Kolpak window closing, but South Africa’s are boarded up

“To make a living in the game, top cricketers don’t need South African cricket. That is worrying.” – Andrew Breetzke, SACA chief executive

TELFORD VICE | Cape Town

NOT long ago the impending end of the Kolpak era would have been celebrated in South Africa. After 16 years in which 64 of the country’s players had chosen to further their careers in England, the balance would be restored. Too much of a generation of talent had been lost, but the drain would be blocked. Cricket’s coming home, South Africans would say. If only it was that simple.   

The Cotonou agreement, which allows players who are citizens of 79 countries in Africa, the Caribbean and the Pacific to work as locals in the European Union, expires in December. But the EU’s website says the organisation “will work towards a substantially revised agreement with a common foundation at ACP [Africa, Caribbean and Pacific] level combined with three regional tailored partnerships for Africa, the Caribbean and the Pacific”. So South Africans who have taken up Kolpak contracts — which make them unavailable for national selection in return for not being regarded as overseas professionals with their counties — might have had a reasonable expectation of the arrangement continuing in some form.

But the United Kingdom (UK) is set to leave the EU at the end of this year, a truth the Brexit-supporting UK government seems determined to realise come what may. In less politically polarised times an economy hit hard by Covid-19 surely would have prompted negotiations for a delayed departure. One look at prime minister Boris Johnson’s hair should tell you sensibility isn’t high among his priorities. Kolpak’s days, then, are numbered: the only remaining domestic cricket in England this year is the knockout section of the T20 Blast, which will end at Edgbaston on October 3.

Of course, there will still be room for overseas professionals. But county cricket is suffering, along with almost every other industry, and will have less money to spend on such luxuries. That door is closing for players currently on Kolpak deals. Add to the equation the parlous state of the game in South Africa, which can only make prospective professionals doubt that cricket is stable enough in the country to be worth pursuing as a career, and it isn’t difficult to understand why the end of Kolpak is far from a reason to be unconditionally cheerful.  

“We already have current players asking, ‘Must I work on my plan B?’,” Andrew Breetzke, the chief executive of the South African Cricketers’ Association, said. “The fact that the South Africans in the IPL are pulling their weight in their teams is evidence that, to make a living in the game, top cricketers don’t need South African cricket at that level. That is worrying, especially when you look at the turmoil in the South African cricket landscape. Of course, the players have got to get to [IPL] level, and for that they do need South African cricket.”

The market is also being squeezed from outside the country, and more so than in other sports. “If you’re a Stormers [franchise rugby union] player and you’re not quite making it for the Springboks you can still get a gig somewhere overseas,” Breetzke said. “There’s a career outside of South Africa even for non-Springboks, but there isn’t necessarily a career outside of South Africa for the non-Protea. Every guy who makes it overseas has actually made it as a Protea. That makes a cricket career much more difficult.”

Considering all that, should South Africans be pleased that Kolpak is due to disappear from the cricket vocabulary next year? “From a SACA perspective, we always want to have as many playing opportunities and earning possibilities for our members,” Breetzke said. “Kolpak was one such opportunity. If you look at someone like Dane Vilas, it’s done wonders for his ability to keep playing as a professional. From that perspective, it is sad.”

Wicketkeeper-batter Vilas played a T20I and six Tests from March 2012 to January 2016. Although a quality gloveman and more than decent with the bat — he has scored 21 first-class centuries — Vilas had AB de Villiers breathing over one shoulder and Quinton de Kock over the other. In an age of superstar batters being turned into wicketkeepers, Vilas was always going to come third in that company. But since 2017 he has been able to juggle playing for the Dolphins with turning out for Lancashire on a Kolpak contract.

Now what? Vilas has petitioned the ECB to stay on as an overseas player for the 2021 season on the strength of the fact that his wife holds a UK ancestral visa. But a letter from Alan Fordham, the ECB’s head of operations for first-class cricket, suggests that isn’t a strong enough argument. 

The letter, which Cricbuzz has seen, is dated September 24 and is addressed shotgun style in an indication of how enmeshed Kolpak players are in the English system: “To first-class county cricket clubs, WEDS [Women’s Elite Domestic Structure] regional hosts, men’s Hundred teams, women’s Hundred teams, PCA [the Professional Cricketers’ Association], ICC Europe, Cricket South Africa, Zimbabwe Cricket, Cricket West Indies, Cricket Ireland”.

It confirms what has long been on the cards: “All Kolpak players currently registered as a regulation 2 [non-UK national] player will have their registration cancelled by the ECB with effect from 1 January 2021.” And that: “No further applications by any Kolpak player for registration as a regulation 2 player will be accepted (unless such a player meets the eligibility criteria detailed in the amended Regulation 2). And, with apparent reference to players like Vilas: “The above will apply regardless of whether such player currently holds, or is able to obtain, an ancestral or family visa giving them the right to work in the UK.”

Fordham makes the point that, “Should the 31 December 2020 end date of the [Brexit] transition period change, the above changes will be subject to further review by the ECB.” But that seems unlikely.

Having taken off his trade unionist’s hard hat, Breetzke could see the other side of the argument: “From a South African perspective, [the end of Kolpak] brings certainty to an area that has been controversial on various levels — financially and politically. As it stands we don’t have one Kolpak player who is contracted within South Africa; such has been the move towards not contracting Kolpak players.

“Now we’ll have a number of players who become available to be contracted domestically who previously, from a practical point of view, weren’t able to be. Legally they could have been, but that would have needed money from outside the franchise [salary] allocation and they never had it. Now you can contract Simon Harmer as a Warriors players from the allocation because he’s going to be an overseas professional [in England] and be a local in South Africa again.

“It opens up the game for South Africans coming back. It’s actually a positive for the strength of South African cricket. It takes away the issue of whether we should be supporting players who can’t play for South Africa, which was a very strong narrative.”

That’s not to say the future will be straightforward. “We will have normal domestic players who only have a domestic contract,” Breetzke said. “We’ll also have domestic players who are local but are foreign overseas players in England. And we’re going to have non-contracted South African players in the international market — AB de Villiers, Chris Morris; those guys. That does complicate how you’re going to select for the Proteas. Must the player have played in that domestic competition to be considered for the Proteas in that specific format?”

South Africans have cursed Kolpak since 2004, when Claude Henderson became the first player to agree to its restrictive terms. Now, as the end of the age looms, they might find they have new reasons to keep swearing.

First published by Cricbuzz.

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Kolpak is dead, long live Kolpak

While repeatedly delayed Brexit doesn’t happen, Kolpak will be with us.

TELFORD VICE in Cape Town

RUMOURS of the imminent end of the Kolpak era could be exaggerated by as much as two years, thanks to the coronavirus pandemic. South Africans who thought some of their best players would not be able to choose county over country from next year will have to hold their breath until the start of July to find out whether the arrangement will continue — perhaps until the end of 2022.

The United Kingdom (UK) voted to leave the European Union (EU) in June 2016. But their departure has been delayed three times, largely because of squabbling between rival UK political factions. Now it seems Brexit is set to linger in purgatory still longer.

As things stand the transition period for the UK to leave the EU is set to expire on December 31. But the UK could be forced to ask the EU for a postponement. The time, effort and resources governments have devoted to fighting the spread of the virus have left little for other priorities — even those as important as planning for Brexit.

“Under these extraordinary circumstances I cannot see how the UK government would choose to expose itself to the double whammy of the coronavirus and the exit from the EU single market, which will inevitably add to the disruption, deal or no deal,” Christophe Hansen, a Member of the European Parliament from Luxembourg who is on the EU parliament’s international trade committee, said last month. “I can only hope that commonsense and substance will prevail over ideology. An extension of the transition period is the only responsible thing to do.” The UK government responded with: “The transition period ends on 31 December 2020, as enshrined in UK law, which the prime minister has made clear he has no intention of changing.” But Downing Street said much the same thing before each of the previous delays, only to reverse their stance. 

The UK has until the end of June to ask the EU for an extension, which could last for up to two years. The EU would be only too happy to keep the UK on its books for as long as possible — the UK’s net contribution into EU coffers for 2018 was almost £9-billion.

The England Cricket Board (ECB) have told their 18 first-class counties that Kolpaks will no longer be considered domestic players after “the end of the government transition period”. So while the UK remains part of the EU, Kolpak will be part of South African cricket’s reality.

South African player agent Francois Brink concurred: “Logic tells you that everything in the world is on hold, so there is a good chance that Brexit’s implementation may also be postponed.” Until that happens “Kolpak can’t disappear; it will still exist”.

Graeme Smith, South Africa’s director of cricket, appears to have fallen prey to premature celebration on Friday, when he told an online press conference: “With Kolpak coming to an end the willingness is to always have our best players back in the system. With it fading away it’s really up to them players to back into the system and to make a decision on their career. From our perspective we want to encourage all our best players to play here, both domestically and then [to] give themselves the opportunity to be selected for the national side. That’s always the way we want to look at it. We don’t want to ever exclude players from being a part of our system. We understand that the landscape of the world game is very different now to what it was a number of years ago. So an open mind to how we look at these things is going to be key about we keep our best players — how we keep them motivated, how we keep them in our game.”

The Kolpak ruling, named after Maroš Kolpak, a Slovak handball player, who in May 2003 won a European Court of Justice case to enable him to play professionally in Germany, hinges on the Cotonou agreement, which allows the citizens of 78 countries — South Africa among them — to be regarded as locals when they work in the EU. Cotonou has been repeatedly extended since it came into force in 2003, and although the current version is set to expire at the end year it is far from dead. The upshot is that South Africans who play county cricket on Kolpak contracts do not fill the limited places reserved, in terms of ECB regulations, for overseas professionals. But the price is high: the counties insist that, for the duration of their contracts, Kolpak players relinquish their eligibility for their national teams.

Even so, 64 South Africans have resorted to Kolpak deals since Claude Henderson led the way in 2004. The UK’s strong currency, the superior professionalism of the county circuit and first-world living standards are the major driving factors. But some have sought to racialise the debate because selection for majority black South Africa’s domestic and nationals teams include a race component.

Some players have gone Kolpak in the autumn of their careers, others in the course of careers that were probably never going to reach the international arena. But a few have exercised the option in their prime, and after they have been blooded at the highest level. It’s those defections that have hit South Africa hardest, evaporating their pool of top talent and undermining trust in the system to retain quality players. The prime examples of the latter are Kyle Abbott, South Africa’s best bowler at the 2015 World Cup, and Duanne Olivier, who went despite securing a two-year contract with Cricket South Africa.

Others, like Simon Harmer, have been able to reach their full potential in England’s better resourced structures. Harmer took 20 wickets in five Tests between January and November 2015 before losing his place to Dane Piedt, who in turn was surpassed by Keshav Maharaj. Harmer first played for Essex on a Kolpak contract since 2017, and has been in the county championship’s top five wicket-takers in each of his three seasons. Last year he captained Essex to their first T20 title and finished as the first-class competition’s most successful bowler with 83 wickets at an average of 18.28. He was also the leading performer in South Africa’s first-class competition, for the Warriors, in 2018-19. No off-spinner in world cricket took more wickets than the 106 he claimed for Essex and the Warriors in 2018.

Like Kevin Pietersen before him, Harmer’s potential might have gone unfulfilled had he restricted himself to playing in South Africa — not because of any racially skewed political machinations but because English cricket is better equipped, in terms of finances, coaching and facilities, to bring the best out of players than any other country’s set-up.

Currently, Harmer is one of 17 South Africans who have Kolpak to thank for their county contracts. An 18th, Dane Paterson, is set to join them. Or maybe not. “He’s under contract with Notts, but it’s all on hold,” Brink, his agent, said, and cleared up earlier confusion by confirming that Paterson had indeed signed a Kolpak deal and not as an overseas player.

What with the uncertainty that has gripped world sport like the virus has the world itself, no-one knows when next counties, or any other teams, will play cricket. Nor whether signed, sealed contracts will need to be revisited or even cancelled.

Neither can we say that, once the Kolpak window has closed, the ECB won’t alter their rules to make provision for an additional foreign player on county staffs. Such contracts could well include a stipulation familiar to Smith and all cricketminded South Africans: that a certain category of overseas player will make himself unavailable for his national team. In the throes of so much change, so much could stay the same.

First published by Cricbuzz.

Paterson could become the last of the Kolpaks

“As a 30-plus year-old bowler you don’t have that many years left in you.” – Ashwell Prince sends Dane Paterson, freshly 31, on his way with a backhanded hug.

TELFORD VICE in Cape Town

DANE Paterson could become the latest and perhaps the last South African to take the Kolpak route out of the country’s cricket structures. Fast bowler Paterson, who has played a dozen white-ball internationals since January 2017 and featured in two Tests against England last season, is believed to be in discussions with Nottinghamshire.

“We’ve been informed he’s doing so,” Paterson’s Cobras coach, Ashwell Prince, told an online press conference on Monday, without naming the county concerned, when asked whether Paterson had agreed a Kolpak contract. “But he needs final boxes to be ticked by the ECB [England Cricket Board]. We’ve been told it’s going to be done.”

If the deal is sealed Paterson will become the 69th player to exercise the Kolpak option. Only 20 have not been South African. But the arrangement could be shortlived. The United Kingdom (UK) left the European Union (EU) on March 31, which spells the imminent end of the Kolpak ruling’s impact on cricket. Currently, the measure enables counties to thwart the England Cricket Board’s (ECB) rules on how many foreigners they are allowed to field. Kolpak privileges are extended to the citizens of the 78 African, Caribbean and Pacific countries whose governments are party to the Cotonou agreement with the EU. Essentially, Kolpak makes the citizens of 105 other countries — the remaining 27 in the EU and the 78 Cotonou signatories — English in terms of their eligibility to play county cricket. That will change on December 31 this year, which marks the end of the UK’s transition period out of the EU. So, unless the transition is prolonged, the Kolpak window will close at the end of the year.

But Paterson would seem to have a plan B up his sleeve. “He has signed a Kolpak deal effectively,” Cobras spokesperson David Brooke said. “He is just awaiting the final rubber stamp from the ECB. If Kolpak falls away then he will be playing as an overseas pro for the county. We have been requested not to mention the name of the County until Dane has had his final interview with the ECB to ratify it.”

The news has probably come as a surprise to Cricket South Africa, who it appears were under the impression Paterson had turned Notts down. But there is unlikely to be major disappointment about a player who turned 31 on Saturday leaving a country not short of fast bowlers. “As a 30-plus year-old bowler you don’t have that many years left in you,” Prince said. “I’m sure they sit down and calculate what realistic opportunities will they have of playing for the Proteas. If not, they’ll consider other options.”

Of course, all avenues for making a living by playing cricket — along with vast swathes of the global economy — have been thrown into doubt by the coronavirus pandemic. On Monday, Yorkshire revealed they had become the first county to furlough their players and staff. Salaries are covered for now, largely by the UK government’s job retention scheme, but the situation remains fraught with uncertainty. The most high profile Kolpak defector in recent years, Duanne Olivier, played his first match for Yorkshire in March last year.

First published by Cricbuzz.