Ken Borland

SA Rugby on Thursday submitted to the Independent Communications Authority of South Africa (Icasa) that their remedies proposed in their draft findings into the broadcasting of sport by subscription television will lead to a severe reduction in the investment by these broadcasters in professional sport and will ultimately cost the Springboks the chance of adding to their 2019 World Cup victory.

Icasa have proposed that broadcast rights should not last longer than three years, that there should be no exclusive deals and that the rights should be split between multiple packages and broadcasters.

But in public hearings held virtually on Thursday, SA Rugby CEO Jurie Roux said the ‘remedies’ would be an unreasonable burden on the federation and would mean they are likely to lose their fight for survival in these times of Covid uncertainty, while Senior Counsel Ngwako Maenetje said Icasa would be acting “irrationally” and ultra vires (beyond their powers) if they enforced the changes.

“If the regulations go through in their current format then we may never see a day like the 2019 World Cup win again. SA Rugby needs to produce compelling content that is commercially viable so we can develop the game from grassroots level to winning national teams. We are 99.7% self-funded, we only get 0.3% of our income from government, and broadcast rights bring in R752 million,” Roux explained on Thursday.

According to the SA Rugby presentation, broadcast rights make up 58% of their income, and sponsorships, which are largely dependent on TV exposure, make up another 26%.

“We are in a daily fight for survival, we are in financial difficulty having made losses between 2016 and 2018. We recovered a little profit in 2019 on the back of the World Cup and we looked forward to capitalising on that but no-one could have predicted what happened in 2020. Covid has pushed us into survival mode and had a massive detrimental effect. We’ve had to cut our budget by R1.2 billion.

“It has made insolvency a real and present danger, we’re on the brink, and if we had not been able to capitalise on broadcast rights, we would have been bankrupt by now. Exclusivity is the main source of our revenue and with less money it means there will be less rugby until we have to close our doors and only have club rugby. And then nobody will be interested in the game,” Roux said.

Judging by the presentation of Maenetje SC, Icasa would probably face court action if they enforce the regulations.

“No Regulatory Impact Assessment was conducted by Icasa, which makes the proposals irrational, they did not inform themselves of the adverse effect of these remedies. These effects are not proportional because they place such a burden on the rights holder, rather than broadcasters, such that they will not be able to sustain themselves. Icasa have paid scant regard to the dire impact we explained in our written submissions.

“By weakening one side of the equation you do not grow competitiveness in the market, SA Rugby will no longer be in a position to provide premium content and there will be an adverse impact on public interest. These remedies are irrational, not lawful and unconstitutional. They do not encourage investment so they undermine the Icasa mandate and exceed the statutory powers of Icasa,” Maenetje said.

Icasa launched their inquiry into subscription television services to ensure the broadcast market is sufficiently competitive, but Roux says “these remedies will have the completely opposite effect to their noble intentions”.

“The obligation is on the broadcasters and not on the rights-holders, which is where Icasa are acting ultra vires. There was no discussion of the economic impact in their draft findings,” Maenetje says.

“This just reaffirms what I’ve been saying about having a team together for a long time and being able to prepare properly – then you have a chance to win,” was coach Jake White’s response to his makeshift Bulls side being hammered 44-14 by the Pumas in their Currie Cup match in Nelspruit at the weekend.

Given the thoroughly unusual week they had, it was always going to be an uphill task for the youthful Bulls outfit to beat a fired-up Pumas side. Having emerged from their Covid outbreak, the Bulls had to play the Lions in a crucial clash in midweek with a weakened team. But they managed to sneak a win over their Gauteng neighbours, thereby ensuring they would finish top of the log.

They then had to wait 48 hours before they could do Covid testing again, leaving precious little time before Sunday’s match with the Pumas. White was always going to wrap his first-choice players in cotton-wool before their semi-final against the Lions on January 23, but he would have liked more time to prepare the largely U21 side he threw into action at the Mbombela Stadium.

“It was always going to be tough having just one training session together with this team, a guy like replacement flank Divan Venter only trained with us for 20 minutes because Nizaam Carr pulled out on the Friday. We’ve brought much better teams to Nelspruit and struggled, and this was a very new squad. But it’s never nice losing and I did hope for a better performance.

“I was pleased with the 7-10 score in the second half, but it was not ideal to go 31-0 down after the first 25 minutes. But all credit to the Pumas, we wanted to get those early points but they did it to us instead. They’ve been in Lockdown for a long time and made huge sacrifices, so it’s nice for them to get some reward. They should have won against some much better teams than what we brought here this time,” White admitted.

White said the best thing to come out of the game was that here were no injuries and now his team have the better part of two weeks to prepare for the knockout stages. The halfback pairing of Morne Steyn and Ivan van Zyl were probably the only two players who started against the Pumas and are likely to feature in the semi-final, and they were pulled off the field at halftime.

“The most important thing is that we didn’t get any injuries, which is quite nice. I was worried that we would lose one or two players, which is why Elrigh Louw and Johan Grobbelaar didn’t get on and Lizo Gqoboka only had limited time. I wanted to give Morne Steyn some game time and confidence, but two weeks out from a semi-final, you just don’t want the guys to get injured.

“I didn’t want to risk anyone and fortunately there were no injuries. I had still hoped we would be more competitive, like we were in the second half, but you’ve got to pay your school fees and a guy like Jan-Hendrik Wessels maybe lost just one game in his whole Grey College school career. But now we need to win our last two games, we’ve worked hard for a home semi-final and we have not lost at home yet,” White said.

A 136-minute 44 not out by opener Janneman Malan has kept the Cape Cobras in with a chance of victory going into the final day of their 4-Day Domestic Series match against the Warriors at St George’s Park in Port Elizabeth on Tuesday.

Malan’s resolute innings lifted the Cobras from a shaky 52 for three as, with wicketkeeper Kyle Verreynne showing the same determination in batting out 41 balls for six not out, they reached stumps on 82 for three. The visitors therefore need another 183 runs on the last day to post their first win of the season, after the Warriors fought back strongly from a first-innings deficit of 61.

The Warriors took their overnight score of 91 for two to 325 all out, thanks to Rudi Second notching his second century in successive matches, a classy 114 off 154 deliveries with 18 fours.

His third-wicket stand of 167 with captain Yaseen Vallie (57) was the foundation of the Warriors’ comeback. Lesiba Ngoepe chipped in with a quickfire 30 and Sinethemba Qeshile (30*) and Glenton Stuurman (22) then added 42 important runs for the ninth wicket just to ensure the challenge was stiff for the Cobras batsmen in the final innings.

The target of 265 became even more daunting when Mthiwekhaya Nabe removed Zubayr Hamza (19) and Tony de Zorzi (0) with successive deliveries.

Calvin Savage was earlier the best of the Cobras bowlers with four for 81 in 22 overs.

Rassie van der Dussen’s tenacious 107 not out was the only thing standing between the Knights and a walk in the park to victory over the Imperial Lions in their match in Bloemfontein.

But Van der Dussen has already been dismissed in the Lions’ follow-on innings, caught in the slips off Duan Jansen for 14 on the last ball before rain stopped play, the Lions struggling to stumps on 43 for two, still 167 runs behind.

The Lions began the third day well-placed on 124 for two, but spinner Shaun von Berg caused a major collapse when he trapped Wesley Marshall lbw for 38.

With only Van der Dussen providing much resistance, the Lions lost their last seven wickets for 63 runs as Von Berg took five for 93 in 28 overs in a fine display of leg-spin bowling.

Von Berg dismissed Marshall for 2 in the follow-on innings and the in-form Dominic Hendricks (27*) will have to bat long for the Lions on the final day.

Lock Jason Jenkins has played just the one Test for the Springboks, back in 2018, but now that he has returned to the Bulls on loan from Toyota Verblitz, the beefy 24-year-old has the chance to establish himself in the national squad for the rest of the year, with the legendary Victor Matfield seeing him as a definite option for the Green and Gold.

Jenkins has played for Verblitz since 2017, but represented the Bulls in Super Rugby as recently as last year. But the Pretoria-born St Alban’s College product is now entirely a Verblitz player, with Jake White’s former club agreeing to loan him to Loftus Versfeld until the end of October.

Talks are ongoing though to have Jenkins for longer and the Bulls are hopeful they can extend the loan. Being based in South Africa will also improve Jenkins’ chances of adding to his solitary Springbok appearance against Wales in Washington, especially with RG Snyman, Lood de Jager and Eben Etzebeth all having suffered injuries recently in Europe. That could be just the carrot needed to lure him into a longer stay, because Japan’s Covid-19 travel restrictions are onerous.

Matfield, the most-capped Springbok ever, believes Jenkins can certainly provide able back-up in the number four jersey.

“Jason is a number four lock in the same mould as Bakkies Botha or an Eben Etzebeth, he plays in the same style as them. He’s a big, strong ball-carrier and very good in the lineouts too. I’ve seen him call the lineouts before as well and he did it well. But to me he’s more of an enforcer, I don’t see him playing at number five for the Springboks.

“With Lood de Jager and RG Snyman possibly out of contention for the Springboks, Franco Mostert will probably run the lineout. But as a back-up, Jason can definitely fill in for Eben Etzebeth at number four,” Matfield told The Citizen on Monday.

Matfield also believes the 122kg Jenkins will make the Bulls set-piece even stronger. White has a group of promising number five locks in his camp, but big bruisers with experience to fill the number four jersey are a bit thin on the ground. The other second-rowers in the Bulls squad are Ewan Coetzee, Jean Droste, Andries Ferreira, Sintu Manjezi, Walt Steenkamp, Wian Vosloo and Ruan Nortje.

“Jason is a great signing for the Bulls because last year their front row was really strong, but they perhaps needed that bit of extra bulk in the second row. They have one or two number five locks but they missed having an enforcer like Jenkins,” Matfield said.