Ken Borland

Hot on the heels of the new Cricket South Africa board protesting that they inherited the mess that was the Social Justice and Nation-Building hearings, there is a second legacy of the old, disgraced board that may also cause them strife in the coming months.

I do have some sympathy for chairman Lawson Naidoo and his fellow directors when they ask with some frustration, in the wake of CSA’s embarrassing arbitration loss to Graeme Smith, “What were we supposed to do?”

The fact that SJN ombudsman Dumisa Ntsebeza chose only to make “tentative findings” on “untested evidence”, but was quite happy to make public claims of racism (surely the most damaging allegation against a White South African), meant CSA were almost damned if they do, damned if they don’t.

If they failed to further investigate the SJN allegations, then they would have been accused of ignoring the systemic racism that no doubt was part of our cricket in previous decades. But by acting on the claims against Smith, they left themselves open to criticisms of a witch-hunt and slander because the evidence was so flimsy.

Naidoo and fellow director Steven Budlender, the noted advocate, defended themselves in a Daily Maverick article this week, but what they did not mention was the way CSA’s legal representatives handled themselves in the arbitration, being criticised by the officials for “changing their tack” in the middle of the hearings and “trying to trap Smith”.

Little wonder costs were awarded against CSA.

Because the SJN was not properly set up to hear and test such inflammatory evidence in a better-controlled legal environment, the previous board certainly left Naidoo and Co with an explosive booby-trap.

The other decision of the previous board that is now causing some unhappiness in cricket circles is the automatic promotion/relegation that will apply at the end of next summer and see one of the top eight teams go down to the second division.

At the moment, one of Northern Cape, KZN Inland or South-Western Districts look set to be promoted. The Free State Knights, based in Bloemfontein, are bottom of the Division One relegation standings, with North-West (Potchefstroom) and the KZN Dolphins (Durban) tied second-from-bottom. Even teams like Western Province (Cape Town) and the Eastern Province Warriors (PE) have anxious times ahead as they are only lead the Knights by 10 points.

Do CSA really want one of those major centres to miss out as the likes of Kimberley, Pietermaritzburg or Oudtshoorn have a Division One team instead?

The problem with automatic promotion/relegation is that it is unlikely, barring a mass defection of players, that the team coming up will be better than the side going down, given the quality of cricket played in Division II.

There are many good reasons to ensure teams in the lower division can work their way up into the premier section, but the majority of fans do not want to see the Dolphins, Western Province or the Central Gauteng Lions playing in the second league. Imagine iconic stadiums like Newlands, the Wanderers or Kingsmead not hosting the best domestic players?

The only reason teams like KZN or the Lions, who would have been involved in the relegation battle before their surprise victory in the One-Day Cup right at the end of the season, would find themselves in danger of going down is because they provide most of the Proteas team.

There are many who feel automatic promotion/relegation is there to ensure the smaller unions, whose votes are often like the tail wagging the dog, share a place at the top table for at least one season before themselves being demoted.

I know CSA have a lot on their plate, but tweaking this system to ensure the Division II winners are only promoted if they beat the bottom side in Division I, is hopefully going to become a priority.

A new T20 league co-owned by Cricket South Africa and SuperSport will be held in January and Indian Premier League teams are believed to be interested in four of the six pies that are up for sale.

According to a statement released by CSA on Friday, the new league will comprise six privately-owned franchises playing each other in a double round, before the top three sides move to the playoff stages.

These six teams will be totally divorced from the existing domestic teams, who will continue to play their own T20 competition. But grounds like the Wanderers, SuperSport Park, Kingsmead and Newlands are bound to be used as venues and will be paid hosting fees.

The previous problems faced by the ill-fated T20 Global League and Mzansi Super League in securing decent broadcast deals for the events are a thing of the past thanks to SuperSport’s investment not only in televising the matches and providing a global feed, but also as actual stakeholders in the tournament. SuperSport CEO Marc Jury told Saturday Citizen on Friday that “shareholding details will be provided later, but we can confirm that SuperSport and CSA are co-owners.”

The new franchise league seems to already have a better foundation than its predecessors and there has apparently been interest from four of the major IPL teams in getting involved. Names such as Chennai Super Kings, Mumbai Indians and Kolkata Knight Riders have been mentioned, but Jury said the ongoing “discussions are confidential and SuperSport are not at liberty to provide more details at this time”.

While some local CEOs were a little gun-shy at the prospect of another T20 franchise league being launched, saying “we have heard and been through all this before”, others said they were “really excited and it’s a great opportunity” for what CSA have marketed as “all-action cricket sportainment”.

January provides a gap in the international calendar such that all the top local players, including the Proteas, should be available, as well as international stars, except for those who are playing in Australia’s Big Bash, which traditionally runs through until the end of January.

CSA chief executive Pholetsi Moseki said “a sustainable business model has been created for both the league and the teams, with a healthy salary bill to attract the very best local and international players.

“The league also represents a fresh injection of funds into the sport in SA, which will help grow the game.”

There will be a player auction and all the teams will be entitled to field up to four overseas players in any starting XI. No transformation targets will apply to the competition.

An independent arbitration panel, while criticising the process as being far from perfect, has found Cricket South Africa’s now former director of cricket Graeme Smith was not guilty of any unfair racial discrimination in his appointment of Mark Boucher as Proteas coach ahead of Enoch Nkwe.

CSA, acting on the “tentative” findings of their Social Justice and Nation-Building Report, alleged that Smith had shown racial bias against Nkwe, who was the interim coach of the Proteas when the former national captain took over as director of cricket in December 2019.

But the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, cleared Smith of any racism and instructed CSA to pay his costs for the entire arbitration.

Smith explained his rationale for choosing Boucher in the hearing, starting with his impression of the Proteas team under Nkwe and captain Faf du Plessis on their disastrous tour of India in 2019, for which he was one of the TV commentators.

Smith described the Proteas as being “rudderless”, their performance was “way off par” and there was “quite a lot of onfield infighting between the players”. He told the arbitrators that his view on the coaching situation might have been different if the Proteas were a more experienced team with a captain that was going to be around for the next 10 years.

“I felt that I needed a character that could handle … an extremely high pressurised position, you are at the cold [sic] face of the world media, the … crowds. … I felt the team at the time needed someone that had extensive … experience in dealing with conditions, with the pressures that come with the international game. I knew that this team was going to lose extensively up front, it was going to take time to build it,” Smith told the hearing.

The arbitrators found that Smith made it clear to CSA that Boucher would be his appointment as the new coach, there was no objection from CSA and no suggestion from them that this was unfair to Nkwe. The then chairman of the board, Chris Nenzani, told Smith that he had the authority to appoint coaches and CSA never insisted on proper processes.

There was also a time factor because Smith could only make the appointments on December 11, 2019 after he was appointed director of cricket, and the Test series against England began on December 26, with the Proteas needing to assemble 8-10 days before that.

The arbitrators found that the CSA directive was for long-term appointments, not interim ones, and that it was their “inaction and delays that put Smith under pressure”.

CSA’s assertion that Boucher should never have been appointed national coach because he does not have a Level 4 coaching certificate, while Nkwe does, was left standing nude in front of the arbitrators when it was pointed out that CSA were happy to appoint both Gary Kirsten and Ottis Gibson as Proteas head coach when neither of them had a Level 4 qualification.

The Proteas may be performing at a renewed level of excellence at the moment, but Cricket South Africa continue to come hard at head coach Mark Boucher, who has now been formally charged with “gross misconduct” over the allegations of racism made against him by the Social Justice and Nation-Building report.

In what one CSA insider described as “an aggressive attack” on Boucher, the record-breaking wicketkeeper/batsman was served with charges under the organisation’s disciplinary code the day before the ODI series against India began.

Having pulled off an improbable 2-1 win in the Test series against India after losing the first match, the Proteas then registered an impressive victory in the first ODI in Paarl in midweek.

But the CSA Board’s antagonistic attitude towards their own national team and management was shown when they failed to send out any form of congratulatory message to the captain, players or coaching staff for beating the then No.1 side in Test cricket. CSA have made a habit in recent years of sending out congratulatory statements for even minor triumphs.

The SJN report accused Boucher of discrimination and using racial slurs relating to Paul Adams’ complaint of the Proteas team using a song referring to him as “a brown shit in the ring” during their fines meetings back in the late 1990s.

CSA on Thursday afternoon confirmed that Advocate Terry Motau (SC) would chair the disciplinary hearing, with the parties meeting on January 26 to determine a timetable for proceedings.

Legal sources have suggested that CSA’s already depleted kitty could be emptied even further if they try to use the SJN report to dismiss either Boucher or director of cricket Graeme Smith. Informed sources have indicated enquiries are still being made into whether Smith should also be charged, but that matter is complicated by the fact that the former Proteas captain is technically an independent contractor.

Lawyers representing several respondents implicated in the report have labelled it as “flawed” and have pointed out that the ombudsman, Advocate Dumisa Ntsebeza, admitted himself that his findings were “tentative” and that he could not make “definitive findings” based on “untested evidence”.

The impartiality of the lawyers involved has also been called into question because 260 paragraphs of the final report were merely copied-and-pasted directly from the complainants’ submissions.

The fact that such a significant accusation as racism has now been publicly made against Boucher and Smith is bound to lead to major legal challenges.

“They are not going to go quietly, they’re not just fighting for their jobs but also to clear their names,” a source close to both former Proteas stars said.