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 Social Justice and Nation-Building Report released on Wednesday not only claims the appointments of CSA director of cricket Graeme Smith and Proteas head coach Mark Boucher were irregular but also alludes to “racial discrimination” on their behalves.

Despite these highly-damaging accusations, Advocate Dumisa Ntsebeza’s report concludes with admissions that “it cannot make definite findings”, “there was no process in place for testing the submissions” and that his recommendations and findings are “merely tentative”.

Smith’s appointment as Director of Cricket in December 2019 was labelled as “flawed” because South Africa’s most successful captain was headhunted for the position, a common practice in the corporate world. He was initially approached by former CEO Thabang Moroe, who was soon after dismissed by CSA for numerous incidents of maladministration, but still had the gall to criticise Smith’s appointment at the SJN.

The fact that Smith did not want to work under Moroe or former Board president Chris Nenzani, both of whom have left their posts under a cloud, was described as “racial bias against Black management”. The report makes no mention of the fact that Smith has continued to work under Black African Acting CEO Pholetsi Moseki and generic Black board president Lawson Naidoo since then with no issues.

Smith’s subsequent appointment of “his friend” Boucher as head coach was also stated to be an example of “unfair discirimination” based on race, because he was chosen ahead of Enoch Nkwe, who was the interim head coach.

The report lists Boucher’s five franchise trophies in three seasons as coach of the Titans, but then compares them, as equivalents, with two second-tier titles in the Netherlands, a Cubs Week triumph, three amateur cups with the Gauteng Strikers and three franchise titles won by Nkwe. No mention is made of South Africa’s three heavy defeats under Nkwe in India on their previous assignment.

Despite Boucher’s immense international playing experience, it concludes that the record-breaking wicketkeeper/batsman was appointed due to the colour of his skin.

Ex Proteas bowler and KZN Coastal coach Roger Telemachus, who has never led a franchise team, was also ruled to have been discriminated against.

The relatively new board will now have to extricate themselves from a dangerous situation in terms of legal liability, with an initiative set up by the previous board making serious allegations which have already attracted the interest of several affected parties’ lawyers.

Numerous people found to have engaged in racist conduct by the report are believed to have received no notice that they had been implicated, and at least one leading lawyer has sent a 17-page e-mail to the CSA Board warning that the report is seriously flawed in legal terms.

For now, the CSA directors are Out of Office, but they will have to grapple with the SJN issue in the new year.

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.

Boeta Dippenaar and Pat Symcox are two former cricketers I have admired and whose company I have enjoyed from time to time, but I hope their faces are as red as tomatoes after their ill-judged reactions to Lungi Ngidi’s comments that the Proteas need to make a stand against racial discrimination.

For the record, Ngidi was asked a direct question about the Black Lives Matter movement and whether the Proteas team would seek to support it as the West Indies and England sides have done in their return to action in the Southampton Test.

Ngidi said: “It’s definitely something we need to discuss in person but we are all well aware of what is going on. It’s something we have to address as a team, as a nation as well because we’ve had racial discrimination in the past. It’s something we need to take very seriously, we need to make a stand like the rest of the world.”

Now saying a stand should be made against racial discrimination is surely not something so divisive that the Proteas would be halved into different camps for and against? Surely Ngidi was standing for something everybody can support, like being against gender-based violence?

So why the furious reaction?

It was another former Protea, top-order batsman Rudolf Steyn, who fired the first shot with a social media post that read: “I believe the Proteas should make a stand against racism, but if they stand up for ‘black lives matter’ while ignoring the way white farmers are daily being ‘slaughtered’ like animals, they have lost my vote.”

Firstly, it has to be in very poor taste to start bartering over whether you will support someone else’s right to life depending on them supporting your cause. Yes, All Lives do Matter, but in the world as a whole, the priority has to be to ensure that the importance of Black Lives are upgraded so that we no longer see the shocking, senseless deaths of people like George Floyd and Collins Khosa.

If someone told you that their father had died of a heart attack, would you say “what about all the people who have died of cancer”? If someone asked you to support research into eliminating breast cancer, would you say “only if you support anti-HIV initiatives”?

By responding to a question about Black Lives Matter, it by no means suggests Ngidi is against any other lives mattering. In fact, a furious response to Black Lives Matter suggests an attitude that they don’t matter as much as other lives.

Both Symcox and Dippenaar then replied highlighting the plight of farmers and farm attacks. Also a worthy cause.

Many critics of Black Lives Matter say it has become politicised but this is also true, perhaps even more so, of Farm Attacks. According to AfriForum’s own figures, there were 57 farm murders in 2019 and, while every one of those deaths is a tragic injustice, to somehow extrapolate that into an organised campaign of racial genocide is ridiculous. In fact, 57 murders a year is quite close to the daily figure for all murders in our terribly violent country. The Transvaalse Landbou Unie released a statement this week saying there had been 26 farm murders so far this year.

Or do some lives take priority over others? Which I guess is exactly the point of Black Lives Matter. As West Indian great Michael Holding put it this week, we all know White Lives Matter, that has never been in doubt.

Cricket in general has often been halfhearted in responding to issues of social justice so the efforts of the English and West Indian teams, and even the ICC match officials, have been tremendous to see.

I was also impressed with how Cricket South Africa’s relatively new director of cricket, Graeme Smith, handled the grenade when it was tossed to him at the same press conference as Ngidi’s. He was a huge driver of diversity and inclusivity when he was a Proteas captain, but he has not been a ‘suit’ for that long and has had a couple of mishaps already when it comes to dealing with political issues.

Smith said: “We are all very aware of what is going on around the world and our role as CSA. When the team gets together again we will figure out how to play an effective role in the Black Lives Matter movement. It’s important to have buy-in and for everyone to be invested. I have no doubt that will be the case, but to have the discussion is important. There certainly needs to be something done and we will discuss various ways of handling it in an effective and authentic manner.”

And the Titans, who have won more domestic cups than any other franchise, have also led the way in responding to the cause. The squad unanimously agreed that coach Mandla Mashimbyi should issue the following statement:

“We know only too well how important the Black Lives Matter movement is. We bat vehemently against discrimination of any kind, and we will always strive to provide opportunities within our Titans family for all the colours and cultures of our rainbow nation. We also want to lend our voice to those shouting for the scourge of violence against our mothers, sisters and daughters to stop.

“The only way we can stand against evil is by showing acts of love to people no matter their race, religion or gender. We should see love as the foundation that helps us find solutions, find refuge and hope because love is the foundation of life. If we can begin to view things through the perspective of love before race, religion or gender we will move forward as a society,” Mashimbyi said.