Ken Borland

Former Proteas captain Faf du Plessis continues to bat with the same class and explosiveness as he showed in his first match as skipper of the Bangalore Royal Challengers at the weekend, but his team suffered the same fate as they always seem to when they put a big total on the board – losing by five wickets with a full over to spare against the Punjab Kings in the Indian Premier League.

Du Plessis changed gears superbly in his innings as his 88 off 57 balls took Bangalore to 205/2 in Mumbai. Opening the batting, the 37-year-old only scored 17 runs off his first 30 balls in seamer-friendly conditions, but two sixes and a four off West Indian paceman Odean Smith in the 13^th over took him to his half-century off 41 balls. He plundered 38 runs from his next 16 deliveries, adding 118 in 10 overs with Virat Kohli (41* off 29).

But then, in a recurring theme for Bangalore, their bowlers let them down.

As usual when Du Plessis is the star of the day, in what is still though a domestic league, his display led to plenty of questions over why the Proteas have not chosen him since he retired from Test cricket in February 2021.

The current situation is that Du Plessis is technically available for white-ball cricket, but it is difficult to rely on him at national level because his first priority is playing as a T20 free agent in the leagues around the world. Du Plessis wants a contract to play for South Africa, but CSA cannot afford to contract a player who is only available to them some of the time and in only one format.

Last year Du Plessis said he was taking a sabbatical from ODI cricket in order to concentrate on T20 cricket with World Cups being played in 2021 and this year. He has since made no mention of his ODI availability.

So it would seem Du Plessis has had his day in the Proteas shirt.

Cricket South Africa’s board announced on Monday that they will institute an enquiry into the conduct of director of cricket Graeme Smith and Proteas head coach Mark Boucher following the accusations of discrimination made against them by the Social Justice and Nation-Building Report released last week.

An independent legal panel will conduct the enquiry, making it a more formal process than the SJN hearings, during which evidence was not tested and ombudsman Dumisa Ntsebeza admitted that his findings were “tentative” and not definitive.

Even if there is no more than a germ of truth, however, in the SJN allegations, CSA’s statement said “The Board [is] mindful of its duty to treat allegations of racism or discrimination with the utmost seriousness and in a manner that ensures fairness and due process in terms of South Africa’s labour legislation and the Constitution.”

The formal enquiry will also give Smith and Boucher another opportunity to give testimony in person, after both were criticised for only submitting affidavits to Ntsebeza during the SJN process.

Smith has been accused of misusing his position as director of cricket to shepherd “his friend” Boucher into the head coach position without following due process. The former Proteas captain’s lawyer, David Becker, has refuted these allegations, pointing out that the decision was signed off by the board and executive management of CSA.

Ntsebeza’s finding also ignores the fact that Boucher was the most successful coach in domestic franchise cricket at the time of his appointment, and has international playing experience second to none.

Smith’s own appointment was also flagged by Ntsebeza as being irregular, but again this was done with the approval of a Black-majority board as well as the executive management of CSA, according to Becker and the organisation’s own evidence at the SJN hearings.

CSA said the formal enquiries will start “early in the new year” and will include all employees, suppliers or contractors implicated in the SJN report.

Smith and Boucher will continue in their positions until at least the end of the India tour on January 23.

All of which makes it seem like CSA are starting their investigations all over again despite spending R7.5 million on the SJN.

Lawyers for various respondents implicated in the Social Justice and Nation-Building Report have stated Cricket South Africa’s board will need to consider “a number of fundamental flaws” in both the process and the findings of ombudsman Dumisa Ntsebeza.

David Becker, the former head of the International Cricket Council’s legal department and the attorney of CSA director of cricket Graeme Smith, issued a statement on Thursday evening on behalf of the lawyers of the respondents, saying there were “concerns about the integrity of the process”.

Smith, through Becker, is going to be fighting the allegations in the report that his appointment as director of cricket was “irregular” and that he was guilty of racial discrimination both in his current position and when he was captain of the Proteas.

“CSA is going to have to consider a number of fundamental flaws in the ombud’s process which have been raised by several respondents,’ Becker said.

“How do you make far-reaching and public findings of racial prejudice … and in the same breath say that they are ‘tentative’ … ? How is CSA expected to implement those findings when the ombudsman has said, by his own admission, that he ‘cannot make definitive findings’ … where the evidence … was not tested.

“Why wasn’t the evidence properly tested? The ombudsman had the opportunity to cross-examine the witnesses … and didn’t take that opportunity,” Becker said.

Ntsebeza was constantly trying to buy himself more time for a process that CSA had already extended from four months to six months, which the organisation said had cost them R7.5 million rather than the budgeted R5 million. And yet Becker criticised the process as still being lacking.

His statement pointed out that certain respondents were not properly informed of the allegations of racism made against them; “if so, this is very serious and the findings against them will ultimately need to be withdrawn,” Becker said.

Significant conflicts of interest were also raised because lawyers Sandile July and Fumisa Ngqele had a dual role of not only advising the ombud but also drafting heads of argument for the complainants. Becker alleged that “over 250 paragraphs of the complainants’ heads of argument have been simply cut and pasted word-for-word directly into the ombudsman’s report”.

Becker also said some of Ntsebeza’s findings were “entirely questionable and without any basis”. He pointed to the finding that Smith’s refusal to work under former CSA CEO Thabang Moroe was evidence of his racial bias as ignoring the fact that the director of cricket has happily worked under acting CEO Pholetsi Moseki and three Black CSA presidents since his appointment.

The SJN Report also largely ignores the 250 pages of evidence submitted by the South African Cricketers’ Association dealing with the allegations against the players’ union.

Becker pointed out that two full days were granted to the four players found guilty in the 2015 matchfixing investigation, with Ntsebeza later describing their evidence as a “red herring”.

Ill-equipped leadership is something which really hits a nerve when it comes to South African cricket, largely due to the incompetent and self-serving Board and CEO which the game here had to labour under between 2017 and 2019.

So it was distressing this week to see the new CSA Board suffer their first mis-step, showing the same sort of reactionary leadership of their predecessors rather than the proactive management that is required of a billion rand organisation.

The Proteas have been grappling amongst themselves with issues of a new team culture for these changing times, especially since Black Lives Matter has made such a dramatic impression on the global sports environment. And the anti-racism message of that movement should hit particularly near to home due to the notorious history of our country.

Unfortunately, the team have not been able to come up with a unified response to BLM. It has not been a good look to see some of the team kneeling, others standing; some with fists raised, some with hands by their side.

But the CSA Board has failed to provide strong leadership in this regard. It’s not as if this issue has suddenly sprung upon them. How to properly acknowledge BLM has been a problem for the Proteas for more than a year. A proactive board would have known the spotlight would be on the team at a World Cup and would have ensured proper engagement was held with the squad and a solution found before the tournament. The sort of engagement that happened on Wednesday night once the crisis was already in full swing.

Instead, like a poor captain moving his field around in response to a boundary being hit, CSA chose the ham-fisted route of not consulting and issuing a directive, on the morning of a crucial game.

The national team have had their fill of arrogant administrators having the audacity to run cricket as their own fiefdoms, and the timing of the edict, and the fact that it came out of the blue without any consultation, was bound to cause some push-back.

Quinton de Kock’s initial refusal to take a knee, even though he is a product of a mixed-race family, caused near hysteria in this race-obsessed country of ours. Personally, I believe it is the right thing to take a knee for Black Lives Matter, but what worried me more about De Kock’s actions was that he was willing to leave his team in the lurch, pulling out of a crunch game two hours before the start, because he was very annoyed at being forced to make a gesture.

But many of his critics should perhaps take the beam out of their own eye before they try to remove the speck in De Kock’s eye. How many of them are anti-vaxxers? Because that is a similar issue of personal freedoms versus common good.

How many of those who viciously labelled the 28-year-old as a racist would be willing to make a gesture when it comes to protesting Farm Murders?

Because in many people’s eyes, rightly or wrongly, Black Lives Matter is as politicised an issue as Farm Murders. Just as there surely can be no moral objection to Black lives mattering, surely all farm murders are wrong?

This is where education is so important. CSA should have sat down with the players a long time ago and explained exactly what Black Lives Matter means in a South African context and what exactly the team would be supporting and protesting against should have been thrashed out and finalised.