Ken Borland

The postponement of Cricket South Africa’s hearings for their Social Justice and Nation-Building project offers the ombudsman, Advocate Dumisa Ntsebeza, the opportunity to sort out the procedural problems that would have occurred if public hearings had gone ahead as scheduled on Monday.

CSA announced at 10pm on Sunday night that the opening day of proceedings had been postponed to ensure a fair and transparent process for all who are involved. “It has become clear that there needs to be clarity regarding the process of any public hearings. Failure to do so may compromise the legitimacy of any process embarked upon. My office will therefore be taking legal counsel as regards a proper process for any such hearings. I therefore welcome the postponement to ensure such procedural fairness,” Ntsebeza said in a statement.

Chief among the procedural problems that need to be sorted out is that it is believed the terms of reference for SJN say any hearings need to be private and confidential. But Ntsebeza wants public hearings and has reportedly even tried to get the SABC to broadcast them.

Public hearings could create other major problems for Ntsebeza and CSA because if any participant makes libellous allegations, it would open the organisation to legal action. There is apparently no scope for cross-examination in the terms of reference.

Former players like Ethy Mbhalati and Thami Tsolekile, both of whom are currently banned for their involvement in matchfixing, last year made public utterances alleging racism in cricket, but when there were shown to be holes in their testimony, they failed to back their allegations up with any evidence. They also tried in vain to reopen their matchfixing cases.

Some of the targets of accusations of anti-transformation bias have expressed concerns that SJN public hearings could become a free-for-all, where untested allegations are made, resulting in a form of mob justice.

Cricket South Africa’s Social Justice and Nation-Building Commission is only going to have six months to do its work, but the organisation is going to ensure the ombudsman, Advocate Dumisa Ntsebeza, has all the resources required to complete his mandate.

“It is a very limited period – six months – so there is a sense of urgency to investigate and adjudicate all the submissions received, which by-and-large will deal with unfair discrimination. I will try and keep a tight rein, strict adherence to the program, but I must warn the public that sometimes these inquiries take on a life of their own. Hopefully we will not need an extension of time.

“I initially felt I needed three years, but after useful discussions with the Interim Board of CSA, I am now in respectful agreement, I am convinced, that it is doable in six months, but very difficult. There is never enough time for any commission dealing with the legacy of history, but there has to be a set time for making decisions so that you are focused. Yes, I wish there was more time, but I will do the job,” Ntsebeza, who sat on the Truth and Reconciliation Commission, told a virtual conference on Thursday.

“It maybe felt like forever in getting SJN up and running, but there has been a lot of work going on in the background. CSA had to make sure we were totally ready to support Advocate Ntsebeza operationally and we have already set up facilities for him and his support staff. We don’t want this to be a tick-box exercise, so sufficient resources have definitely been made available to make sure he can deliver his mandate,” CSA acting chief executive Pholetsi Moseki said.

Ntsebezi admitted that he could not control CSA’s reaction to his recommendations, but he was confident they will implement the transformation imperatives he tables.

“There is no provision in my terms of reference or any statute that forces them to implement my recommendations; they remain recommendations. But I don’t think CSA would have taken the opportunity to embark on this project, they would not have made the appointment in the first place, if they were not serious. But there are no guarantees.

“I have no magic wand and I don’t have the mandate to use a big stick on CSA. But if they don’t implement then it will be time spent in vain. In my discussions with the Interim Board, I got a sense of commitment and an appetite to see this through, otherwise I would not have taken the job. I would hope that those tasked with implementing my recommendations will rise to the occasion,” Ntsebeza said.