Ken Borland

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.

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.

The Social Justice and Nation-Building Report released on Wednesday not only claims the appointments of CSA director of cricket Graeme Smith and Proteas head coach Mark Boucher were irregular but also alludes to “racial discrimination” on their behalves.

Despite these highly-damaging accusations, Advocate Dumisa Ntsebeza’s report concludes with admissions that “it cannot make definite findings”, “there was no process in place for testing the submissions” and that his recommendations and findings are “merely tentative”.

Smith’s appointment as Director of Cricket in December 2019 was labelled as “flawed” because South Africa’s most successful captain was headhunted for the position, a common practice in the corporate world. He was initially approached by former CEO Thabang Moroe, who was soon after dismissed by CSA for numerous incidents of maladministration, but still had the gall to criticise Smith’s appointment at the SJN.

The fact that Smith did not want to work under Moroe or former Board president Chris Nenzani, both of whom have left their posts under a cloud, was described as “racial bias against Black management”. The report makes no mention of the fact that Smith has continued to work under Black African Acting CEO Pholetsi Moseki and generic Black board president Lawson Naidoo since then with no issues.

Smith’s subsequent appointment of “his friend” Boucher as head coach was also stated to be an example of “unfair discirimination” based on race, because he was chosen ahead of Enoch Nkwe, who was the interim head coach.

The report lists Boucher’s five franchise trophies in three seasons as coach of the Titans, but then compares them, as equivalents, with two second-tier titles in the Netherlands, a Cubs Week triumph, three amateur cups with the Gauteng Strikers and three franchise titles won by Nkwe. No mention is made of South Africa’s three heavy defeats under Nkwe in India on their previous assignment.

Despite Boucher’s immense international playing experience, it concludes that the record-breaking wicketkeeper/batsman was appointed due to the colour of his skin.

Ex Proteas bowler and KZN Coastal coach Roger Telemachus, who has never led a franchise team, was also ruled to have been discriminated against.

The relatively new board will now have to extricate themselves from a dangerous situation in terms of legal liability, with an initiative set up by the previous board making serious allegations which have already attracted the interest of several affected parties’ lawyers.

Numerous people found to have engaged in racist conduct by the report are believed to have received no notice that they had been implicated, and at least one leading lawyer has sent a 17-page e-mail to the CSA Board warning that the report is seriously flawed in legal terms.

For now, the CSA directors are Out of Office, but they will have to grapple with the SJN issue in the new year.

One will not often find a young head coach who would not feel threatened by bringing in assistants who are more experienced or better-known than himself, but it speaks volumes for the confidence and character of Central Gauteng Lions mentor Wandile Gwavu that he has fully embraced having JP Duminy and Piet Botha as his batting and bowling coaches.

Duminy played 46 Tests, 199 ODIs and 81 T20s for South Africa, so he has a wealth of knowledge to offer the Lions batsmen, while Botha is vastly experienced in his own right as a coach and is highly-rated when it comes to helping the bowlers. Gwavu said it is not just the players who will be learning from his assistants.

“It’s a superstar coaching staff with JP, Piet and Prasanna Agoram as our analyst. It’s not only going to be great for the players but also for the growth of the head coach, I’m keen to take the learnings on and it will make me better as well. I know I lack international playing experience and the way JP speaks about cricket, I know we totally share the same philosophies.

“I’ve played under Piet Botha, we have a very strong relationship and I rate him as one of the best bowling coaches around. He’s very good with youngsters and Sisanda Magala, Lutho Sipamla and Anrich Nortje have all come through under his watch. And Prasanna is one of the best, if not the best, analysts, so we have world-class people in our camp,” the 34-year-old Gwavu said on Tuesday.

That the Lions have secured the services of Duminy, one of the Western Cape’s favourite sons, is due to the initiative of CEO Jono Leaf-Wright. The team will certainly benefit from one of the deepest thinkers in the game.

“It was an opportunity I didn’t really think of until I had a conversation with Jono during an ODI I was commentating on against Pakistan here. And then when I heard him speak at a coach’s forum I knew I was in,  you can just sense the trust and integrity. I certainly believe I can contribute. It’s mostly about having conversations about game-plans and driving certain mindsets.

“It’s about talking through their processes with the players, but it’s also about the coaches in Gauteng and telling them what happens at the top level. I don’t have all the answers, but hopefully I can ask good questions and it’s about empowering, encouraging and uplifting the batsmen. It all starts with mindset and trying to throw the first punch. It will be a learning experience for me too,” Duminy said at the Wanderers on Tuesday.