Ken Borland

With the disciplinary hearing just a week away, Cricket South Africa’s legal team may have to mull a completely different strategy to try and get rid of Proteas head coach Mark Boucher following Paul Adams’ decision to not testify against his erstwhile team-mate and the likelihood that former national team assistant coach Enoch Nkwe is also not going to participate.

Adams issued a statement at the weekend in which he said he was not willing to be cross-examined over the allegations of racism he made at the Social Justice and Nation-Building hearings, which have been a central pillar of CSA’s case against Boucher.

CSA have also charged Boucher over his treatment of Nkwe, who resigned from his post in August last year, using the reasons he gave to the board as ammunition. But informed sources say Nkwe is not willing to present evidence, believing the disciplinary hearing is a matter between CSA and the head coach.

Boucher is facing charges of gross misconduct, with CSA seeking his dismissal, and, in terms of labour law, he has the right to have any witnesses against him cross-examined. If neither Adams nor Nkwe are there, his lawyers are bound to insist their statements cannot be included in the hearing.

Even though his accusers’ case would now seem to have gone to pot in a dirty pickle-jar bong, Boucher’s legal team say nothing has changed from their point of view.

“Mark Boucher said up front that all he was interested in was clearing his name, which has been tarnished,” Mohammed Chavoos told The Citizen on Monday.

“He welcomed the opportunity to do that at the hearing and that still remains the case. Our position has never changed.

“It’s up to CSA to deal with their witnesses, they were the ones who embarked on this process. All we want to do is exonerate Mark.

“It’s why labour law is there, the principle of letting the other side be heard, that’s what’s important. Mark has welcomed the chance to clear his name of these allegations,” Chavoos said.

In his statement at the weekend, Adams said he never intended to single out Boucher in the SJN hearings, where he revealed the existence of the “Brown Shit” fines meeting song, but the former Proteas spinner did say the wicketkeeper/batsman “should come and say sorry, if that’s enough” and also targeted Boucher’s appointment as Titans coach in 2016.

“We want to put South African cricket first and take the Proteas back to number one. In my view, Mark Boucher is the best coach for South Africa, that’s where he belongs,” Chavoos added.

Boucher’s disciplinary hearing on charges of racism is scheduled for May 16-20, with senior counsel Terry Motau presiding.

The SJN report has already been partially discredited by former director of cricket Graeme Smith winning his arbitration hearing, with costs, against CSA.

Veteran Proteas all-rounder Jon-Jon Smuts will give the Dolphins much experience and quality next season as they push to steer clear of relegation from Division I, but KZN Cricket Union chief executive Heinrich Strydom on Wednesday criticised the structure of domestic cricket, saying it did not give enough credit to those teams that provide several players to the national teams.

The 33-year-old Smuts, who can bat in the top-order and bowls very useful left-arm spin (especially in white-ball cricket), will be joining the Dolphins from the Eastern Province Warriors, having been based in the Eastern Cape since his first-class debut in 2007.

Smuts has played six ODIs, averaging 45 with the bat, and 13 T20 Internationals, but his last appearance for South Africa was in April 2021, so his days of Proteas call-ups would appear to be over.

Losing players to the national team – nine Dolphins featured in Proteas squads last season – is what Strydom said played a key role in their disappointing 2021/22 campaign, which left them tied in second-last position with the North-West Dragons, six points ahead of the Free State Knights, in the promotion/relegation standings. The bottom team at the end of next season automatically goes down to Division II.

“With the amount of national players we have, never mind the SA A team, we needed another senior guy because we were just left with a few 26/27-year-olds,” Strydom told The Citizen on Wednesday.

“It was a weird season for us, we were the only unbeaten side in four-day cricket but we had three away matches washed out, and the consistency was not there in limited-overs cricket.

“With the new structure, we have players all over the country now, guys like Sibonelo Makhanya and Senuran Muthusamy even captaining their new teams.

“But it doesn’t make sense for a team to be relegated when they provide so many players to South Africa. We even had our coach and strength & conditioning coach with the Proteas for a while, and providing so many people to the national squad puts you at risk.

“The Central Gauteng Lions are in the same position with as many players involved with the Proteas. Imagine not having a Division I team playing at the Wanderers or Kingsmead?” Strydom said.

There is no doubt that, at full strength, both the Lions, who were in danger of being drawn into the relegation battle before their surprising triumph in the One-Day Cup at the end of the season, and the Dolphins are top-class teams that should not be relegated, especially when the side replacing them will almost certainly be of a lesser standard.

Strydom said he is hopeful discussions with the new CSA Board will see a change of heart.

“The basic agreement is done, but will common sense prevail? It’s not an authentic system of developing talent in this country when teams are not playing their own players.

“A lot of the provinces are not a representation of their specific area, and it’s not a level playing field when teams like the Lions and Dolphins provide a much higher percentage of national players.”

Graeme Smith may have only been 22 years old when he was appointed as national captain in 2003, but democracy in this country was only nine years old then and the Proteas were a bit of a mess, so in many ways he was the big, older brother South African cricket desperately needed.

As a brash young man still trying to make his way in international cricket, Smith was probably only fully aware of the culture problems within the team after a few years. After the disappointment of the 2007 World Cup in the Caribbean, Smith set about fixing the Proteas, alongside manager Mohammed Moosajee, who was appointed in 2008, and the input of life coaches like Paddy Upton and Jeremy Snape.

Protea Fire and a far more inclusive culture were born, one which acknowledged that they were representing a country which had a divided past. Honesty and Ubuntu were required, they were playing for more than just themselves.

The result was a much happier team and it showed in performance as they became the No.1 side in the world.

When Smith retired in 2014 he hoped the Protea Fire legacy would live on. How sad it must have been for him that, just five years later, the Proteas were in rack and ruin. Typical of the leader he is, Smith agreed to try and restore South African cricket to former glories by becoming Director of Cricket at the end of 2019.

But worse was to follow as the very people who had pushed Cricket South Africa to the precipice then spearheaded a campaign against Smith. It culminated in the Social Justice and Nation-Building hearings, where it seemed as many vile untruths were spoken as there were painful reminders of a shameful past.

The totally inadequate work of Advocate Dumisa Ntsebeza was finally undone this week when Smith was cleared of all charges of racism by an independent arbitration hearing. CSA gave notice of their defeat – with costs – at 9pm on a Sunday night and board chairman Lawson Naidoo issued a statement that said it was now “appropriate to recognise the extraordinary contribution that Graeme has made to South African cricket”. It was almost as if the history we know we lived through as Proteas fans was now officially approved.

Unfortunately, there is lasting damage – one only has to see on social media the bitter divisionists refusing to accept the arbitrators’ findings – and Naidoo’s closing comment – “we very much hope that he will still work in the cricket world in appropriate capacities going forward” – hints at the fact that Smith’s expertise as the most experienced captain in Test history is now probably lost to South African cricket and will be snapped up by some other country.

If it’s not bad enough losing so much talent and I.P. to overseas teams thanks to the exchange rate, we are also actively chasing away people who could contribute so much good to our sport.

Head coach Mark Boucher’s disciplinary hearing is still to come and the outcome of Smith’s arbitration suggests there is still hope that the ‘tentative’ and unproven but damning allegations made by the SJN will receive the proper, unbiased and legally sound treatment they deserve.

A new Director of Cricket is also still to be appointed, with Enoch Nkwe probably still the favourite to succeed Smith.

Having to appoint a new head coach for tough tours of India, England and Australia as his first task would not make his life any easier, but then again the good of the Proteas, who bring in 80% of CSA’s income, is way down the list of priorities of those who have grudges to settle.

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.