Ken Borland

Lawyers for various respondents implicated in the Social Justice and Nation-Building Report have stated Cricket South Africa’s board will need to consider “a number of fundamental flaws” in both the process and the findings of ombudsman Dumisa Ntsebeza.

David Becker, the former head of the International Cricket Council’s legal department and the attorney of CSA director of cricket Graeme Smith, issued a statement on Thursday evening on behalf of the lawyers of the respondents, saying there were “concerns about the integrity of the process”.

Smith, through Becker, is going to be fighting the allegations in the report that his appointment as director of cricket was “irregular” and that he was guilty of racial discrimination both in his current position and when he was captain of the Proteas.

“CSA is going to have to consider a number of fundamental flaws in the ombud’s process which have been raised by several respondents,’ Becker said.

“How do you make far-reaching and public findings of racial prejudice … and in the same breath say that they are ‘tentative’ … ? How is CSA expected to implement those findings when the ombudsman has said, by his own admission, that he ‘cannot make definitive findings’ … where the evidence … was not tested.

“Why wasn’t the evidence properly tested? The ombudsman had the opportunity to cross-examine the witnesses … and didn’t take that opportunity,” Becker said.

Ntsebeza was constantly trying to buy himself more time for a process that CSA had already extended from four months to six months, which the organisation said had cost them R7.5 million rather than the budgeted R5 million. And yet Becker criticised the process as still being lacking.

His statement pointed out that certain respondents were not properly informed of the allegations of racism made against them; “if so, this is very serious and the findings against them will ultimately need to be withdrawn,” Becker said.

Significant conflicts of interest were also raised because lawyers Sandile July and Fumisa Ngqele had a dual role of not only advising the ombud but also drafting heads of argument for the complainants. Becker alleged that “over 250 paragraphs of the complainants’ heads of argument have been simply cut and pasted word-for-word directly into the ombudsman’s report”.

Becker also said some of Ntsebeza’s findings were “entirely questionable and without any basis”. He pointed to the finding that Smith’s refusal to work under former CSA CEO Thabang Moroe was evidence of his racial bias as ignoring the fact that the director of cricket has happily worked under acting CEO Pholetsi Moseki and three Black CSA presidents since his appointment.

The SJN Report also largely ignores the 250 pages of evidence submitted by the South African Cricketers’ Association dealing with the allegations against the players’ union.

Becker pointed out that two full days were granted to the four players found guilty in the 2015 matchfixing investigation, with Ntsebeza later describing their evidence as a “red herring”.

The South African women’s cricket team’s hopes of playing internationally this year seem to be crumbling into dust with no real effort being made by the Ministry of Sport, Arts and Culture to pay anything more than lip-service to their stated intention of uplifting women’s sport.

On Tuesday Cricket South Africa were forced to turn down an invitation from world champions England to play five women’s ODIs and two T20 internationals next month due to government not being willing to relax their international travel restrictions.

That would be understandable if it weren’t for the fact that the England and Wales Cricket Board had offered a chartered flight with all necessary health protocols to fly the Proteas team over. Government have also already granted certain sportsmen permission to travel overseas and compete. Repatriation flights and some business travel have also been allowed.

“It is frustrating that another opportunity for our Momentum Proteas to play against top-quality opposition has again had to be cancelled, but as always the safety of our players and support staff is the prime consideration, ” CSA director of cricket, Graeme Smith, said in a statement released on Tuesday.

Clare Connor, the managing director of England women’s cricket, sounded even more frustrated.

“I am immensely disappointed. We have been committed from the outset to deliver the same bio-secure standards for both men’s and women’s international cricket, an investment that included exclusive hotel use for teams, chartered flights and medical provisions. An ECB team, with support from the county ground in Derby, has created a dedicated behind-closed-doors environment to host all of our women’s internationals,” Connor said.

While the Ministry did not respond to a query for comment, they have been users of punitive measures against sporting federations that were not in their good books before. When CSA appeared before the sports portfolio committee recently, they were castigated by Minister Nathi Mthethwa for their “all-White management”.

President Chris Nenzani and acting CEO Jacques Faul have since resigned, but it would be no surprise if the ministry, often ill-informed on events on the inside of sporting organisations, have now also jumped on the anti-Smith bandwagon and are trying to make his life more difficult.