Ken Borland

The fact that his previous two-year ban for doping has now been quadrupled to eight years for his next offence is something Chiliboy Ralepelle’s lawyers believe is grounds for an appeal, but the former Springbok hooker’s career is almost certainly over after the South African Institute for Drugs-Free Sport’s independent doping tribunal announced another guilty verdict on Wednesday.

The 33-year-old tested positive for the growth hormone Zeranol while with the Sharks in January 2019. It was his second doping offence after being banned for two years in September 2015 for use of an anabolic steroid, Drostanolone, while recovering from injury in France.

Ralepelle has actually tested positive on three occasions, with his initial brush with the law coming in 2010 when he and wing Bjorn Basson were found to have the banned stimulant methylhexaneamine in their systems after the Springboks had played Ireland in Dublin on an end-of-year tour. But they were only given a reprimand when a judicial hearing found that it was not their fault because it came from a tainted supplement provided by the South African Rugby Union.

So it seems Ralepelle’s legal team are set to argue that it is only his second doping offence.

“We have concluded that there are definitely grounds for appeal, but we are creatures of instruction and we will take those instructions from Ralepelle on how he wants to proceed. We are preparing an opinion for Ralepelle on whether, solely from a legal perspective, he should appeal.

“There is one example: Chiliboy was previously banned for two years and the WADA laws say that the second offence must be double the standard for the first offence. In that respect, from our legal view, from a two-year previous ban, it should have been a four-year ban at best and not an eight-year ban. But we are still considering the contents of the judgement,” legal representative Hendrik Hugo told ENCA on Wednesday.

A four-year ban for a second offence involving serious drugs would appear to be a light punishment, however, given that some first-time offenders, such as Welshman Owen Morgan in 2017, have been given four-year sentences.

Springbok wing Aphiwe Dyantyi is facing a four-year ban himself after testing positive for three different steroids last year. According to SAIDS, a virtual hearing to the 25-year-old’s case should be held in the next two months.

At the other end of the spectrum, former Swansea hooker Dean Colclough was banned for eight years in 2014 for possessing and distributing steroids.

Cricket South Africa president Chris Nenzani on Tuesday night denied that the organisation was afflicted by terrible chaos but admitted that the delays in holding former CEO Thabang Moroe’s disciplinary hearing were not good for the game, although unavoidable to ensure correct procedures were followed.

Moroe was suspended in December pending the outcome of a forensic investigation, and last week returned to the CSA offices, purportedly to ‘return to work’ as he believed his suspension expired after six months. This happened after the South African Cricketers’ Association, the players’ union, warned that the CSA Board lacked the will to finalise Moroe’s case.

CSA’s former Head of Sales and Sponsor Relations Clive Eksteen, who was suspended by Moroe in October and fired by CSA at the weekend, on Tuesday announced that he would be taking the organisation to the CCMA for unfair dismissal.

“I don’t think Cricket South Africa is in chaos although there are challenges we have to go through. We have to make sure we deal with certain in-house issues so they don’t impact on the game. We hoped by now that we would have been able to announce the outcome of the investigation into Mr Moroe, but unfortunately not and there is great disappointment over that at Board and Members Council level. It is not desirable that it take so long and we will take the necessary action to ensure CSA are protected.

“But I ask for understanding because we must complete a forensic investigation that meets the highest levels of governance and that is time-consuming. We have been promised by the investigators that the first part of the report will be ready by Friday and the Members Council will then decide the way forward. But set processes need to be followed so we don’t fall foul of the law. I can assure that the terms of reference of the investigation are as exhaustive as possible, but it is not common practice to make them public,” Nenzani said in a virtual press conference on Tuesday evening.

While Nenzani did his best during an hour-long conference to depict all CSA’s cups as being half-full, the organisation’s president since 2013 admitted that he should not have extended his record tenure by another term.

“One of the things I would have done differently in hindsight is that I would not have agreed to serving as president for an additional year. I regret that. But when you are an elected official you have an obligation to serve and so when the Members Council asks you to continue then you subject yourself to that. But the term of the president will come to an end in the AGM in September,” Nenzani said.

The Bisho schoolteacher refused to deny, however, that he has his eye on the position of International Cricket Council Chairman.

“As far as the position of chairman goes, the ICC has issued a moratorium on people expressing a desire for that post. They haven’t even opened the process of nominations yet, so it would be premature to make any declarations of being available or not being available,” Nenzani said.

Cricket South Africa’s midnight statement saying former CEO Thabang Moroe is still suspended has only heightened the terrible uncertainty around the game in this country, the chief executive of the players’ union said on Friday.

Moroe was suspended on December 6 pending a forensic investigation into his management practices but arrived at the CSA offices in Melrose Estate on Thursday morning, ostensibly seeking to ‘return to work’. His lawyer, Michael Bill, said his suspension had lapsed after six months.

But the CSA Board issued a statement more than 15 hours later saying the “letter of suspension issued to the Chief Executive Officer explicitly stated that he was suspended until the conclusion of the independent forensic investigation” and that there was no predetermined timeframe attached to his suspension. The Board added that the forensic investigators had indicated their report was “imminent” and “there will be more clarity and certainty provided before the end of June.”

The South African Cricketers’ Association issued a warning earlier this week that CSA’s failure to make progress on Moroe’s disciplinary hearing would seriously erode the small gains in confidence in the organisation that have been painstakingly acquired by acting CEO Faul and director of cricket Graeme Smith, and Andrew Breetzke, the players’ union CEO, said on Friday that CSA’s statement did not alleviate the level of suspicion aimed at the Board.

“We’ve taken note of their intention to complete the disciplinary process with haste and that the forensic report is imminent, but there’s no real comfort that it will all be resolved soon. Thabang Moroe has not even been charged yet and history shows their disciplinary hearings have taken six months to complete from the date the person was charged.

“Given the crisis cricket is facing, we need certainty and CSA are just not creating that at the leadership level. It’s critical that President Nenzani answer the important questions because never before have there been so many crises all at once, and major sponsors Willowton, Standard Bank and Momentum have all said they are very concerned over governance,” Breetzke told Saturday Citizen on Friday.

Breetzke said it was also vital that there was transparency over the forensic investigation’s terms of reference, to allay fears that they were only examining the tip of the iceberg in terms of CSA’s financials.

“It’s a real concern that we don’t understand the terms of reference of the investigation because a lot hangs on that. Nenzani said the whole process would take six months and there is clearly evidence because Moroe was suspended based on the reports of the Social and Ethics and Risk and Audit committees. You would have thought the CSA Board would have dealt with this as a matter of urgency and not in such dribs and drabs.

“This is a systemic issue that runs really deep in CSA, but they are the custodians of cricket, not the owners, so all lovers and stakeholders of the game have a right to know. In terms of the court papers SACA have previously filed, there are lots of incorrect figures and significant negligence regarding the second MSL, plus journalists’ accreditation being revoked, so CSA don’t really have to look much further than that,” Breetzke said.

SA Rugby chief executive Jurie Roux is not subscribing to the views of players and former players from Australasia that the days are numbered for South Africa’s partnership with Sanzaar, but he did acknowledge on Monday that major changes for both SuperRugby and the Rugby Championship were inevitable in a post-Covid world.

New Zealand’s SuperRugby franchises will resume play this weekend in an internal competition, while Australian teams are set to follow a similar route. There has been talk of the two countries setting up a Trans-Tasman competition and increased speculation that South Africa will cast its lot in with the Northern Hemisphere.

“As far as Sanzaar goes, we are busy with negotiations in good faith. I’m not too phased about whatever former players, current players or media have to say in Australia or New Zealand, I’m only interested in the people that sit around the negotiating table and they have a completely different viewpoint. But I always have a Plan B, you need the foresight to plan for the worst-case scenario.

“We are very dependent on the decisions of government and that changes quite regularly. But hopefully next Monday we will hear that we can return to training and then return to play in August. That would be a home-based, truncated version of SuperRugby, followed by the Currie Cup and then moving into more international exposure with the international window now moved to October/November.

“It depends on border restrictions, but there is a biosphere model for our teams to be based in Australia, Argentina or here, with a competition in the Northern Hemisphere being an alternative. The biggest influence on Sanzaar will be if New Zealand and Australia don’t open their borders until April. But it’s very clear that the pool format is not the preferred option, we had to come up with a round-robin in which all the teams play each other and it had to make commercial sense.

“We’ll make a rugby decision and then look at the commercials and logistical challenges like reduced flights and number of business class seats, plus whether teams will have to isolate, which means being in a bio-bubble, or quarantine, which means a month in a hotel room without training, will determine those. But the current format will be too tight in a post-Covid world, which is why we’re looking at different options,” Roux said in a virtual press conference on Monday.

The CEO said that the pandemic had at least provided world rugby with the impetus to move towards a global calendar.

“Covid has enabled us to do what we couldn’t do for 130 years and that’s get a global calendar aligned because all competitions are on hold, agreements have been breached or are being re-negotiated. Basically rugby in the Northern Hemisphere will move from winter to summer. The Rugby Championship will move to the beginning of the year with the Six Nations, SuperRugby will stay at the beginning of the year and international rugby will be in October/November. We’ll probably have that all done by July 1.

“We can’t make a final decision on the Springboks until government opens the borders, but by the end of July we should have a very good idea of their schedule. There are very detailed plans for the Rugby Championship to be held at a single venue. If that doesn’t work out then hopefully we’ll have local inbound tours, otherwise we can go North. Failing that we have some very exciting plans for local competitions,” Roux said.