Ken Borland

Cricket South Africa’s Members Council, having studied a summary of the Fundudzi Forensic Report over the weekend, have decided that whatever the governance failings of the Board of Directors were, they are not terrible enough to warrant them stepping aside ahead of the AGM, which has to be held by November 5.

The 14-strong Members Council includes seven members of the Board, an awful structural defect which perhaps made stronger action impossible. Nevertheless, there does seem to be a strong desire for change in CSA’s governance structures and how the Board is constituted. The weekend bosberaad decided that CSA’s Memorandum of Incorporation is to be revised with special attention given to the composition and roles of the Members Council, the Board of Directors and executive management.

But it is the current Board who will be responsible for the implementation of these changes before the AGM.

“The summary of the forensic report was quite comprehensive and covered all the burning issues. Just the litigation-sensitive stuff was kept from us on the advice of legal counsel from Bowmans Gilfillan so as to protect the case they are building against the relevant people. But there was not much in there that should affect the appointment of directors. Not many of the responsible people remain on the Board.

“There are things that could have been done better and some decisions made by the Board were not great. But often they rely on senior management to feed them the information, you trust that information to be correct and then six months later when you discover that it is not, then it’s too late. But I can’t really see why it was kept from the public,” a Members Council delegate told The Citizen on Sunday night.

The Members Council will now have their meeting with Sascoc, who have called for the Board and executive management to stand aside and allow the independent task team they are appointing to conduct an investigation into the affairs of CSA, on Monday evening.

But the practicalities of who would actually be in charge of the operations side of CSA, as well as what is seen as “quite an aggressive overstep by Sascoc”, makes it unlikely that CSA will agree to the Sascoc demand for directors to step aside.

A date for the AGM, originally scheduled for September 5, has not been finalised, but the controversy over the nominations process for new directors was discussed. The process will now be overseen by an interim selection panel comprised of people from both within and outside the game.

The proposed changes to the MOI will all need to be ratified at the AGM.

WorldRugby may have this week opened a window for the Rugby Championship to take place in New Zealand between November 7 and December 12, but the situation is still far from ideal for South African participation. But commercial imperatives dictate that the Springboks simply have to find a way to get over there and play, otherwise SA Rugby will suffer devastating financial losses.

It is the Sanzaar competitions that bring in the bulk of South African rugby’s revenues and with SuperRugby having been scrapped after just half-a-dozen rounds, it is the Rugby Championship that needs to save the broadcast deals through providing some live content.

As SA Rugby CEO Jurie Roux said recently, the Rugby Championship is a very expensive competition to run, but the broadcast revenues are significant enough that the commercial value compels Sanzaar to continue the event. The difference between revenues and expenses is the reason SA Rugby can use the Rugby Championship to cross-subsidise several other competitions.

One of those competitions is the Currie Cup, which used to be an event of industrial proportions in South African rugby, the envy of the world. Sadly SA Rugby has over the years allowed the jewel in their crown, their most valuable property after the Springboks, to fade into relative insignificance.

But the imminent demise of SuperRugby is likely to bring a resurgence in domestic competition and a Currie Cup style tournament this year is going to play a crucial role in the Springboks returning to action; hopefully that local action will continue to be a focus in 2021 and beyond.

Even though playing in Europe seems to be the big prize at the moment, and private equity investors in our franchises are already saying this is essential for them to get a return on their money, hopefully SA Rugby will still put energy and resources into having a strong purely local competition.

In the meantime, the top eight teams in South Africa are going to play a tournament later this year to at least get rugby back on the go locally. Apart from providing some content for SuperSport, who pour millions into the game, those eight teams are also going to play a vital role in getting the Springboks ready for action.

With New Zealand and Australia already back playing rugby for half-a-dozen weeks and South African players realistically only returning to action in mid-September, there have been understandable concerns expressed that the Springboks are going to be on a hiding to nothing if the Rugby Championship is played this year, being so far behind in terms of preparation. There have been angry mutters about their World Cup win being tarnished.

But the reality of the situation is that even if the Springboks are going to disappoint in terms of on-field results, they simply have to return to action and our television screens, it is a financial imperative. And they have played for financial reasons before, most recently when they lost to Wales in Washington in June 2018.

New Springbok coach Jacques Nienaber has said a squad of 45 players are going to have to travel to New Zealand and quarantine before entering their bio-bubble, and there have even been complaints from local coaches that that will decimate their provincial squads. As is often the case in South African rugby, the unions are going to need a reminder that they are there to serve the national cause, any local competition this year is mostly about getting the Springboks ready for action.

Sanzaar CEO Andy Marinos certainly knows the value of the Springbok brand and last weekend he was stressing the importance of them returning to international action before the end of the year. And as we saw at last year’s World Cup, in which they were certainly underdogs, the ability to rise above the obstacles in their path is a great property of the Springboks.

“By no means will the playing field be level, but the Springbok side have a deep, steely resolve, and I know Rassie Erasmus and Jacques Nienaber will optimise whatever time they have to be as competitive as possible,” Marinos said.

Nienaber says the players in the Springbok squad need at least six games beforehand in order to be able to play in the Rugby Championship. They are unlikely to get much more than six matches unless rugby somehow resumes later this month, but at least they will be going to New Zealand feeling fresh.

And there is a large gap between the Rugby Championship kicking off and the end of SuperRugby Aotearoa and SuperRugby Australia. The New Zealand competition ends on August 16, with no final, while the Australian final will be held on September 19. Whoever handles the double-edged sword of rust versus fatigue best will have a large advantage, and I wouldn’t write off the Springboks just yet.

Racial tensions have been laid bare in South African cricket over the last 48 hours with 31 former Black players and five current Black coaches sending a letter to Cricket South Africa urging them to support the Black Lives Matter movement and confront racial divides in the game, while the president of the players’ association, Omphile Ramela, sent a letter to the sports minister asking him to throw the lawbook at the organisation for their lack of transformation.

Cricket South Africa, through their acting CEO Jacques Faul, have already issued a statement saying they stand in solidarity with the Black Lives Matter movement.

Former franchise players have provided a window into their experiences of racial discrimination as well, with their overwhelming narrative being that systemic racism upholds and perpetuates all the past wrongs.

The Titans, perhaps because they have been the most successful franchise, but more probably because Faul and Proteas coach Mark Boucher come from there, have attracted the most attention. Ethy Mbhalati, the leading wicket-taker in Titans history whose career ended in 2015 due to his involvement with matchfixing, said “there is institutionalised racism at Northerns” and “unfortunately when you questioned things, the system kicked you out and we were scared to lose our jobs”.

But Tebogo Siko, the current president of the Northerns Cricket Union and Titans cricket, has been involved in the administration of the franchise for many years.

“I can tell you that the Northerns Board is 70% Black and if the structures were blocking change then I don’t think that would have happened. Of course we are never in a position to say the status quo must stay the same, but the Titans seem to be being attacked left, right and centre based on our achievements. Which include having a Black coach [Mandla Mashimbyi] and assistant coach [Geoff Toyana],” Siko told The Citizen on Wednesday afternoon.

Siko also issued a statement on Wednesday responding directly to Mbhalati’s claims: “We’ve recently come to learn of the experiences of racial discrimination, cultural bias and remuneration bias Mr Mbhalati was faced with. There was never a formal complaint laid by Mr Mbhalati and this makes it difficult for us to deal with such a matter. We can also go on record and say Mr Mbhalati was among the top earners at the franchise towards the end of his career.

“The history of South Africa is a very dark one and we are well aware that remnants of our past live on 26 years later. It is clear that in our society people still battle with the difficulties from pre-1994 and some of these difficulties are experienced even within the game we love. As citizens of South Africa, we understand what we have been through and as a union and franchise we acknowledge that past and where we are currently. With this having been said, it is important that we make it clear that we do not tolerate racism and discrimination of any sort at franchise level, provincial, or anywhere within our pipeline.

“We have never had any complaints of racism in the past or in the present. Players and staff are aware of the processes they need to go through to lay a complaint. Our board has a Transformation and Ethics Committee, which is responsible for dealing with such matters should they arise,” Siko said.

Typical of the nation-building, reconciling force for unity he has always been, former Proteas batting star Hashim Amla made a rare foray on to social media in order to back Lungi Ngidi’s call to support BLM and also state that he stands with all those who are oppressed.

“The Black Lives Matter campaign has relevance for everyone. The person who believes the imagined superiority of Whites over Blacks or Blacks over Whites, or one nationality over another, is simply delusional. Many of us, including myself, have borne the brunt of these delusions and have crazy stories to tell, which is why it makes it even more admirable to see exceptional youngsters like Lungi Ngidi doing his bit to represent us all.

“The end product of being racist is only self-destruction.There are oppressed people here in this country and the world over, of all colours and walks of life, cricket included. However the darker-skinned people have had the worst of it. I stand with all those who are oppressed. And I stand with Lungi Ngidi,” Amla said.

The fact that his previous two-year ban for doping has now been quadrupled to eight years for his next offence is something Chiliboy Ralepelle’s lawyers believe is grounds for an appeal, but the former Springbok hooker’s career is almost certainly over after the South African Institute for Drugs-Free Sport’s independent doping tribunal announced another guilty verdict on Wednesday.

The 33-year-old tested positive for the growth hormone Zeranol while with the Sharks in January 2019. It was his second doping offence after being banned for two years in September 2015 for use of an anabolic steroid, Drostanolone, while recovering from injury in France.

Ralepelle has actually tested positive on three occasions, with his initial brush with the law coming in 2010 when he and wing Bjorn Basson were found to have the banned stimulant methylhexaneamine in their systems after the Springboks had played Ireland in Dublin on an end-of-year tour. But they were only given a reprimand when a judicial hearing found that it was not their fault because it came from a tainted supplement provided by the South African Rugby Union.

So it seems Ralepelle’s legal team are set to argue that it is only his second doping offence.

“We have concluded that there are definitely grounds for appeal, but we are creatures of instruction and we will take those instructions from Ralepelle on how he wants to proceed. We are preparing an opinion for Ralepelle on whether, solely from a legal perspective, he should appeal.

“There is one example: Chiliboy was previously banned for two years and the WADA laws say that the second offence must be double the standard for the first offence. In that respect, from our legal view, from a two-year previous ban, it should have been a four-year ban at best and not an eight-year ban. But we are still considering the contents of the judgement,” legal representative Hendrik Hugo told ENCA on Wednesday.

A four-year ban for a second offence involving serious drugs would appear to be a light punishment, however, given that some first-time offenders, such as Welshman Owen Morgan in 2017, have been given four-year sentences.

Springbok wing Aphiwe Dyantyi is facing a four-year ban himself after testing positive for three different steroids last year. According to SAIDS, a virtual hearing to the 25-year-old’s case should be held in the next two months.

At the other end of the spectrum, former Swansea hooker Dean Colclough was banned for eight years in 2014 for possessing and distributing steroids.