Ken Borland

Lawyers for various respondents implicated in the Social Justice and Nation-Building Report have stated Cricket South Africa’s board will need to consider “a number of fundamental flaws” in both the process and the findings of ombudsman Dumisa Ntsebeza.

David Becker, the former head of the International Cricket Council’s legal department and the attorney of CSA director of cricket Graeme Smith, issued a statement on Thursday evening on behalf of the lawyers of the respondents, saying there were “concerns about the integrity of the process”.

Smith, through Becker, is going to be fighting the allegations in the report that his appointment as director of cricket was “irregular” and that he was guilty of racial discrimination both in his current position and when he was captain of the Proteas.

“CSA is going to have to consider a number of fundamental flaws in the ombud’s process which have been raised by several respondents,’ Becker said.

“How do you make far-reaching and public findings of racial prejudice … and in the same breath say that they are ‘tentative’ … ? How is CSA expected to implement those findings when the ombudsman has said, by his own admission, that he ‘cannot make definitive findings’ … where the evidence … was not tested.

“Why wasn’t the evidence properly tested? The ombudsman had the opportunity to cross-examine the witnesses … and didn’t take that opportunity,” Becker said.

Ntsebeza was constantly trying to buy himself more time for a process that CSA had already extended from four months to six months, which the organisation said had cost them R7.5 million rather than the budgeted R5 million. And yet Becker criticised the process as still being lacking.

His statement pointed out that certain respondents were not properly informed of the allegations of racism made against them; “if so, this is very serious and the findings against them will ultimately need to be withdrawn,” Becker said.

Significant conflicts of interest were also raised because lawyers Sandile July and Fumisa Ngqele had a dual role of not only advising the ombud but also drafting heads of argument for the complainants. Becker alleged that “over 250 paragraphs of the complainants’ heads of argument have been simply cut and pasted word-for-word directly into the ombudsman’s report”.

Becker also said some of Ntsebeza’s findings were “entirely questionable and without any basis”. He pointed to the finding that Smith’s refusal to work under former CSA CEO Thabang Moroe was evidence of his racial bias as ignoring the fact that the director of cricket has happily worked under acting CEO Pholetsi Moseki and three Black CSA presidents since his appointment.

The SJN Report also largely ignores the 250 pages of evidence submitted by the South African Cricketers’ Association dealing with the allegations against the players’ union.

Becker pointed out that two full days were granted to the four players found guilty in the 2015 matchfixing investigation, with Ntsebeza later describing their evidence as a “red herring”.

There have been a large number of players who have graduated from the Springbok Sevens side into the national 15-a-side team, but only three in the current squad preparing for the British and Irish Lions series. But loose forward Kwagga Smith and backline coach Mzwandile Stick both believe the shortened version of the game provides a great skills foundation for the major format of rugby.

Smith, Cheslin Kolbe and uncapped wing Rosko Specman are the Blitzbokke in the current squad, but there have been 60 players in total who have played for both national rugby teams. That total includes 13 World Cup winners.

“Sevens is a really good basis but you do need to learn quickly when you get to the Springboks. It’s so good to have that base when you are younger and I believe it’s a big advantage. You see someone like Rosko Specman has performed really well in XVs and now he’s doing well here in camp. He has a good mindset and is training hard. We also have Cheslin Kolbe, who is now one of the best wings in the world,” Smith said.

Stick, who has a major focus on the skills and vision of the Springbok team, played 37 events for the Blitzbokke between 2003 and 2010, and is understandably a fan of what those players can bring to the party.

“I’ve got a soft spot when it comes to Sevens players. It’s very good to see the connection between the XVs and Sevens game. You look at someone like Cheslin Kolbe coming through that system and he’s now one of the best rugby players in the world. You look at Rosko Specman and how good he was in Super Rugby.

“It’s actually good to see that the guys from the Sevens system are making it. In the past, it was always a matter of size being the reason they’re sidelined. Gone are those days now and guys are playing with a big heart. You can see how well the likes of Kolbe are really playing the game and it shows that size doesn’t matter,” Stick said recently.

Heinrich Brussow is another of those who progressed from international Sevens rugby to stardom with the Springboks and the way he pounced and swarmed all over the ball the last time the British and Irish Lions were here in 2009, it is no surprise that under the Chinese Zodiac, he was born in the Year of the Tiger (July 1986).

Smith, who played 32 events for the Blitzbokke, is hopeful of doing a similar job.

“I was watching that series in high school in Middelburg and I remember Heinrich did so well, he was one of my role-models, he performed really well in that series. I am going to try and get up to his standards, but remembering that I am my own player and have my own assets,” Smith said.

Blitzbokke who have become 15-a-side Springboks (*= World Cup winner)

Gio Aplon, Chris Badenhorst, Selborne Boome, Gerrie Britz, Warren Britz, Heinrich Brussow, Tonderai Chavhanga, Vlok Cilliers, Jannie Claassens, Bolla Conradie, Juan de Jongh, *Jean de Villiers, Gaffie du Toit, Grant Esterhuizen, Kabamba Floors, *Warrick Gelant, Hendrik Gerber, Joe Gillingham, *Bryan Habana, Cornal Hendricks, Henry Honiball, Francois Hougaard, Adrian Jacobs, Conrad Jantjes, *Andre Joubert, Ryan Kankowski, Deon Kayser, *Cheslin Kolbe, *Ruben Kruger, Ricardo Loubscher, Lionel Mapoe, Jorrie Muller, *Akona Ndungane, Dick Muir, Jongi Nokwe, Sikhumbuzo Notshe, Jacques Olivier, Deon Oosthuyzen, Breyton Paulse, *Andre Pretorius, Jaco Pretorius, Kevin Putt, *Adriaan Richter, Earl Rose, Pieter Rossouw, Brent Russell, *Bob Skinstad, *Kwagga Smith, Phillip Smit, Andre Snyman, Jamba Ulengo, *Joost van der Westhuizen, Joe van Niekerk, Andre Venter, AJ Venter, Jano Vermaak, Luke Watson, Warren Whiteley, *Ashwin Willemse, *Chester Williams.

Zak Burger is the latest in a number of Paarl Gimnasium products that have landed up at Loftus Versfeld, including Handre Pollard, Johan Grobbelaar, Stravino Jacobs and Muller Uys, but the 22-year-old scrumhalf is a bit different in that he has taken a more scenic route into the Bulls team.

Born and bred in the Cape, Burger missed out on SA Schools selection but took up a junior contract with the Sharks. It was a foot in the door at a major union, and he was chosen for the SA U20 squad for the 2018 Junior World Cup, but Burger then gambled by joining Griquas in a move that has turned out to be every bit as audacious as some of his trademark breaks from the back of the ruck or scrum.

“It was a bit of a gamble, but after the Junior World Cup I got the opportunity to play Currie Cup rugby at the age of 19 in Kimberley. So I sat with my Dad and we decided that it was a big privilege to get senior experience at my age, rather than waiting to come through the ranks at the Sharks, through the U21s into senior level.

“It worked out very well. I learnt so much in Kimberley and I ended up as captain, so now I have leadership experience from a young age. Scrumhalf is a crucial position in terms of leadership and it was a big privilege to captain Griquas. I definitely grew and became a better player there,” Burger explained on Wednesday.

In a struggling side, Burger’s vision, reading of the game and all-round ability caught the eye of Bulls coach Jake White, who snapped him up after the Currie Cup. With Ivan van Zyl’s tour of duty at Loftus soon coming to an end, Burger is going to be playing a more and more influential role alongside Embrose Papier, if he does not return to the Springbok squad.

And Burger says he is particularly looking forward to running on to the field on Friday night against the Stormers, the team he supported as a kid.

“I grew up in the Cape and went to school there, so naturally I supported Western Province. My Mom and Dad were big Stormers supporters since I was small. So I know it’s the big North/South derby and every match between the sides is very physical, I can remember Schalk Burger and Bakkies Botha going up against each other.

“I’m looking forward to Friday night, it will be lekker to play the Stormers at Loftus. I definitely don’t have a point to prove though, it’s not a grudge meeting, just another game. At the moment I’m playing for the Bulls so I want to do my best for them in every game. Losing to the Lions was a big disappointment for us, but it was a good wake-up call,” Burger said.

Decision-making is normally brilliant in the offices of SuperSport Park but out on the field at Kingsmead on Friday the Titans made a number of wrong decisions that saw them lose their crucial T20 Challenge match against the Dolphins by seven runs and be eliminated from the playoffs.

Their mistakes started in selection as ace spinner Simon Harmer was left out of the side for seam-bowling all-rounder Grant Thomson. It left the Titans with just one specialist spinner, while the Dolphins’ pairing of Prenelan Subrayen and Keshav Maharaj thoroughly dominated the first half of the Titans innings, conceding just 35 runs in their first seven overs combined.

Thomson did not bowl and batted number seven, and although he hit the first ball of the final over for six, he had little impact on the game. Off-spinner Harmer, who has an economy rate of just 5.13 in his 83 T20 games, may well have been able to deal with left-hander David Miller, who was the key batsman in the Dolphins innings, his 49 not out off 35 balls lifting them to 151 for six.

Sending all-rounder Dayyaan Galiem in at number three did pay off for the Titans as he scored a plucky, unselfish 45 off 39 balls to lift a flagging run-rate that saw only 26 runs scored in the powerplay of six overs.

But when Dean Elgar was dismissed by the impressive Kerwin Mungroo (4-0-29-2), the Titans needed 101 from 60 balls but sent in Sibonelo Makhanya instead of Heinrich Klaasen and Chris Morris, who have shown their finishing ability at international level.

By the time Makhanya was also dismissed by Mungroo, for 15 off 13 balls, the Titans needed 55 from 26 deliveries, the required run-rate having increased to 13.09.

Morris came in next but failed, before Klaasen gave the Titans hope with a courageous 29 not out off 14 balls.

But with 14 runs needed off three balls, the Titans were thrown a lifeline as Ottneil Baartman bowled a head-high delivery way down leg which was called no-ball and went for four byes.

That left the Titans needing nine off three balls, but Klaasen could only hammer the free hit straight to Miller at extra cover. Inexplicably he took the single, leaving tailender Lizaad Williams to score eight off the last two balls.

Williams failed to score as Baartman found the blockhole with the last two deliveries.

The Dolphins had won the toss and batted, and went on the attack from the outset as Sarel Erwee (33 from 20) led them to 62 for one after seven overs.

The Titans attack fought back well, Lungi Ngidi leading the way with an outstanding three for 20, but their batting has not been at its best in this tournament and their demise sees the Warriors play the Imperial Lions in Saturday’s playoff, which will decide who plays the Dolphins in Sunday’s final.