Ken Borland

The independent arbitration panel that cleared Graeme Smith of racism allegations found that Thami Tsolekile was not selected to replace Mark Boucher in 2012 for cricketing reasons, saying the wicketkeeper/batsman himself accepted that AB de Villiers being chosen ahead of him was better for the team.

Tsolekile testified at the arbitration in support of Cricket South Africa’s claim that Smith had used his influence as captain to persuade the selectors not to include Tsolekile based on his race, after Boucher suffered the eye injury that ended his career.

But while finding that Smith, the Proteas longest-serving and most successful Test captain, did have an influence on selection, the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, ruled that he did not actively seek to exclude Tsolekile because of his race. Instead they found “it is more likely that Smith just wanted his team to win”.

Andrew Hudson, the convenor of selectors at the time and current CSA Board member, and Linda Zondi, who was also a selector before succeeding Hudson as the convenor, gave evidence that De Villiers had been selected for the tour to England in 2012 as the reserve wicketkeeper and both the selectors and coach Gary Kirsten agreed that De Villiers replacing Boucher behind the stumps would allow them to play an extra specialist batsman in JP Duminy, himself Black.

Smith was consulted about the decision and agreed with the strategy.

In Paragraph 90 of their findings, the arbitrators state: “Tsolekile … agreed with the proposition that this was ‘a strategy that will make complete sense and was something which played very strongly in favour of the Proteas cricket team’. He accepted that there were ‘very good cricketing reasons to prefer AB de Villiers to yourself for the position in the Test starting XI’.”

CSA then tried to change their argument and alleged Smith was guilty of discrimination by omission because he had an obligation to speak out on behalf of Tsolekile because the wicketkeeper/batsman was previously disadvantaged.

But the arbitrators found this change of tack was prejudicial to Smith, describing it as “a trap sprung on him” and they also criticised CSA for making submissions that were inconsistent with the facts.

The arbitrators did have sympathy for Tsolekile, describing his non-selection as “unfair” and his subsequent involvement in a matchfixing scandal as only “exacerbating the tragedy” of his story of adversity.

Birdwatchers will tell you that a minor claim to fame of Gqeberha is that all four species of South African Bunting can be found in the area, and they stick around all year long too.

But while South Africa’s top-order batsmen were bunting the ball around St George’s Park on Friday, none of them were able to stay at the crease long enough to get past 70, which was the score made by captain and opening batsman Dean Elgar.

Keegan Petersen (64) and Temba Bavuma (67) both batted with impressive class as well, and Ryan Rickelton made his way to 42 before falling to a reverse-sweep.

It all amounted to a total of 278 for five after the Proteas had won the toss and elected to bat under heavily overcast skies on a greenish pitch.

And Petersen said he still feels South Africa are ahead after the first day of the second Test against Bangladesh.

“I think it’s a decent score, although losing those two late wickets has levelled things out a bit. But I think we are still a bit ahead of the game.

“It would have been nice to just be three down because then we would really have been in the driving seat.

“We did well, it was a tricky pitch with a bit in it for the seamers, but we dealt with it well. But hundreds are just eluding us, but it’s not for the want of trying.

“Hundreds would put us in even better positions, while making fifties and getting out kind of balances things out. With hundreds you really get ahead in the game,” Petersen said.

One aspect of the South African batting that is working well is the new opening partnership between Elgar and Sarel Erwee, who may have only scored 24 on Friday, but that ensured a solid start with his 52-run stand with his skipper.

Elgar is enjoying a tremendous series with half-centuries in every innings, and that has lifted him into second place on South Africa’s all-time run-scoring list against Bangladesh. The left-hander has 606 runs in eight innings at an average of 86.57, and has overtaken Hashim Amla (602 @ 66.88), with just Graeme Smith (743 @ 82.55) ahead of him.

Arguably more impressively, Elgar is now the leading run-scorer in all Tests at the historic St George’s Park ground, going to 641 in 14 innings at 49.30, overtaking Jacques Kallis (617 @ 36.29) and AB de Villiers (591 @ 49.25).

“Dean obviously leads from the front and has been extremely consistent,” Petersen said. “He’s leading properly with this young team.

“He’s a hard leader and he expects us to be at our best all the time. We just try and follow him.”

George Linde has obviously found married life to be to his liking as he led Western Province to victory over the Boland Rocks with a fine display with both bat and ball on the opening day of the CSA T20 Challenge at St George’s Park on Monday.

Linde, who pulled out of the Proteas tour to New Zealand due to his wedding last weekend, was outstanding with the ball as he took 2/13 in four overs as Boland were restricted to 142/6 after electing to bat first.

They got that far thanks to a partnership of 79 between Christiaan Jonker (46) and Ferisco Adams (34), both of whom were dismissed in the space of three balls by the orthodox left-armer.

Fellow spinner Junaid Dawood (4-0-20-1) and left-arm seamer Beuran Hendricks (4-0-28-2) were also impressive for Western Province.

The Western Province chase was given a superb start by returning opening batsman Richard Levi, who slammed 67 off 39 balls, despite another former international, fast bowler Hardus Viljoen, taking 3/16 in three overs.

But Levi was dismissed in the 13^th over with 42 runs required, giving Boland a chance of getting back in the game.

But Linde then scored 20 not out and, with Aviwe Mgijima (26*) steered Western Province home with three overs to spare.

The Northerns Titans, with Quinton de Kock, Heinrich Klaasen and Theunis de Bruyn providing plenty of batting power, and spinners Tabraiz Shamsi and Aaron Phangiso dominating the middle overs, have been installed as one of the favourites for the competition.

But they were beaten by 8 runs by the Eastern Province Warriors as their batting failed to fire and poor bowling with the new ball and in the closing overs undid their good work in the middle.

Sent in to bat, Matthew Breetzke (36 off 21) and Wihan Lubbe raced to 65 inside the first seven overs.

The Northerns spinners, led by slow left-armer Phangiso’s 1/24 in four overs, then fought back, but Lubbe batted through to the 17^th over for his well-controlled 56 off 46 balls and Tristan Stubbs provided a matchwinning boost by lashing an outstanding 51 off 27 deliveries to take EP to 163/8.

Lizaad Williams dismissed them both to finish with 2/29 in his four overs.

Lubbe then claimed the key wicket of De Kock for a two-ball duck in the opening over and Gihahn Cloete (23), De Bruyn (17) and Klaasen (20) were all unable to build on starts.

The talented Donovan Ferreira belted 60 not out off 40 balls but did not have enough support as Northerns closed on 155/8.

Lubbe took 2/15 in two overs, but the best Warriors bowler was the experienced Jon-Jon Smuts, who conceded just 12 runs in his four overs and claimed the key wicket of Klaasen.

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.