Ken Borland

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.

The Social Justice and Nation-Building Report released on Wednesday not only claims the appointments of CSA director of cricket Graeme Smith and Proteas head coach Mark Boucher were irregular but also alludes to “racial discrimination” on their behalves.

Despite these highly-damaging accusations, Advocate Dumisa Ntsebeza’s report concludes with admissions that “it cannot make definite findings”, “there was no process in place for testing the submissions” and that his recommendations and findings are “merely tentative”.

Smith’s appointment as Director of Cricket in December 2019 was labelled as “flawed” because South Africa’s most successful captain was headhunted for the position, a common practice in the corporate world. He was initially approached by former CEO Thabang Moroe, who was soon after dismissed by CSA for numerous incidents of maladministration, but still had the gall to criticise Smith’s appointment at the SJN.

The fact that Smith did not want to work under Moroe or former Board president Chris Nenzani, both of whom have left their posts under a cloud, was described as “racial bias against Black management”. The report makes no mention of the fact that Smith has continued to work under Black African Acting CEO Pholetsi Moseki and generic Black board president Lawson Naidoo since then with no issues.

Smith’s subsequent appointment of “his friend” Boucher as head coach was also stated to be an example of “unfair discirimination” based on race, because he was chosen ahead of Enoch Nkwe, who was the interim head coach.

The report lists Boucher’s five franchise trophies in three seasons as coach of the Titans, but then compares them, as equivalents, with two second-tier titles in the Netherlands, a Cubs Week triumph, three amateur cups with the Gauteng Strikers and three franchise titles won by Nkwe. No mention is made of South Africa’s three heavy defeats under Nkwe in India on their previous assignment.

Despite Boucher’s immense international playing experience, it concludes that the record-breaking wicketkeeper/batsman was appointed due to the colour of his skin.

Ex Proteas bowler and KZN Coastal coach Roger Telemachus, who has never led a franchise team, was also ruled to have been discriminated against.

The relatively new board will now have to extricate themselves from a dangerous situation in terms of legal liability, with an initiative set up by the previous board making serious allegations which have already attracted the interest of several affected parties’ lawyers.

Numerous people found to have engaged in racist conduct by the report are believed to have received no notice that they had been implicated, and at least one leading lawyer has sent a 17-page e-mail to the CSA Board warning that the report is seriously flawed in legal terms.

For now, the CSA directors are Out of Office, but they will have to grapple with the SJN issue in the new year.

“Just add it to my tab,” Graeme Smith would be justified in saying as India’s tour to South Africa was confirmed and in no small part due to the excellent relationship CSA’s director of cricket enjoys with Sourav Ganguly and Virat Kohli.

Although India will arrive a week later than the scheduled date of December 9, they will still be playing three Tests and three ODIs in December/January. The four T20s that were meant to be played have, however, been postponed, although CSA are confident that they will be played sometime in 2022.

Many in India seemed to be itching to ditch the tour in light of the Omicron variant of Covid now sweeping the world, but those in the know say the respect former Proteas captain Smith is held in by BCCI president Ganguly and India captain Kohli, helped sway the most powerful team in world cricket.

Given that the broadcast rights alone are worth at least $100 million, Smith has saved financially-troubled CSA hundreds of millions of rand.

The first Test will now start on Boxing Day (December 26) and be played at SuperSport Park in Centurion, while the Wanderers will now host the New Years Test, from January 3. Newlands in Cape Town unfortunately again misses out on their traditional New Years Test, but they will stage the third and final Test from January 11/12.

The ODI series is scheduled for the Cape thereafter.

Omicron is still considered a threat to the tour, however, so it is likely that no spectators will be allowed at the games, insiders say. The number of Covid cases in the country has been rising rapidly, so CSA have had to put a lot of planning into ensuring their bio-secure bubbles in Gauteng and Cape Town will be based on the strictest protocols.

2022 is another T20 World Cup year and CSA are confident India will return to complete their tour with four T20 matches, worth around $20 million each, before the global showpiece is held in Australia in October/November.

India are currently playing their second and last Test against New Zealand, which is due to finish on December 7, and the uncertainty surrounding quarantines has led to their departure being delayed by a week.

CSA’s director of cricket Graeme Smith is always just a call away from BCCI supremo Sourav Ganguly and the former Proteas captain assured on Wednesday that reports from India that their tour of South Africa would be reduced in duration had no basis.

The Times of India, quoting unnamed sources, reported on Wednesday that the BCCI has been “left with no choice” but to reschedule the series, with the number of Test matches reduced from three to two, ostensibly allowing the Indian team to fly out to South Africa later than their scheduled departure date of December 9.

The report implied that it was the players who were pushing for a shorter tour. India are also scheduled to play three one-day internationals and four T20s.

Smith’s response to questions over whether there is any truth in the Indian reports was a terse “Nothing like this has been discussed.”

Smith has been a long-time supporter of BCCI president Ganguly and the mutual respect between the two former national captains is obvious. They are in regular cellphone contact.

The uncertainty is still causing immense frustration, however, because South African cricket has been down this road before with both England and Australia contriving to almost ruin last summer by their rancouring decision to pull out of tours.

The selection of the Proteas squad for the first Test, starting on December 17, has been delayed. Not just because of the emergence of the Omicron variant of Covid but also because of some injury problems.

Lungi Ngidi’s positive Covid test – and the fact he has only bowled seven competitive overs since July – and Lizaad Williams’ side strain are in the public domain, but there are also apparently a couple of other injuries that nobody seems willing to talk about.

On the plus side, the selectors have confirmed that they have been in contact with rampant Central Gauteng Lions fast bowler Duanne Olivier and he is available for the Proteas again. The former Kolpak player has roared to the top of the wicket-takers’ list in four-day provincial cricket, with 28 scalps in four matches at an average of just 11.14.

He has been ferocious and the thought of a raging Olivier hurling down the ball at India’s batsmen at Centurion and the Wanderers, along with fellow fast bowlers Kagiso Rabada and Anrich Nortje, is a tantalising one.