Ken Borland

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.

It was never going to be a dolly of a catch that Social Justice and Nation-Building ombudsman Advocate Dumisa Ntsebeza found himself under, but given the evidence provided during the last week of hearings, his job over the next month in compiling his final report should be like taking a firmly-struck drive straight to you in the covers.

Given the legal pedigree of Ntsebeza, I would be surprised if he fumbled. Even though the way assistant Sandile July seems to have already made up his mind about who the villains of this piece are is a bit like your team-mate distracting you under a high catch by also trying to get under it.

As Ntsebeza has often reminded, his brief is to find whether there has been racial and gender discrimination in South African cricket.

For those of us who have been involved in the game since unity, the evidence has clearly backed up what we knew all along. There was most certainly racial discrimination and lingering Apartheid attitudes that caused some fine cricketers and people to be dreadfully treated.

But since around 2010, the issue becomes cloudier. The national team became more representative and more aware of diversity and cultural differences. Cricket South Africa’s Board became majority Black.

The last week has seen Ntsebeza admit that the evidence provided by those found guilty of attempting to corrupt the game – Alviro Petersen, Lonwabo Tsotsobe, Ethy Mbhalati and Thami Tsolekile – that they had been discriminated against on the basis of their colour, was “a red herring”.

Ntsebeza expressed his regret that so much time had been spent on the issue, likening it to “a runaway horse” that was eventually corralled by the testimony of those who led the matchfixing investigation in 2015/16.

So their evidence – save for some of the harrowing tales from Tsolekile’s youth – should be discounted. Along with that of former CSA independent director Eugenia Kula-Ameyaw, who ironically came up with the SJN idea.

That she actually has very little clue on the game in this country was borne out by much of her evidence being picked apart by the compelling testimony of SACA chief executive Andrew Breetzke, CSA’s acting head of pathways Eddie Khoza and acting CEO Pholetsi Moseki.

High-profile lawyer David Becker, along with Moseki, also cleared up many of the untruths about how Graeme Smith came to be in CSA’s service as director of cricket.

It is a pity that none of Smith, Mark Boucher or AB de Villiers have given public testimony, but hopefully there is enough in their affidavits for Ntsebeza to have a clear picture of their side of the story.

It is to be hoped that Ntsebeza, who seemed to grow increasingly frustrated towards the end of the hearings but managed to remain in control and exude a definite air of fairness, is able to produce a final report that CSA can call into service to ensure they continue the progress in transformation that they have made.

The importance of the SJN is to guide CSA into the future and not to settle the scores of those who are bitter, especially those who are chiefly responsible for their own demise.

Selection and quotas will always be a contentious issue. And even though Khaya Zondo was clearly unfairly treated in 2015, it is difficult to say it was on the basis of his colour given the fact that Black people, and not just De Villiers, were involved in that controversy.

Speaking of being unfair, July himself admitted that targets were discriminatory but were designed to undo previous wrongs. It is an argument with huge merit, but the other side of the coin is that innocent people are being punished for the sins of their fathers.

I always think the opinions of West Indian great Michael Holding should guide one’s view in most cricketing discussions. But even he appeared a bit stumped by the whole quotas issue when he addressed the SJN hearings at their closure.

Calling them “an unnecessary burden” for players of colour, allowing the churlish to say they are only in the team because of regulations, he added that he understood the reason for them because people wanted to see a team that is fully representative and that the fear is, without quotas, this will not happen quickly enough.

Holding said he hoped they would eventually no longer be necessary.

My hope is that the SJN leads to exactly that, where all cricketers in this country have an equal opportunity to play for the Proteas.

Springbok coach Jacques Nienaber was pleased to report after their second Rugby Championship match against Argentina that their injury problems at loose forward are easing, but he has fresh worries over the scrumhalf position, which was already in crisis before the 29-10 win at Nelson Mandela Bay Stadium.
The Springboks were in complete control of proceedings for three-quarters of the game, but things began to go awry towards the end when they were forced to play with 14 men when replacement scrumhalf Jaden Hendrikse suffered an unfortunate leg injury in a tackle.

The 21-year-old Hendrikse was himself brought into the squad due to injuries to Faf de Klerk and Herschel Jantjies, and Nienaber admitted he was probably going to have to call up another scrumhalf. Sanele Nohamba, also a Sharks player, is potentially in line for a recall having been part of the squad for the British and Irish Lions series and playing for SA A.

“I spoke quickly with the doctor and he said Jaden had everything of his weight on the leg so it might not be a ligament injury, it might actually be bone. It takes us four weeks to get a player abroad – counting backwards, we would like that player to have one week of training, there’s two weeks of quarantine before that and they also have to go through the protocol of multiple tests before that at home.

“It’s why we need a minimum of four scrumhalves. The severity of Jaden’s injury will be the big thing, but I think he’s in trouble. We had four scrumhalves but only two were standing in the build-up to this game. At least Faf de Klerk is running well again. And fortunately I think three out of four of our injured flanks should be right to play our next game,” Nienaber said.

Duane Vermeulen is taking contact again in training, Jean-Luc du Preez has recovered from his medial ligament strain and Rynhardt Elstadt is almost back to full fitness, according to the coach.

As if injuries were not complicating their planning enough, the Springboks, who were meant to fly to Australia on Sunday, don’t even know who they are playing next in the Rugby Championship or where, after New Zealand’s amazingly late decision not to play in Perth this coming weekend or host their scheduled matches against South Africa after that.

Nienaber said hosting the rest of the tournament on the Highveld would be ideal for the Springboks, but they have become used to changes being sprung on them at the last moment.

“Things change rapidly with Covid so we have five plans loaded. We will be staying in Gqeberha until Tuesday/Wednesday, by then we will hopefully know if we’re staying in South Africa. If we have to travel, there are different plans for Brisbane, France, the UK or America. We have to be adaptable but I honestly don’t know where we will be going.

“We would love to host the rest of the competition, South Africa showed we can do it in the Lions series, which is the next biggest thing in the Southern Hemisphere after the World Cup. Everything is lined up and ready and I wold prefer to play in Gauteng at altitude. That would be nice for us,” Nienaber said.

Siya Kolisi did okay in Cape Town, but judging by coach Sean Everitt’s report card since the Springbok captain moved to Durban, the Sharks are expecting him to have an explosive impact in the Rainbow Cup.

And, as fate would have it, the Sharks’ first game in the new competition is back in Cape Town against the Stormers and Kolisi was on Thursday named in the starting line-up in the No.6 jersey.

“Siya arrived here under a lot of pressure but he certainly stood up and has trained very hard. The training has been a step up from what he was used to, but he has had really good preparation now and there has been a vast improvement in his conditioning.

“As he showed in the preparation series, his contributions on the field are telling and he’s a lot more involved in our system than he was with Western Province. He brings a lot of experience and leadership too, and the guys look up to him and take a lot of confidence from him being on the field,” Everitt said on Thursday.

The Sharks ruined Western Province’s farewell to Newlands back in January when they beat them 19-9 in the Currie Cup semi-finals. They absorbed plenty of pressure from the much-vaunted WP pack on that day, demolishing their maul, and Everitt on Thursday backed his pack to nullify the Stormers up front again.

“Obviously the challenge is going to come at scrum and lineout time, but it’s the same scrums both teams had in Super Rugby and a turnover scrum won us that game. Ox Nche and Thomas du Toit are both in the Springbok fold and Fez Mbatha must be knocking on the door, so it’s going to be an interesting tussle with their front row.

“In the Currie Cup, Western Province were more set-piece orientated, but I think the Stormers will come with a mixture of styles on Saturday because they would have got a lot of confidence from the preparation series where they scored some great tries and their attack certainly came on leaps and bounds. That makes it more difficult for us, but if we nullify them up front then we should be okay,” Everitt said.

Sharks team – Aphelele Fassi, Sbu Nkosi, Lukhanyo Am (C), Jeremy Ward, Yaw Penxe, Curwin Bosch, Grant Williams, Sikhumbuzo Notshe, Henco Venter, Siya Kolisi, Reniel Hugo, Ruben van Heerden, Thomas du Toit, Fez Mbatha, Ox Nche. Replacements: Kerron van Vuuren, Ntuthuko Mchunu, Wiehahn Herbst, JJ van der Mescht, Phepsi Buthelezi, Sanele Nohamba, Manie Libbok, Werner Kok.