sacked at the weekend based on a single charge that was added to his disciplinary hearing after he was suspended on October 29 for his alleged role in the non-payment of image rights to the players’ union. That extra charge was related to a loss of $100 000 the CSA Exco alleged the organisation suffered because Eksteen negotiated a deal with Amul, the multinational sponsors of South Africa’s T20 series in India last year, for an amount less than had been approved by the CSA Exco.

While Eksteen said he was cleared of all charges related to the non-payment of image rights – the presiding officer finding that the former Proteas spinner was in fact instrumental in the South African Cricketers’ Association eventually being paid – and an additional charge involving an agreement he was not even part of between the SABC and a sponsor, he was found guilty of Charge 5 and dismissed.

Eksteen said this was despite him providing evidence that the agreement with Amul was signed by his superior, chief commercial officer Kugandrie Govender, and that she knew how much they had offered before she informed Exco.

According to CSA disciplinary processes, any appeal can only be over sanction and needs to be handled by the chief executive, who is the legal officer. But acting CEO Jacques Faul is not allowed to be involved in disciplinary matters according to his contract, so he forwarded the appeal to the CSA Board, who last weekend upheld his dismissal.

“The Chair’s finding that revenue was lost was directly contradicted by the evidence of CSA’s employees, evidence she ignored. Subsequent to my conviction, I presented evidence in mitigation. This included a variety of reputable testimonials. The Chair refused to accept pertinent testimonials into evidence. She also refused to accept that Charge 5 was a minor charge, way less serious than the SACA charges on which I had been acquitted.

“In addition, I am in possession of evidence which exculpates me, which has come to light after the conclusion of the disciplinary inquiry, which evidence was known to CSA at the time. In these circumstances, I shall immediately be referring a dispute to the CCMA regarding my unfair dismissal. All of the evidence presented at my disciplinary inquiry, as well as the additional evidence which has now come to light … will be laid out before the CCMA. My attorney and I are totally confident that I will be vindicated in due course. Unfortunately, I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked,” Eksteen said in his statement released on Tuesday.

The CSA Board, who thus far have failed to take any action against former CEO Thabang Moroe, who is suspended on full pay after losses of millions of dollars under his watch, even had the gall last weekend to issue a statement saying Eksteen had been fired after “transgressions of a serious nature”. They failed to mention it was over a theoretical loss of only $100 000 and that it had nothing to do with the dispute with SACA, who have even come out in support of Eksteen’s handling of their image rights dispute with CSA, which involved a reported amount of R2.4 million.

Only government approval stands in the way of cricket resuming at the end of the month, with Cricket South Africa optimistic that they will get the go-ahead for a return to action on June 27.

It will only be the Proteas playing for the time being, but all the country’s top cricketers are set to be involved in a made-for-TV match at SuperSport Park in Centurion on the last Saturday of June. With no spectators allowed, a different format featuring three different teams will be trialled and televised live by SuperSport.

“Government have to gazette the Level III regulations and then the Minister of Sport will go over the return-to-play protocols that we have sent, which he must agree with. It’s in the hands of the Department of Sport, Arts and Culture, but they have been good with us. So hopefully we’ll be playing again at the end of June and we’ll start with the Proteas players, for obvious reasons,” CSA chief executive Jacques Faul confirmed to The Citizen on Wednesday.

“It’s going to be a fundraiser with an exciting new format, sadly without spectators but SuperSport will be broadcasting it live,” Faul added.

Dr Shuaib Manjra, CSA’s chief medical officer, said they are confident cricket can safely go ahead under the protocols they have proposed to government.

“First of all it will be an empty stadium, we’re looking at the minimum number of people being there for the event to happen and be broadcast, which is about 200. We will limit the number of team staff, otherwise it will just be the broadcast personnel, officials, players and stadium staff. There will also be thorough cleaning of the stadium beforehand.

“The players will get in three days before and be kept in a sanitized eco-system, at the hotel, when they travel and at the stadium. We will test the players before they get to Centurion and again five days afterwards in order to get rid of any false negatives. On average it takes five days from infection for someone to test positive. In the stadium, everyone will wear masks and doors will be kept open along with other safety measures,” Manjra said.

While Cricket South Africa are all ready to go with a return-to-play, government’s hands are legally tied at the moment because of the court ruling that said their Lockdown regulations were unconstitutional. Which is why fresh laws need to be gazetted and then permissions can be granted by Minister Nathi Mthethwa. The players are obviously raring to go and the June 27 match will be a major milestone on the path to the Proteas hopefully playing international cricket again in August, with India likely to come to South Africa for three T20s and a series against the West Indies also scheduled.

Former Springbok captain John Smit believes rugby will need to be drastically streamlined once it resumes after the Covid-19 pandemic, while his fellow World Cup winner Joel Stransky is hoping for a quicker, less contact dominated game when action gets underway again.

Typically for the great South Africans they are, the two World Cup winners were busy handing out food parcels in Lonehill for the One Cup of Pap charitable initiative when they spoke to The Citizen about what they were hoping for once rugby is allowed to take place again.

Smit’s focus was on the effects of the suspension of play and how rugby organisations are going to have to adjust not just their schedules but also the very structure of the game in their respective countries in order to ameliorate the tough financial conditions that will be prevalent.

“Covid-19 has been a massive storm that has had a massive impact on our game, showing us how we have taken certain things for granted. I think it’s important to remember that rugby is largely a product of the players and wherever the sport is not streamlined enough, guys are going to have to make cuts.

“Decisions are going to have to be made about not just the survival of those in the game at the moment. Where the game is running fat, where most of the money is going, that’s where there have to be cuts and I think we all know where those places are,” Smit, a former CEO of the Sharks, said cryptically.

Former flyhalf Stransky wanted to see a pacier game in which there will be more exciting backline play.

“I don’t think the game will change so much although there will be more screening and testing, we will be more aware of the risks but there will still be running, scrumming and tackling. I would just like to see the space on the field used more. Rugby has become very predictable with defensive structures so well organised. The players are now very physical and tend to just bash it up.

“There is not too much backline excitement anymore; players like Cheslin Kolbe at the World Cup, stepping and beating players, using the space, are few and far between; normally the backs just kick the ball through now and hope for a mistake,” Stransky said.

The 1995 drop goal hero said he hoped being deprived of live rugby would encourage people to go back to the stadiums when the action resumes, and Stransky said he counted himself now amongst the people who used to just watch on television (when not broadcasting) but he would now be taking the family to games.

“There’s still going to be massive drama but every sport is in the same boat and we’re no different to other industries – we have all taken a knock. It could take years to bounce back but as soon as there is sport to watch live then hopefully people will be more inclined to go to the stadiums. I know I will be taking the family once rugby is back,” Stransky said.

Rugby in the age of Covid-19 will be a non-spectator sport but at least there are some signs that action will return to the fields and our television screens soon.

New Zealand, thanks to their excellent leadership and general good behaviour of their citizens, are once again being the world-leaders and the great news came out of the Land of the Long White Cloud this week that prime minister Jacinda Ardern is set to announce an easing of their Lockdown to Level 2 on Monday, which allows for the resumption of competitive sport.

Rugby – and more particularly SuperRugby – has been in quarantine since mid-March, but now it looks likely that New Zealand’s franchises will return to action perhaps as early as the first weekend in June. NZ Rugby chief executive Mark Robinson said the players would need three to four weeks of training to be ready for contact and to put on the sort of spectacle rugby fans are so desperate to have back in their lives.

The competition will be called SuperRugby Aotearoa and will involve New Zealand’s five franchises – the Blues, Chiefs, Hurricanes, Crusaders and Highlanders. They will play each other home and away over 10 weeks, with two matches every weekend. But all matches will be played in closed stadiums.

South African rugby fans will have to be more patient, however. While New Zealand this week reported no new Covid-19 cases, South Africa is still living with a pandemic that is still causing more cases (437 announced on Friday) and deaths each day. We’re just going to have to accept New Zealand once again having a headstart on us.

While it is obviously disappointing that spectators won’t be able to watch live at the venues, the first priority has to be to get rugby on the go again, even if it is just on television. To that end, WorldRugby this week put out a statement from their medical experts that all rugby should be played behind closed doors. Even then, they say a minimum of 167 people (58 players, eight stadium operations staff, 41 people working for television, 16 medical personnel, 10 administration staff and four security guards) would be needed at a stadium to put on a high-level game of rugby, so that can’t happen until government allows gatherings of 200 people.

There are also conditions attached to the return to training, which initially will have to be non-contact with masks, and moving from pairs to small groups to full squads.

It looks likely that the two Tests the Springboks were meant to host against Scotland in July will now be played in the summer, but the Rugby Championship is still scheduled to be played in August/September. If our domestic franchises only return to action in July (which is probably the best-case scenario), then the All Blacks will have a massive conditioning advantage over the world champions. But the cash-strapped sport’s need to return to international action is so urgent that those imbalances just have to be accepted.

An additional problem in this country once rugby returns behind closed doors is access to the games. Not being able to go to the stadium is one thing, but most rugby fans cannot afford pay-TV, especially in ever-tighter economic times. Should at least some matches not be broadcast on free-to-air television?

One of the major axes I have to grind with SA Rugby is how they have allowed potentially their most valuable brand after the Springboks, the Currie Cup, to wither into near insignificance. Hopefully when our four SuperRugby franchises plus the Free State Cheetahs and Southern Kings, play their replacement tournament later this year it will spark the revival of the greatest domestic competition.

One only has to watch the sheer passion and intensity on display in the re-runs of Currie Cup finals from early in the last decade to realise what it meant to the players, even the Springboks who were allowed to take part back then. Hopefully once crowds are allowed to attend as well, they will show similar enthusiasm.