Ken Borland

It was never going to be a dolly of a catch that Social Justice and Nation-Building ombudsman Advocate Dumisa Ntsebeza found himself under, but given the evidence provided during the last week of hearings, his job over the next month in compiling his final report should be like taking a firmly-struck drive straight to you in the covers.

Given the legal pedigree of Ntsebeza, I would be surprised if he fumbled. Even though the way assistant Sandile July seems to have already made up his mind about who the villains of this piece are is a bit like your team-mate distracting you under a high catch by also trying to get under it.

As Ntsebeza has often reminded, his brief is to find whether there has been racial and gender discrimination in South African cricket.

For those of us who have been involved in the game since unity, the evidence has clearly backed up what we knew all along. There was most certainly racial discrimination and lingering Apartheid attitudes that caused some fine cricketers and people to be dreadfully treated.

But since around 2010, the issue becomes cloudier. The national team became more representative and more aware of diversity and cultural differences. Cricket South Africa’s Board became majority Black.

The last week has seen Ntsebeza admit that the evidence provided by those found guilty of attempting to corrupt the game – Alviro Petersen, Lonwabo Tsotsobe, Ethy Mbhalati and Thami Tsolekile – that they had been discriminated against on the basis of their colour, was “a red herring”.

Ntsebeza expressed his regret that so much time had been spent on the issue, likening it to “a runaway horse” that was eventually corralled by the testimony of those who led the matchfixing investigation in 2015/16.

So their evidence – save for some of the harrowing tales from Tsolekile’s youth – should be discounted. Along with that of former CSA independent director Eugenia Kula-Ameyaw, who ironically came up with the SJN idea.

That she actually has very little clue on the game in this country was borne out by much of her evidence being picked apart by the compelling testimony of SACA chief executive Andrew Breetzke, CSA’s acting head of pathways Eddie Khoza and acting CEO Pholetsi Moseki.

High-profile lawyer David Becker, along with Moseki, also cleared up many of the untruths about how Graeme Smith came to be in CSA’s service as director of cricket.

It is a pity that none of Smith, Mark Boucher or AB de Villiers have given public testimony, but hopefully there is enough in their affidavits for Ntsebeza to have a clear picture of their side of the story.

It is to be hoped that Ntsebeza, who seemed to grow increasingly frustrated towards the end of the hearings but managed to remain in control and exude a definite air of fairness, is able to produce a final report that CSA can call into service to ensure they continue the progress in transformation that they have made.

The importance of the SJN is to guide CSA into the future and not to settle the scores of those who are bitter, especially those who are chiefly responsible for their own demise.

Selection and quotas will always be a contentious issue. And even though Khaya Zondo was clearly unfairly treated in 2015, it is difficult to say it was on the basis of his colour given the fact that Black people, and not just De Villiers, were involved in that controversy.

Speaking of being unfair, July himself admitted that targets were discriminatory but were designed to undo previous wrongs. It is an argument with huge merit, but the other side of the coin is that innocent people are being punished for the sins of their fathers.

I always think the opinions of West Indian great Michael Holding should guide one’s view in most cricketing discussions. But even he appeared a bit stumped by the whole quotas issue when he addressed the SJN hearings at their closure.

Calling them “an unnecessary burden” for players of colour, allowing the churlish to say they are only in the team because of regulations, he added that he understood the reason for them because people wanted to see a team that is fully representative and that the fear is, without quotas, this will not happen quickly enough.

Holding said he hoped they would eventually no longer be necessary.

My hope is that the SJN leads to exactly that, where all cricketers in this country have an equal opportunity to play for the Proteas.

The Social Justice and Nation-Building hearings resumed this week with those implicated in the earlier sittings getting the chance to answer their accusers and it seems the first half of the commission had several charlatans giving evidence.

It just goes to show the importance of hearing both sides of the story before jumping to sensational conclusions.

Clear problems have been identified like the Dolphins’ handling of Aya Myoli’s assault by Robbie Frylinck, the millions of rand which Easterns have been given to uplift development clubs but which have not been distributed to them and Khaya Zondo’s non-selection in 2015.

Myoli’s treatment is particularly shocking: because Frylinck negotiated a plea bargain that included confidentiality, Myoli, despite being the victim, was never informed of the outcome of the disciplinary hearing back in 2016 and had no idea some form of justice had been done.

But there has also been much evidence that previous testimony has come from embittered former players, especially those convicted of matchfixing offences.

We heard stories of players who had a history of creating divisions within their team, players who complained of being underpaid in comparison to White players when the facts showed that for eight of their seasons with a franchise they were within the top-four salary-earners, and international stars who complained about being discriminated against but failed 15 different fitness tests but were considered undroppable due to quotas.

While some of this has undoubtedly been mischievous, there have also been understandable misunderstandings and it has been good this week to see much of the air cleared up.

Enoch Nkwe’s demotion from interim head coach to assistant coach was controversial and sinister undertones were detected when then acting CSA chief executive Jacques Faul held a meeting with him over cappuccinos at Pearl Valley after Faul had met with SACA, the players’ association.

But Faul pointed out this week that he set up the meeting with Nkwe, along with director of cricket Graeme Smith, head coach Mark Boucher and captain Faf du Plessis in order to allow them to try and find common ground because he was desperately keen to keep Nkwe involved with the Proteas.

Empty vessels make the most noise, so the saying goes, but amidst all the loud cries of racial discrimination why hasn’t there been more noise over the fact that the Black-dominated previous CSA Board was seriously underpaying Nkwe as well as manager Khomotso Volvo Masubelele?

When Faul, who had been acting CEO before in 2012/13, returned to CSA in December 2019, he was shocked to find Nkwe and Masubelele were earning less than what their predecessors were getting in 2012. And this was approved by a CSA Board which only featured a couple of Whites and former CEO Thabang Moroe. The same people who appointed Smith as director of cricket and approved Boucher as the head coach.

Also giving evidence this week was former Proteas manager Mohammed Moosajee, a man who has contributed immensely to South African cricket and is as committed to transformation and excellence as anyone. He is a cricket man through and through.

As usual, he made perfect sense when he called for the Proteas to have a unified stance towards BLM, rather than the currently awkward situation where some people are kneeling, others are not; some fists are raised, others are not. As is so often the case in South Africa, it comes down to education.

Moosajee pointed out that it was himself and vilified former captain Smith who actually came up with the concepts around a more inclusive team with a greater appreciation for people from different backgrounds, races and religions.

As Moosajee pointed out, there is still work to be done to ensure the Proteas are a fully transformed and successful outfit, one which returns to the top table of world cricket. But much progress has been made in the last dozen years.

When the going gets tough, this Springbok team says they don’t make excuses, they find solutions. And that attitude was much in evidence in the third Test against the British and Irish Lions in Cape Town at the weekend when, despite not producing anything close to their best rugby, they simply refused to lose, doing what had to be done to secure a nailbiting 19-16 win and clinch the series.

With Rassie Erasmus still facing a misconduct charge from WorldRugby over his video analysis of officiating mistakes in the first Test loss, the churlish will say the director of rugby makes the Springboks’ excuses for them, but only the most biased would not have at least some grudging respect for the sheer determination and heroism this Springbok team has shown.

And speaking of heroes, the feats of wing Cheslin Kolbe and replacement flyhalf Morne Steyn were pulled straight from the pages of superhero comic books.

Kolbe scored the crucial try to overturn a 10-6 deficit, once again unveiling his superpower ability to simply vanish from the grasp of tacklers thanks to those incredibly feet of his.

And then Steyn, who had won the 2009 series with his long-range penalty, came on after 64 minutes, a 37-year-old playing his first Test since 2016. It was certainly a gamble, replacing the Springboks’ general, Handre Pollard, who has enjoyed an outstanding series but things were not going that well with his boot.

Incredibly, history repeated itself 12 years later as Steyn kicked two penalties, including the match-winning one in the 78^th minute, leaving one to wonder who exactly writes his scripts?!

“I had my head between my legs when Morne kicked, I just listened, I did not see it,” Springbok coach Jacques Nienaber admitted. “I’m really happy for him, it’s a fairytale.

“In the last five weeks, everybody had challenges, a lot of us got Covid and we lost a whole week of training. But the positive thing about this team is that they have no time for excuses, we knew we had to move on and make another plan. Those were the cards we were dealt with, they said ‘unfortunately that’s where we are, we have to move on and find a solution’,” Nienaber added.

For captain Siya Kolisi, the overriding emption was great pride in the team he has led magnificently.

“I honestly can’t explain in words what it means to us as a group to win the series. Coming from isolation, we all agreed that we would never make excuses, that’s not what South Africans are made of. When you step out on to the field, you agree that you are ready to play. That’s what I love about this team, we don’t make excuses, we find solutions,” Kolisi said.

Lock Eben Etzebeth and Steyn were the star players put up by the Springboks for media duties after the gripping match, and it turned out a friendly chat between the two at the start of the day had almost been prophetic.

“We expected it to be a close contest and we always knew that the Lions would come with a massive effort. I had breakfast with Morne and I said that it might come down to him winning the series again with a kick. He said he hoped we were a bit further ahead if he came on.

“It doesn’t matter how we won, just to get the victory is massive for us. We were able to get over the final hurdle. Apart from Morne, the rest of us knew we only have one chance to win a Lions series and we knew it was our last 80 minutes to do it. What happened is absolutely unbelievable and all credit to him,” Etzebeth, a talismanic figure in the Springbok pack all series, said.

“Just to be part of this series 12 years later was amazing and then to get on the field and then to have that kick. It was in a similar position to 2009, just a bit closer for these old legs, 54 metres then and this one was about 35 metres. For a kicker, these special occasions are why you put in all the hard work. You always dream of making a kick to win a series or a championship. All glory to God for giving me the chance to do it again.

“But credit to the whole team for building up to that moment on the field, their work softened them up. It was not our best performance but it doesn’t matter how you win. And thanks to Eben for that pep talk at breakfast!” Steyn said.

The second week of the Social Justice and Nation-Building Hearings has taken place at Cricket South Africa’s Melrose offices and, with former players giving evidence this week, it is clear that many feelings of discrimination arose from selection matters.

Selection in cricket is always a controversial and complex matter because of how many variables are involved in the game. It’s a bit like rugby in that you often don’t just choose your 11 or 15 best individual players. It’s about combinations and, in cricket especially, the balance of the team is so crucial.

And that balance has to be fit for purpose for whatever the conditions on the day or the opposition.

Adding to this already delicate mix is the fact that interfering with selection is official CSA policy; as Roger Telemachus testified this week, he had to be pulled from a 2007 World Cup match because there were no Black Africans in the XI.

The fact that it was Makhaya Ntini who was ‘forced’ into the team is interesting. The Mdingi Express was not only a vital beacon for transformation, but also a guaranteed selection for the vast majority of his career simply because of how great a fast bowler he was. But by 2007, especially on the low and slow pitches of the Caribbean, his white-ball form was declining.

Telemachus, a more skilful bowler in terms of slower balls, yorkers and other variations, was probably the better bet at that stage. Shaun Pollock, around about the same time, had to face similar pain as coach Mickey Arthur called time on his Test career because of his declining pace.

These are the sort of cricketing, rather than discriminatory, reasons that should definitely be considered by the SJN commission. As excellent a job as ombudsman Advocate Dumisa Ntsebenza and his two colleagues are doing, I do wish they had been given a cricketing expert to assist them – someone like Geoff Toyana.

The SJN’s shortcomings in this regard were shown when Ntsebeza asked Aaron Phangiso why Imran Tahir didn’t just stand down and give him a chance. Imagine Kagiso Rabada being asked to sit out and give Lutho Sipamla a go?

Phangiso was disgracefully treated in terms of selection in the 2015 World Cup, of that I have no doubt. For him to not play a single match was far more in need of intervention than the ill-fated make-up of the semifinal team. To not even play this quality left-arm spinner, known as ‘The Banker’ by his highly successful Highveld Lions team, against Ireland and the United Arab Emirates was appalling. The latter game was played on the isle of New Zealand, where the UAE were never going to stretch the Proteas. If South Africa felt Phangiso’s inclusion was somehow going to risk defeat, he should never have been in the World Cup squad in the first place.

But was this discrimination? The coach at the time – Russell Domingo – is Black, and so is the then-CEO, Haroon Lorgat, who had oversight over selection, with a majority Black board breathing down his neck.

I get the feeling from the many comments I have seen about former players ‘deserving’ better or ‘why weren’t they given more opportunity’, that many people don’t understand the nature of high-performance sport. Its about the best taking on the best. Of course in this country, with its history of oppression, there are mechanisms required to level the playing fields.

But no-one is entitled to be chosen, high performance sport is not about giving everyone a chance. It was also my dream to play first-class cricket, but I wasn’t good enough, end of story.

To see a former player with a batting average of 19.24 and strike-rate of 51 after 72 innings across the formats pose as a victim of a lack of opportunity is sad. He also said CSA is full of white bosses, which is totally at odds with the actual situation in a boardroom that has been majority Black for a long time.

I fully support Ntsebeza in this vital initiative to try and fix our cricket. But he is going to need the Wisdom of Solomon and some real cricket experts to do that.