Ken Borland

Watching South African rugby on television at the moment may be a bit like being in a canoe stuck in a stagnant backwater – the still water means not much is happening – but there is a deadly waterfall up ahead if the Independent Communications Authority (Icasa) get their way.

Icasa, which regulates broadcasting in this country, are concerned that subscription TV, i.e. Multichoice, have a monopoly on showing live sport in this country and they want to make the market more competitive. To do this, they propose that broadcast rights can only be bought for a maximum three-year period, there are to be no exclusive deals and rugby’s properties must be split and dispersed between as many broadcasters as possible.

But as SA Rugby so ably illustrated in their presentation to Icasa during public hearings this week, these so-called remedies will have the exact opposite effect. Because they will have such a drastic economic impact on the sport, for whom the sale of television rights makes up 58% of their income (sponsorship, which largely depends on TV exposure, makes up another 26%), the market won’t be competitive at all because professional rugby, already brought to its knees by the Covid-19 pandemic, will all but cease to exist.

Spreading the rights around may sound like a lovely socialist plan in an ideal world, but in the real world of free market economies, and the absence of any other broadcaster remotely capable of doing and paying what SuperSport does, rugby is in the canoe going over the Victoria Falls if they can no longer sell their rights as a single package, in long-term, exclusive contracts.

Given the abysmal record of almost all parastatals in this country, I have a healthy scepticism when it comes to them poking their noses around wherever they sniff money or gravy. But I was squirming with discomfort when, following SA Rugby’s presentation, one of the Icasa councillors asked if the federation would consider producing movies, documentaries or news if they could no longer do rugby.

I was so shocked by the sheer idiocy of the question, coming from someone who is no doubt earning a healthy slab of taxpayers’ money and is in a position to draft laws for the people of this country, that I fired off a derogatory tweet. Shortly thereafter, after a rant by the Chairperson about people disrespecting authority on social media, I was removed from the virtual meeting.

It’s a bit like asking a company that specialises in making hand sanitizers if they wouldn’t mind switching to car manufacturing because the government wants to fiddle with the market.

As SA Rugby CEO Jurie Roux pointed out, it costs millions of rand to build a competitive rugby system that will find a player with talent in the grassroots pipeline, take them through the youth age-levels, through provincial and franchise rugby and hopefully then to the Springboks. That money largely comes from the sale of television broadcast rights and sponsors who are willing to pay for the exposure they get on TV.

Apart from their clearly undemocratic and anti freedom of speech tendencies, Icasa also failed to do a Regulatory Impact Assessment before drafting their findings, according to SA Rugby’s legal counsel, Ngwako Maenetje SC. He also accused Icasa of paying scant regard to a written submission SA Rugby had previously made, which gave a thorough indication of the dire financial impact the proposed regulations would have on rugby.

A court date undoubtedly beckons for Icasa if they continue with this idiocy.

Roux also mentioned SA Rugby’s mandate is to produce compelling content and the current standard of the Currie Cup has been a subject of much discussion recently. It certainly has not been a top-class spectacle, but there have been mitigating factors for that such as the heat, humidity and rain at this time of year and the disruptions caused by Covid outbreaks.

But a look at the laws of the game could help. I like a suggestion made by coaching gurus Nick Mallett and Swys de Bruin that being able to mark a kick anywhere in the field should be considered, scrum infringements should initially just be free kicks and the attacking side should not be held to the same offsides lines as the defence.

Bulls coach Jake White has refused to release an injury report this week ahead of their SuperRugby Unlocked opener against Griquas at Loftus Versfeld on Saturday night, and the reason became clear on Thursday when he announced a team missing several of the stars from their impressive warm-up against the Sharks a fortnight ago.

White has decided not to risk the “niggling” injuries captain Duane Vermeulen, dazzling new wing Kurt-Lee Arendse and experienced loose forward Nizaam Carr have suffered and he has also been shorn of the services of hooker Schalk Erasmus for six weeks, after surgery on a twisted ankle.

So flank Arno Botha, who has made an impressive return to South African rugby, will lead the team against Griquas and Tim Agaba will start at eighthman. The tall David Kriel looked a threat when he came on in the second half against the Sharks and he will replace Arendse at left wing, while the Bulls have good cover at hooker with Corniel Els starting and the exciting young Johan Grobbelaar on the bench.

“Duane has a bang on the leg from last week’s Springbok Showdown and he’ll be fine, but with us playing for five weeks in a row we cannot afford to risk him pushing through. We can afford to give other guys opportunity though and it’s a great chance to see how Tim, who everyone speaks highly of, goes along with the first-choice pack.

“Kurt-Lee is also injured, he has a contusion on his quad and for someone who needs to run a lot, that’s a risk. He’ll be ready next week. Schalk has had an operation on an ankle roll and we know he’ll be ready in six weeks, whereas if we’d treated it conservatively it could reoccur. Nizaam has a bang on his knee so I couldn’t pick him.

“All the teams seem to have a lot of niggles because of the lack of rugby and contact. I suppose I could pick these guys if I really wanted to, but we can’t afford it with our schedule if they have niggles. That’s why I don’t want to give my injury report on a Monday because then the opposition then basically knows my team at the start of the week and I wanted to see if some of these guys could pull through,” White said on Thursday.

The one area where White has taken something of a risk is at tighthead prop, however, with Trevor Nyakane chosen despite spending the week in Cape Town in quarantine because he had been in close proximity with fellow Springbok Oupa Mohoje, who has tested positive for Covid-19.

“Trevor had a training program in Cape Town and he’s been able to stick to that. Of course it’s not ideal that he hasn’t trained with us, but he’s a Springbok and important to us. He knows how we play, he’s been at every session except the last two weeks. We’ll start with him and then if he gets fatigued then we can bring the reserve [Mornay Smith] on,” White explained.

Grobbelaar has recently got over his own struggle with Covid-19 and with Lizo Gqoboka recovered from injury and starting loosehead Jacques van Rooyen having arrived at the Bulls and impressed, the Pretoria side have plenty of front-row experience for a clash in which the first battle will be up front.

Team – Gio Aplon, Travis Ismaiel, Stedman Gans, Cornal Hendricks, David Kriel, Morne Steyn, Ivan van Zyl, Tim Agaba, Arno Botha, Marco van Staden, Ruan Nortje, Jason Jenkins, Trevor Nyakane, Corniel Els, Jacques van Rooyen. Replacements: Johan Grobbelaar, Lizo Gqoboka, Mornay Smith, Sintu Manjezi, Elrigh Louw, Embrose Papier, Chris Smith, Marco Jansen van Vuren.

The effectiveness with which the Bulls were able to kill the Sharks’ momentum in last weekend’s SuperFan Saturday match at Loftus Versfeld will weigh heavily on coach Sean Everitt’s mind as he prepares for the tough SuperRugby Unlocked challenges that lie ahead.

While the Sharks set the tone in SuperRugby earlier this year with the brisk tempo of their play and the efficient finishing of their backline, the Bulls showed that both those factors can be taken out of the equation if the KwaZulu-Natalians are beaten at source and don’t get enough quick ball, with the home side romping to a 49-28 win in Pretoria.

The loss of Andre Esterhuizen, Tyler Paul, Juan Schoeman and Le Roux Roets has robbed the Sharks of much go-forward grunt and they will have some other big packs to contend with when Super Rugby Unlocked starts on October 9 when they host the Lions in Durban.

“I thought the Bulls’ breakdown work was outstanding and we battled to get quick ball. Momentum comes from what type of ball you get at the breakdown and it was difficult for us to get any momentum, difficult to get on the front foot. In terms of physicality, the Bulls handled us well. It’s always difficult when you’re under the pump and don’t get over the gain-line.

“You end up making mistakes under pressure and turnovers, which means you’re always on the back foot. So it was obviously not the scoreline we wanted. We wanted to play off turnovers but they negated that and then three missed balls in the air cost us three tries. We will have to reorganise in that area, although we were also a bit unfortunate on attack,” Everitt said.

Given that the Sharks play a high-risk, high-reward type of rugby and that they now have a young side, it was understandable that there were costly moments when sound judgement was not always apparent.

“We certainly took a lot of learnings from the game. We came in with an enlarged squad and a lot of really good youngsters, and in the second half they did exceptionally well, playing the style of rugby we wanted. When you play risky rugby, sometimes things are not going to go well and missing some balls in the air cost us, the Bulls did well in the set-pieces and their breakdown work was outstanding.

“When we were deep inside their 22, maybe we didn’t always take the right options and we’ll now have to refocus. Injuries will happen, that’s part of the game, and we were fortunate not to have many in SuperRugby. But now a perfect scenario would be being able to rotate the squad, but we are still getting contact fit. The good news is James Venter, Henco Venter and Madosh Tambwe should all be available for the Lions game,” Everitt said.

Cricket South Africa’s Members Council, having studied a summary of the Fundudzi Forensic Report over the weekend, have decided that whatever the governance failings of the Board of Directors were, they are not terrible enough to warrant them stepping aside ahead of the AGM, which has to be held by November 5.

The 14-strong Members Council includes seven members of the Board, an awful structural defect which perhaps made stronger action impossible. Nevertheless, there does seem to be a strong desire for change in CSA’s governance structures and how the Board is constituted. The weekend bosberaad decided that CSA’s Memorandum of Incorporation is to be revised with special attention given to the composition and roles of the Members Council, the Board of Directors and executive management.

But it is the current Board who will be responsible for the implementation of these changes before the AGM.

“The summary of the forensic report was quite comprehensive and covered all the burning issues. Just the litigation-sensitive stuff was kept from us on the advice of legal counsel from Bowmans Gilfillan so as to protect the case they are building against the relevant people. But there was not much in there that should affect the appointment of directors. Not many of the responsible people remain on the Board.

“There are things that could have been done better and some decisions made by the Board were not great. But often they rely on senior management to feed them the information, you trust that information to be correct and then six months later when you discover that it is not, then it’s too late. But I can’t really see why it was kept from the public,” a Members Council delegate told The Citizen on Sunday night.

The Members Council will now have their meeting with Sascoc, who have called for the Board and executive management to stand aside and allow the independent task team they are appointing to conduct an investigation into the affairs of CSA, on Monday evening.

But the practicalities of who would actually be in charge of the operations side of CSA, as well as what is seen as “quite an aggressive overstep by Sascoc”, makes it unlikely that CSA will agree to the Sascoc demand for directors to step aside.

A date for the AGM, originally scheduled for September 5, has not been finalised, but the controversy over the nominations process for new directors was discussed. The process will now be overseen by an interim selection panel comprised of people from both within and outside the game.

The proposed changes to the MOI will all need to be ratified at the AGM.