Ken Borland

An independent arbitration panel, while criticising the process as being far from perfect, has found Cricket South Africa’s now former director of cricket Graeme Smith was not guilty of any unfair racial discrimination in his appointment of Mark Boucher as Proteas coach ahead of Enoch Nkwe.

CSA, acting on the “tentative” findings of their Social Justice and Nation-Building Report, alleged that Smith had shown racial bias against Nkwe, who was the interim coach of the Proteas when the former national captain took over as director of cricket in December 2019.

But the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, cleared Smith of any racism and instructed CSA to pay his costs for the entire arbitration.

Smith explained his rationale for choosing Boucher in the hearing, starting with his impression of the Proteas team under Nkwe and captain Faf du Plessis on their disastrous tour of India in 2019, for which he was one of the TV commentators.

Smith described the Proteas as being “rudderless”, their performance was “way off par” and there was “quite a lot of onfield infighting between the players”. He told the arbitrators that his view on the coaching situation might have been different if the Proteas were a more experienced team with a captain that was going to be around for the next 10 years.

“I felt that I needed a character that could handle … an extremely high pressurised position, you are at the cold [sic] face of the world media, the … crowds. … I felt the team at the time needed someone that had extensive … experience in dealing with conditions, with the pressures that come with the international game. I knew that this team was going to lose extensively up front, it was going to take time to build it,” Smith told the hearing.

The arbitrators found that Smith made it clear to CSA that Boucher would be his appointment as the new coach, there was no objection from CSA and no suggestion from them that this was unfair to Nkwe. The then chairman of the board, Chris Nenzani, told Smith that he had the authority to appoint coaches and CSA never insisted on proper processes.

There was also a time factor because Smith could only make the appointments on December 11, 2019 after he was appointed director of cricket, and the Test series against England began on December 26, with the Proteas needing to assemble 8-10 days before that.

The arbitrators found that the CSA directive was for long-term appointments, not interim ones, and that it was their “inaction and delays that put Smith under pressure”.

CSA’s assertion that Boucher should never have been appointed national coach because he does not have a Level 4 coaching certificate, while Nkwe does, was left standing nude in front of the arbitrators when it was pointed out that CSA were happy to appoint both Gary Kirsten and Ottis Gibson as Proteas head coach when neither of them had a Level 4 qualification.

The independent arbitration panel that cleared Graeme Smith of racism allegations found that Thami Tsolekile was not selected to replace Mark Boucher in 2012 for cricketing reasons, saying the wicketkeeper/batsman himself accepted that AB de Villiers being chosen ahead of him was better for the team.

Tsolekile testified at the arbitration in support of Cricket South Africa’s claim that Smith had used his influence as captain to persuade the selectors not to include Tsolekile based on his race, after Boucher suffered the eye injury that ended his career.

But while finding that Smith, the Proteas longest-serving and most successful Test captain, did have an influence on selection, the arbitrators, advocates Ngwako Maenetje SC and Michael Bishop, ruled that he did not actively seek to exclude Tsolekile because of his race. Instead they found “it is more likely that Smith just wanted his team to win”.

Andrew Hudson, the convenor of selectors at the time and current CSA Board member, and Linda Zondi, who was also a selector before succeeding Hudson as the convenor, gave evidence that De Villiers had been selected for the tour to England in 2012 as the reserve wicketkeeper and both the selectors and coach Gary Kirsten agreed that De Villiers replacing Boucher behind the stumps would allow them to play an extra specialist batsman in JP Duminy, himself Black.

Smith was consulted about the decision and agreed with the strategy.

In Paragraph 90 of their findings, the arbitrators state: “Tsolekile … agreed with the proposition that this was ‘a strategy that will make complete sense and was something which played very strongly in favour of the Proteas cricket team’. He accepted that there were ‘very good cricketing reasons to prefer AB de Villiers to yourself for the position in the Test starting XI’.”

CSA then tried to change their argument and alleged Smith was guilty of discrimination by omission because he had an obligation to speak out on behalf of Tsolekile because the wicketkeeper/batsman was previously disadvantaged.

But the arbitrators found this change of tack was prejudicial to Smith, describing it as “a trap sprung on him” and they also criticised CSA for making submissions that were inconsistent with the facts.

The arbitrators did have sympathy for Tsolekile, describing his non-selection as “unfair” and his subsequent involvement in a matchfixing scandal as only “exacerbating the tragedy” of his story of adversity.

The way things are going in South African cricket, CSA are soon going to have to appoint a lawyer to sit on the national selection panel just to make sure nobody’s rights have been unfairly prejudiced by not being chosen.

In the good old days, all that mattered was runs and wickets and the balance of the team – referring to having gritty batsmen capable of looking after the new ball, some strokeplayers in the middle-order, an all-rounder or two, and a bowling attack suited to the conditions.

But nowadays, being deserving of a place seems to mean you are entitled to be chosen. Never mind that the selectors can only field 11 players at a time and there are, of course, no substitutions in cricket, unless someone gets concussed.

Selection is a thankless task because you can never please everybody. And even 15 years after the fact, your selections can still be dissected and slammed, as we have seen in the SJN Hearings.

The squad selected to play in next month’s T20 World Cup caused uproar over two main areas – the sudden dropping of George Linde and the continued absence of Faf du Plessis, Imran Tahir and Chris Morris.

I do believe Linde’s omission was the wrong call, but Victor Mpitsang and his panel are spot-on when it comes to Du Plessis, Tahir and Morris.

Morris is the easiest to deal with because the selectors have been told by the all-rounder’s people that he is not available for international cricket. Despite his tendency to tell the media all about the lack of contact he has had from Cricket South Africa. And, in case you were wondering, AB de Villiers has also officially made his retirement from the Proteas final.

Du Plessis and Tahir are trickier because they are still very much available for the Proteas, provided the finances around a short-term deal for free agents are to their liking. And both have been performing well, Du Plessis playing a couple of standout innings in the recently-completed Caribbean Premier League and Tahir had a successful campaign in the same competition.

The former Proteas captain struggled at the start of that tournament though after a long layoff caused by a serious concussion and then missed the last few games with a groin injury.

It is true that the current South African batting line-up is lacking experience, but they have been together now for this year and are ever-improving. Having Du Plessis in the XI would almost certainly mean leaving out Rassie van der Dussen, who averages 36 in T20 Internationals at a strike-rate of 134, figures which are remarkably similar to Faf’s – average 35, strike-rate 134.

Both he and Tahir have been true heroes for the Proteas, but we need to accept that the time to move on has come. The 42-year-old Tahir has a ready-made replacement in fellow wrist-spinner Tabraiz Shamsi, who for some time now has been the number one ranked bowler in T20 Internationals. And playing them both is not a realistic option because it would make an already long tail even longer.

I also find it infuriating when people rave about performances in T20 leagues and give them the same status as international cricket. These ‘mercenary’ leagues are domestic competitions and are not of international standard, simply because all of them have rules forcing the selection of a majority of local players. Even the IPL, which comes closest to bridging the gap, is still a franchise tournament.

But there is so much anger aimed at the Proteas these days that I have no doubt that if the trio of veterans had been selected, then there would have been an outcry over choosing old cricketers who have not been part of the team for the whole year.

Of course, the controversy has also been used by those whose rage is always directed at Graeme Smith and Mark Boucher to rant about their supposed shortcomings and unfair treatment of players.

At some stage we have to move on from the past and the Proteas are heading into this T20 World Cup in far better shape than I think most people expected.