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Ken Borland



CSA have to mull a different legal strategy v Boucher 0

Posted on June 10, 2022 by Ken

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.

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    Micah 6:8 – “He has showed you, O mortal man, what is good. And what does the Lord require of you? To act justly and to love mercy and to walk humbly with your God.”

    “Just knowing the scriptures does not make someone a Christian. Many experts on the theory of Christianity are not Christians. In the same way, good deeds do not make one a Christian.

    “The core of our Christian faith is our acceptance of Jesus Christ as our redeemer and saviour, and our faith in him. We need to open up our lives to him so that his Holy Spirit can work in and through us to his honour and glory.” – Solly Ozrovech, A Shelter From The Storm

    Matthew 7:21 – “Not everyone who says to me ‘Lord, Lord’ will enter the kingdom of heaven, but only he who does the will of my Father.”

    So we must do God’s will. Which means steadfastly obeying his commands, following and loving Christ and serving our neighbour with love.

    We must see to it that justice prevails by showing love and faith and living righteously before God.

    All this is possible in the strength of the Holy Spirit.

     

     

     



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