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.

Cricket South Africa and the chairman of their anti-corruption unit, former Judge President Bernard Ngoepe, need to be congratulated for the methodical and efficient manner in which they have dealt with the attempts to fix matches during last season’s T20 competition, resulting this week in Alviro Petersen joining ringleader Gulam Bodi and Jean Symes, Pumelela Matshikwe, Ethy Mbhalati and Thami Tsolekile as players who have received bans.

Petersen accepted a ban of two years this week and his was the most complex of the cases, the former Proteas batsman being both whistleblower and conspirator, both helpful and obstructive to the investigators.

That half-a-dozen players have now successfully been prosecuted – with just one more high-profile name believed to be on the radar – points to the systematic, detailed work of Ngoepe’s anti-corruption unit. There had been pressure on them early on in the investigations to speed up the process and some of the guilty were also politically-sensitive figures, but they ensured they followed due process every step of the way, even if it meant there was no news for a baying public for periods of time.

The acquittal of former New Zealand all-rounder Chris Cairns on matchfixing charges last November really upped the ante in terms of the evidence required by cricket administrators looking to pursue successful prosecutions of those involved in corruption and CSA chief executive Haroon Lorgat and Ngoepe and his staff have handled the latest South African case with the delicacy and precision of a surgeon.

While Petersen claims he raised the alarm about the nefarious activities Bodi was putting into play, the investigators always had questions about the 36-year-old’s continued involvement in the scheme. Did he pull out because he wasn’t going to get enough money out of the scam?

Petersen was implicated by the evidence of his co-accused as well as his actions in destroying key evidence, believed to be his cellphone records, and has basically been found guilty of that and of not immediately reporting the suspicious activities. Perhaps by trying to be the hero and bypassing the rules which all cricketers should know, he has probably ended his professional career.

It is fair to say Petersen is not well-liked by most of his team-mates, I have heard him referred to as “Lord Voldemort”, and, probably due to a really tough upbringing in the Port Elizabeth township of Gelvandale, he is a bristly, difficult character, always on the defensive.

Coming from a really poor background, perhaps the drive to make “easy” money was too strong; or perhaps his desire to be the hero and singlehandedly destroy Bodi’s matchfixing ring turned into hubris.

Perhaps he is guilty of merely showing poor judgement, something all of us suffer from at times, but he has paid a terrible price in his name being tarnished and losing two of his twilight years as a player, particularly in English county cricket, where he has been a prolific and highly-valued run-scorer for Lancashire.

But that’s the penalty under a system that rightly operates under a zero tolerance principle and no professional cricketer can claim that they are uneducated about the anti-corruption measures.

Petersen’s punishment is par for the course for what he did and thankfully he has accepted it without the need for protracted hearings and appeals. This frees up the anti-corruption unit to now zoom in on a former international pace bowler with especially strong political connections.

Perhaps they have left the toughest case to last.

Investigators studying the Gulam Bodi cricket matchfixing case are in possession of a recording allegedly detailing a meeting between former Highveld Lions captain Thami Tsolekile and Indian gamblers, three informed sources have confirmed to Saturday Citizen.

The recording, in which Tsolekile allegedly discusses other players who are in on the scam, was apparently sent to one of the players who was approached by Bodi, possibly as a warning for them to keep quiet.

It was, instead, handed in to the anti-corruption and security unit at Cricket SA (CSA).

Bodi’s lawyers are also believed to have a copy of the recording and are looking at using it as leverage to prevent their client from being criminally prosecuted or to even get his sentence reduced. Bodi was banned from the game for 20 years in January.

Investigators are reportedly also homing in on a meeting Tsolekile had with the alleged bookies at a Rivonia strip club, with telephone records apparently showing he was there until 4am one morning in September.

The recording was apparently made of a subsequent meeting.

The match-fixing investigation has seen Tsolekile, who captained the Highveld Lions in the RamSlam T20 Challenge at the end of 2015 – but has not played for them since – go underground.

Saturday Citizen was unable to contact him for comment, but he has previously denied any involvement in corruption.

The former test wicketkeeper/batsman has not been seen at the Wanderers all year and team-mate Lonwabo Tsotsobe, who has previously admitted to being under investigation but denied having taken money to underperform, has also not been seen there since the end of the T20 competition, in which the Lions won just four of their 10 matches to finish second-last.

The 35-year-old Tsolekile has played three Tests for South Africa, the last one against England in 2004.

CSA said they were unable to comment on the matter as there was an ongoing investigation. Bodi was banned from the sport for 20 years, five of which are suspended, after earlier this year admitting to charges of contriving or attempting to fix matches in South Africa’s 2015 Ram SLAM T20 tournament.

He was charged with several counts of contriving or attempting to fix matches on December 31 2015 following an investigation conducted by CSA’s anti-corruption and security unit.

Bodi played two one-day internationals and one Twenty20 match for the national side in 2007.

http://www.citizen.co.za/1104555/thami-caught-out/