Ken Borland

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 Proteas may be performing at a renewed level of excellence at the moment, but Cricket South Africa continue to come hard at head coach Mark Boucher, who has now been formally charged with “gross misconduct” over the allegations of racism made against him by the Social Justice and Nation-Building report.

In what one CSA insider described as “an aggressive attack” on Boucher, the record-breaking wicketkeeper/batsman was served with charges under the organisation’s disciplinary code the day before the ODI series against India began.

Having pulled off an improbable 2-1 win in the Test series against India after losing the first match, the Proteas then registered an impressive victory in the first ODI in Paarl in midweek.

But the CSA Board’s antagonistic attitude towards their own national team and management was shown when they failed to send out any form of congratulatory message to the captain, players or coaching staff for beating the then No.1 side in Test cricket. CSA have made a habit in recent years of sending out congratulatory statements for even minor triumphs.

The SJN report accused Boucher of discrimination and using racial slurs relating to Paul Adams’ complaint of the Proteas team using a song referring to him as “a brown shit in the ring” during their fines meetings back in the late 1990s.

CSA on Thursday afternoon confirmed that Advocate Terry Motau (SC) would chair the disciplinary hearing, with the parties meeting on January 26 to determine a timetable for proceedings.

Legal sources have suggested that CSA’s already depleted kitty could be emptied even further if they try to use the SJN report to dismiss either Boucher or director of cricket Graeme Smith. Informed sources have indicated enquiries are still being made into whether Smith should also be charged, but that matter is complicated by the fact that the former Proteas captain is technically an independent contractor.

Lawyers representing several respondents implicated in the report have labelled it as “flawed” and have pointed out that the ombudsman, Advocate Dumisa Ntsebeza, admitted himself that his findings were “tentative” and that he could not make “definitive findings” based on “untested evidence”.

The impartiality of the lawyers involved has also been called into question because 260 paragraphs of the final report were merely copied-and-pasted directly from the complainants’ submissions.

The fact that such a significant accusation as racism has now been publicly made against Boucher and Smith is bound to lead to major legal challenges.

“They are not going to go quietly, they’re not just fighting for their jobs but also to clear their names,” a source close to both former Proteas stars said.

Cricket South Africa’s Board issued a directive on Tuesday morning that all Proteas players must ‘take the knee’ in support of the Black Lives Matter initiative against racism before their T20 World Cup match against the West Indies in Dubai, a move that was later confirmed as the reason for key batsman Quinton de Kock withdrawing from the match.

De Kock was a notable omission from the starting XI for what team management called “personal reasons”. The wicketkeeper/batsman has previously expressed his struggles with bubble life, but the timing of his withdrawal inevitably cause immense speculation and CSA issued a statement during the West Indies innings confirming that the former captain had made a “personal decision … not to take the knee”.

The statement said the Board will await a report from team management before deciding on “the next steps”.

The Proteas were fielding first and all the players on the field and the support staff on the side appeared to take the knee with their right fists raised.

CSA Board chairman Lawson Naidoo said he believed the Proteas needed to have a unified response to BLM, rather than the previous situation where some players were standing, others kneeling, some had fists raised and others didn’t.

“A commitment to overcoming racism is the glue that should unite, bind and strengthen us. Race should not be manipulated to amplify our weaknesses. Diversity can and should find expression in many facets of our daily lives, but not when it comes to taking a stand against racism.

“South Africans were recently joined by people across the world in celebrating the 90th birthday of our revered Archbishop Desmond Tutu. What better tribute from the Proteas to an icon of the struggle for freedom in South Africa than to demonstrate we are working to fulfil his vision of a united South Africa,” Naidoo said.

Former long-serving Proteas Mohammed Moosajee urged the board to implement a unified response to BLM by the Proteas when he testified before the Social Justice and Nation-Building hearings last week.

One of the key features to come out of the discussions around racism in cricket has been the acknowledgement that it has to be okay for stakeholders who feel discriminated against or marginalised to speak out. Without that freedom, the status quo merely continues and we won’t know that the system is broken until there is something akin to an explosion of anger.

And there are certainly a lot of angry people in the cricket community at the moment, many with good reason because the leadership of the game has failed them so thoroughly. Many people are thoroughly disgruntled by how mediocre the returns have been after millions of rand have been spent on transformation over more than 20 years.

It is not okay, however, for people to spread division, blatant lies or push agendas designed to further the interests of only a select few. Unfortunately many of those divisive voices have been given prominence in the last few weeks.

The troubles in South African cricket seem to have given birth to an extreme version of Africanism that threatens to shut everyone else out of the game.

We now have a situation where White members of CSA management, specifically acting CEO Jacques Faul, director of cricket Graeme Smith and head coach Mark Boucher, are being pilloried, not for anything they have or have not done, but simply because they are White. No matter how often they express their support for BLM or for transformation, some people simply cannot get past their skin colour.

The corollary of this is the perception that Black Africans should not be held accountable for their actions. Suddenly suspended CEO Thabang Moroe, who left the game in such crisis last December that Faul and Smith had to be parachuted in, is the darling of certain sections of the media, who are pushing for his return. The irony that they are supporting someone who nine months ago took away the accreditation of journalists who were critical of him is totally lost on them. Are they are in favour of media freedom or do they support someone who has also looked to destroy the players’ trade union – the South African Cricketers Association?

Convicted matchfixers Thami Tsolekile and Ethy Mbhalati have also been given platforms that are far too exalted for the manner in which they betrayed the game. Tsolekile in particular spouted forth on a well-known radio talk show – with very little counter-interrogation – on how the whole matchfixing investigation of the 2015 T20 competition targeted Black players. He and his host conveniently failed to mention that the entire process was presided over by Bernard Ngoepe, one of the country’s most respected judges. Are they saying he is racist? Sounds like the typical protestations of the criminally guilty to me.

Equally appallingly, Tsolekile accused and named two White players of being involved in matchfixing without a shred of evidence. Their rights have been trampled on and I expect them to go to the courts to protect their names. CSA have subsequently released a statement saying the one player was one of their star witnesses because he immediately reported a corrupt approach and the other was just a name bandied about by arch-conspirator Gulam Bodi in order to get other people involved. They were both thoroughly investigated, by the ICC as well, and totally exonerated.

Even the legendary Makhaya Ntini seems to have been allowed to get away with a one-sided narrative. I’m sure in the early years of his international career there were days when he felt isolated and alone. But he has been unfair in his criticism of Cricket South Africa.

If it weren’t for Ali Bacher personally getting involved and organising proper legal representation for him, Ntini would have spent several years languishing in jail after being incorrectly found guilty of rape, and Proteas manager and team doctor Mohammed Moosajee has revealed the felicitations the great fast bowler received from CSA at the end of his career.

“What Makhaya said I think surprised every one of us because he was a beacon for every youngster. He was in the team with me for the last 8 years of his career and I never noticed him sitting alone. Many players ran from the ground back to the hotel. Many times when we went out to dinner, we would stick to our own, but there were also many other times when we would join the other guys.

“Even when his contract ended, he was paid an extra year of salary which had never happened before, and he was given a special benefit game at Moses Mabhida Stadium. He played his last game for South Africa in January 2011 and his CSA contract continued through to the next April and then he received another year after that,” Moosajee told an Ahmed Kathrada Foundation webinar on racism in cricket recently.

“I did not see him on his own, he always had other players around him, but we need to unpack the way he felt, we need like a Truth and Reconciliation Commission for cricket. I’m sure he felt isolated when he first came into the team because he was in the minority, international sport is very difficult and you feel nervous about where you fit in. It was probably the same for Hashim Amla, but once the colour of the team and the administration changed then a lot of that went away,” Moosajee added.

Doc Moosajee, who has been a great servant of the game, went on to slam those for whom power in cricket is like an aphrodisiac.

“It’s important to remember that a number of communities contributed to the struggle but unfortunately some selfish administrators are looking to create divisions now. We need to move away from the idea that you need to be Black African to have a role in transformation; all communities, including Whites, have a role. Driving only an Africanist agenda has become divisive.

“We can’t continue to pay lip-service to transformation after 26 years, we need tangible action. In terms of Affirmative Action, the question we need to ask is whether the policies have benefited us or promoted racism? There is no doubt it has become polarised. Grassroots is where the issue is and there’s no doubt that has not been addressed. The numbers game has created challenges,” Moosajee said.