Ken Borland

Graeme Smith may have only been 22 years old when he was appointed as national captain in 2003, but democracy in this country was only nine years old then and the Proteas were a bit of a mess, so in many ways he was the big, older brother South African cricket desperately needed.

As a brash young man still trying to make his way in international cricket, Smith was probably only fully aware of the culture problems within the team after a few years. After the disappointment of the 2007 World Cup in the Caribbean, Smith set about fixing the Proteas, alongside manager Mohammed Moosajee, who was appointed in 2008, and the input of life coaches like Paddy Upton and Jeremy Snape.

Protea Fire and a far more inclusive culture were born, one which acknowledged that they were representing a country which had a divided past. Honesty and Ubuntu were required, they were playing for more than just themselves.

The result was a much happier team and it showed in performance as they became the No.1 side in the world.

When Smith retired in 2014 he hoped the Protea Fire legacy would live on. How sad it must have been for him that, just five years later, the Proteas were in rack and ruin. Typical of the leader he is, Smith agreed to try and restore South African cricket to former glories by becoming Director of Cricket at the end of 2019.

But worse was to follow as the very people who had pushed Cricket South Africa to the precipice then spearheaded a campaign against Smith. It culminated in the Social Justice and Nation-Building hearings, where it seemed as many vile untruths were spoken as there were painful reminders of a shameful past.

The totally inadequate work of Advocate Dumisa Ntsebeza was finally undone this week when Smith was cleared of all charges of racism by an independent arbitration hearing. CSA gave notice of their defeat – with costs – at 9pm on a Sunday night and board chairman Lawson Naidoo issued a statement that said it was now “appropriate to recognise the extraordinary contribution that Graeme has made to South African cricket”. It was almost as if the history we know we lived through as Proteas fans was now officially approved.

Unfortunately, there is lasting damage – one only has to see on social media the bitter divisionists refusing to accept the arbitrators’ findings – and Naidoo’s closing comment – “we very much hope that he will still work in the cricket world in appropriate capacities going forward” – hints at the fact that Smith’s expertise as the most experienced captain in Test history is now probably lost to South African cricket and will be snapped up by some other country.

If it’s not bad enough losing so much talent and I.P. to overseas teams thanks to the exchange rate, we are also actively chasing away people who could contribute so much good to our sport.

Head coach Mark Boucher’s disciplinary hearing is still to come and the outcome of Smith’s arbitration suggests there is still hope that the ‘tentative’ and unproven but damning allegations made by the SJN will receive the proper, unbiased and legally sound treatment they deserve.

A new Director of Cricket is also still to be appointed, with Enoch Nkwe probably still the favourite to succeed Smith.

Having to appoint a new head coach for tough tours of India, England and Australia as his first task would not make his life any easier, but then again the good of the Proteas, who bring in 80% of CSA’s income, is way down the list of priorities of those who have grudges to settle.

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 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.

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.