Ken Borland

With the disciplinary hearing just a week away, Cricket South Africa’s legal team may have to mull a completely different strategy to try and get rid of Proteas head coach Mark Boucher following Paul Adams’ decision to not testify against his erstwhile team-mate and the likelihood that former national team assistant coach Enoch Nkwe is also not going to participate.

Adams issued a statement at the weekend in which he said he was not willing to be cross-examined over the allegations of racism he made at the Social Justice and Nation-Building hearings, which have been a central pillar of CSA’s case against Boucher.

CSA have also charged Boucher over his treatment of Nkwe, who resigned from his post in August last year, using the reasons he gave to the board as ammunition. But informed sources say Nkwe is not willing to present evidence, believing the disciplinary hearing is a matter between CSA and the head coach.

Boucher is facing charges of gross misconduct, with CSA seeking his dismissal, and, in terms of labour law, he has the right to have any witnesses against him cross-examined. If neither Adams nor Nkwe are there, his lawyers are bound to insist their statements cannot be included in the hearing.

Even though his accusers’ case would now seem to have gone to pot in a dirty pickle-jar bong, Boucher’s legal team say nothing has changed from their point of view.

“Mark Boucher said up front that all he was interested in was clearing his name, which has been tarnished,” Mohammed Chavoos told The Citizen on Monday.

“He welcomed the opportunity to do that at the hearing and that still remains the case. Our position has never changed.

“It’s up to CSA to deal with their witnesses, they were the ones who embarked on this process. All we want to do is exonerate Mark.

“It’s why labour law is there, the principle of letting the other side be heard, that’s what’s important. Mark has welcomed the chance to clear his name of these allegations,” Chavoos said.

In his statement at the weekend, Adams said he never intended to single out Boucher in the SJN hearings, where he revealed the existence of the “Brown Shit” fines meeting song, but the former Proteas spinner did say the wicketkeeper/batsman “should come and say sorry, if that’s enough” and also targeted Boucher’s appointment as Titans coach in 2016.

“We want to put South African cricket first and take the Proteas back to number one. In my view, Mark Boucher is the best coach for South Africa, that’s where he belongs,” Chavoos added.

Boucher’s disciplinary hearing on charges of racism is scheduled for May 16-20, with senior counsel Terry Motau presiding.

The SJN report has already been partially discredited by former director of cricket Graeme Smith winning his arbitration hearing, with costs, against CSA.

As head coach and one of the chief setters of goals for the Bulls, Jake White said he was content with their two successive United Rugby Championship wins over the Lions, although he felt they missed a golden opportunity for another bonus point in their 21-13 win at Loftus Versfeld at the weekend.

After a torrid first quarter, the Bulls look set to repeat their 34-10 triumph at Ellis Park a week ago when they stormed into a 21-6 lead after 49 minutes. But mistakes and a creaking scrum continued to plague their performance and they failed to add to their score as the gutsy Lions fought their way back into the game.

“I said to the players that if I had been offered nine points in two matches against the Lions in two weeks then I would have taken that based on where we were,” White said.

“We had to find a way to jump up the log. But we had enough chances to get the bonus point again, but we just couldn’t score again. Which was not ideal because we had set it up nicely.

“But the rain came when we had gone from 6-0 down to 21-6 up, which meant we went 21-0 in the middle block of the game, so you can’t be too upset, we were doing something right.

“I’m not satisfied that we didn’t get the bonus point, but we also can’t be arrogant. Two weeks ago we were under pressure and now we have nine more points against a Lions side that beat the Stormers in the Cape,” White pointed out.

The former Springbok coach also said that the Lions were adept at using the black arts to further frustrate his side.

“The Lions did a very good job of making the game as scrappy as possible, they were off their feet, not rolling away, hands in. And it worked because they got close to getting the result,” White said.

“But we are going to play games like this again, when the referee’s interpretations are different, and you’ve got to find ways to win when you’re under the pump.

“You’ve got to be good enough to adapt to whatever happens. And so many things happened. We just want consistency, but the same situations are being seen differently. There’s no common sense.

“But we have to be good enough to take the referee out of the equation,” White said.

Proteas captain Dean Elgar did not throw his toys out of the pram but he left no doubt as to his displeasure at continually being asked questions about head coach Mark Boucher’s disciplinary hearing during his press conference on Wednesday a few hours before the team’s departure to New Zealand to take on the world Test champions.

Cricket South Africa confirmed on Tuesday night that Boucher’s disciplinary hearing to answer charges of racism has been postponed to May 16-20. This is because the national coach wants players to testify on his behalf and he does not want this to be a disruption between the New Zealand tour, the hosting of Bangladesh in March and the IPL beginning on March 27.

Elgar said on Wednesday that he did not know anything more than what was stated in CSA’s media release.

“I know this is all extremely relevant, but we’ve achieved so much as a team that just gets squashed by the headlines in the media,” Elgar complained. “I don’t mind speak about these external things, but 60% of the questions today have not been about New Zealand.

“It takes away from everything we have achieved as a group. I don’t think we have much control over the process as players, and obviously you have to undertake whatever you need to do to clear your name.

“I always thought that it might come to players testifying, so be it, it’s a natural process. I’m sure our players’ representative body [SACA] will come into play and will guide us.

“We still support our head coach, we know how much value he adds to us and he is a massive part of the group,” Elgar said.

But the left-handed opener was more concerned with how little leeway the Proteas have when they arrive in New Zealand for what is a two-Test shootout.

“It will all be extremely unfamiliar in Christchurch, it’s pretty new for me,” Elgar, who has toured New Zealand just once, said. “We’ve had great wins over the West Indies and India, but we know this series will be tough.

“It’s just a two-Test series so we have got to start well, which is what we’ve struggled with in the past. And their record is pretty good in Christchurch, their seamers have really cashed in.

“We know we’re going to have to be at our best when we get there. We have to start with a clean slate. The series wins over India were brilliant, but we need to press the reset button.

“We need to hit the ground running against a seriously good, proper side. They’re up there with the best, which is why they won the World Test Championship. And it’s in their backyard, where they are extremely street-smart,” Elgar added.

The captain expressed his disappointment that Keegan Petersen, the man of the series in the remarkable win over India, will not be able to build on those performances because he has tested positive for Covid.

“It’s another curve ball for us to deal with, which we’ve become pretty good at as a team,” Elgar said. “He’s very unfortunate to miss out and I would have loved to have seen him build on the India series.”

The Proteas may be performing at a renewed level of excellence at the moment, but Cricket South Africa continue to come hard at head coach Mark Boucher, who has now been formally charged with “gross misconduct” over the allegations of racism made against him by the Social Justice and Nation-Building report.

In what one CSA insider described as “an aggressive attack” on Boucher, the record-breaking wicketkeeper/batsman was served with charges under the organisation’s disciplinary code the day before the ODI series against India began.

Having pulled off an improbable 2-1 win in the Test series against India after losing the first match, the Proteas then registered an impressive victory in the first ODI in Paarl in midweek.

But the CSA Board’s antagonistic attitude towards their own national team and management was shown when they failed to send out any form of congratulatory message to the captain, players or coaching staff for beating the then No.1 side in Test cricket. CSA have made a habit in recent years of sending out congratulatory statements for even minor triumphs.

The SJN report accused Boucher of discrimination and using racial slurs relating to Paul Adams’ complaint of the Proteas team using a song referring to him as “a brown shit in the ring” during their fines meetings back in the late 1990s.

CSA on Thursday afternoon confirmed that Advocate Terry Motau (SC) would chair the disciplinary hearing, with the parties meeting on January 26 to determine a timetable for proceedings.

Legal sources have suggested that CSA’s already depleted kitty could be emptied even further if they try to use the SJN report to dismiss either Boucher or director of cricket Graeme Smith. Informed sources have indicated enquiries are still being made into whether Smith should also be charged, but that matter is complicated by the fact that the former Proteas captain is technically an independent contractor.

Lawyers representing several respondents implicated in the report have labelled it as “flawed” and have pointed out that the ombudsman, Advocate Dumisa Ntsebeza, admitted himself that his findings were “tentative” and that he could not make “definitive findings” based on “untested evidence”.

The impartiality of the lawyers involved has also been called into question because 260 paragraphs of the final report were merely copied-and-pasted directly from the complainants’ submissions.

The fact that such a significant accusation as racism has now been publicly made against Boucher and Smith is bound to lead to major legal challenges.

“They are not going to go quietly, they’re not just fighting for their jobs but also to clear their names,” a source close to both former Proteas stars said.