CSA need Graeme Smith, who doesn’t need CSA

“We do not believe that the evidence suggests that he would have consciously appointed someone who he thought was not the best person for the job because of their race.” – the arbitrators on Graeme Smith’s choice of Mark Boucher as head coach.

Telford Vice | Cape Town

GRAEME Smith is frustrated. England’s untroubled batters untroubled are nudging, nurdling and occasionally nailing South Africa’s pace attack to all parts of Kingsmead. Smith knows what needs to happen, but he can’t make it happen.

A television commentator between stints behind the microphone, he is standing at the top of a flight of stairs outside the press box. And fuming about what he can and can’t see on the field. When another four streaks through the slips, the ball rushing to Smith’s end of the ground, Dean Elgar turns and jogs to do the fetching. Smith sticks out his chin and stands taller and broader to try and catch Elgar’s eye as he runs towards him. 

He does. With a motion that betrays the urgency of his annoyance, Smith rips his empty right hand through the motions of an imaginary off-break. Get a bloody spinner on! Elgar nods in agreement, but turns his palms upwards, tilts his head sideways in resignation, grimaces and shrugs. Dude, I’m not the captain. Neither are you.

It’s December 2015: almost two years after Smith’s abrupt retirement, which was announced during the Newlands Test against Australia in March 2014. Letting go is difficult when you’ve captained a Test team more times and won more matches — 109 and 53 — than anyone in cricket history, and walked away from it all, for reasons that had nothing to do with cricket, a month after your 33rd birthday.

So the fact that, eight years on, Smith has no formal connection to the game in his country should come as a shock. Especially as it didn’t have to be this way. From December 2019 to March this year, he was CSA’s director of cricket and instrumental in the resurrection that was required in the wake of chronic maladministration. Insiders talk with awe about the brutally long hours he put in to secure India’s tour last summer, which pumped millions into CSA’s coffers. But he has declined to continue the relationship, and within hours of the announcement of him being cleared on all charges in the arbitration proceedings CSA had brought against him he was on his way to India to commentate on the IPL. How did we get here?  

The Social Justice and Nation-Building (SJN) project was created by CSA’s previous board, a dysfunctional rabble led by Chris Nenzani who were ushered off the gravy train with government help in November 2019. Notwithstanding those dubious credentials, the SJN hearings exposed much about what was and continues to be wrong about South African cricket’s relationship with race and racism. The testimony there was and is vital in this ongoing conversation. But the report that resulted belongs in the bin along with that sorry era. It was an insult to the witnesses and a half-baked hodgepodge of allegations, untested assertions and potentially damaging conclusions. It’s 235 pages are worth exponentially less than the USD463,000 CSA spent on the SJN.

We can add as much as another USD127,000 to the bill. That’s how much, it is estimated, CSA could be ordered to pay in legal fees for Smith’s arbitration. In a 95-page award that was released by CSA on Monday, independent arbitrators Ngwako Maenetje and Michael Bishop — both of them advocates — Smith was found not guilty on all charges. The accusations were that, as captain, he was motivated by race to push for the white AB de Villiers to be picked ahead of the black Thami Tsolekile, and that, as director of cricket, race made him favour the white Mark Boucher over the black Enoch Nkwe as South Africa’s head coach. It was also allegedly race that made Smith, who is white, unwilling to report to the black Thabang Moroe when the latter was CSA’s chief executive. That, too, was rejected by the arbitrators, with costs — a figure that has yet to be agreed. All of the charges arose from findings made in the SJN report, which surely must now face being discredited.

Until Boucher’s playing career was ended by injury in July 2012 on the first day of South Africa’s tour to England, Tsolekile had seemed on course to replace him as Test wicketkeeper. Indeed, Tsolekile had been told he was likely to play in the home series against New Zealand in January 2013. But Tsolekile was not part of the squad in England, where AB de Villiers was, officially, Boucher’s back-up. Boucher’s injury meant De Villiers, logically, inherited the gloves. Tsolekile subsequently travelled to England as De Villiers’ understudy.

The arbitrators found that Smith, far from acting in a racist manner to keep Tsolekile out of the side, argued in favour of the inclusion of JP Duminy, who is brown, to fill the vacancy left by Boucher in the XI. That would lengthen and thus strengthen South Africa’s batting. In arbitrator-speak, there was a “non-race-based reason — a cricketing reason — not to select Mr Tsolekile”.

Tsolekile was a victim of the success of that thinking. South Africa won in England, becoming the No. 1-ranked Test team in the process, and kept the team who did so intact as far as possible. That meant Tsolekile didn’t play against New Zealand, nor did he ever add to the three Test caps he won in India in 2004. He was indeed hard done by in terms of his international career, but not by Smith on racial grounds. Also, while Smith’s input on selection was sought, he had no authority about who should play. 

The Nenzani board appointed Smith and gave him carte blanche about signing South Africa’s coaching staff. Smith’s appointment, initially for three months, was revealed by CSA on December 11 2019. Three days later, Boucher was confirmed as coach with Nkwe as his assistant. The positions were not advertised. Why the rush? The first Test against England loomed on December 26. Smith did not go against the terms of his contract with CSA in doing things this way, but that didn’t make it right. The arbitrators make the point that “the manner in which these appointments were made was clearly undesirable”, and that there were “certainly flaws in the way that Mr Boucher was appointed”. But — and this is what matters — “they do not establish unfair racial discrimination by Mr Smith against Mr Nkwe”. Smith “honestly wanted the Proteas to succeed and honestly believed that Mr Boucher was most likely to achieve that”. Here’s the clincher: “We do not believe that the evidence suggests that he would have consciously appointed someone who he thought was not the best person for the job because of their race.”

The claim that Smith didn’t want to report to Moroe because he is black is frivolous nonsense. No-one who valued their integrity and wanted to do their job properly would choose to report to a chief executive who wrecked almost everything he touched administratively and was duly fired for gross misconduct in August 2020. Smith was appointed by a majority black and brown board, served another black and brown majority board, and reported to a black or brown chief executive for most of his tenure. Smith called one of them, Pholetsi Moseki, as a witness at his arbitration hearings.

In a statement on Monday, Smith was quoted as saying: “I’m grateful that my name has finally been cleared. I’ve always given South African cricket my utmost, as a player, captain and administrator, over the last 20 years. So, to hear these baseless allegations of racism being made has been extremely difficult, both for me and my family. It has been exhausting and distracting, not least because South African cricket has also been going through a well-publicised rebuilding process which has required a lot of attention. I’m just pleased that we have now gone through a robust arbitration process before independent, objective arbitrators and I have been completely vindicated.”

In the same statement, David Becker, Smith’s attorney, slated “a multitude of opportunistic claims and insinuations made before the SJN which were not properly tested and were clearly false”. Becker blamed “a small group of disgruntled individuals with an obvious agenda to tarnish his good name and have him removed as the director of cricket”. He spoke of “vexatious claims and insinuations [that] were serious and defamatory” and said “Graeme has every right to feel aggrieved by these personal attacks”. Whether Smith would sue was not made clear.

None of which should suggest that Smith is a benign figure in this saga. He was born into a level of privilege that put him, from the beginning of his life, far further down the road towards success than most South Africans. Race was unquestionably the determining factor in giving him that unfair advantage. That is not his fault and it does not make him racist, but it does mean he has benefited from racism. Some in cricket who have worked with Smith — other whites, it should be said — consider him an elitist who is oblivious to what average South Africans go through daily. Again, that does not make him racist.

There should be empathy in all this for CSA’s current board, which has been in office since June last year. They inherited the SJN report, along with its faulty findings, and couldn’t very well ignore it. Instead they took the best option available and put it to an independent test, which it has failed dismally. That the same document will be central to Boucher’s disciplinary hearing in May is at once cause for alarm and a relief for his lawyers: if the report has been shown to be untrustworthy once, why not again?

But that is a different set of facts for a different day. While CSA are scrambling to find sponsors, stability and Smith’s replacement, he is on his way to the IPL, and probably not in economy class. Whether Smith is racist or not; a hard-working, skilled administrator or nothing more than a well-connected rich guy is, largely, a matter of opinion. Here’s the fact that matters today: South African cricket needs him infinitely more than he needs South African cricket. Not for the first time, Smith knows what needs to happen. But he can’t make it happen.

First published by Cricbuzz.

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Smith arbitration looms

“He looks forward to demonstrating through this impartial process that these findings are without merit.” – David Becker, Graeme Smith’s lawyer.  

Telford Vice | Cape Town

DISCIPLINARY action against Graeme Smith will start on Monday, CSA said in a release said on Friday. Smith, CSA’s director of cricket, has agreed to an arbitration process in the wake of findings made against him in the Social Justice and Nation-Building (SJN) report.

The report, which was released in December, implicated Smith and Mark Boucher in conduct that could be construed as racially biased. Unlike Boucher, who is a full-time CSA employee and will be the subject of a disciplinary hearing in May at which his dismissal will be sought on charges related to SJN findings, Smith is an independent contractor. Hence the difference in approach. The release said the arbitrators’ findings, which will be binding on both Smith and CSA, will be made public.

“The use of formal arbitration proceedings to deal with these issues is in keeping with CSA’s commitment to deal with the SJN issues in a manner that treats them with utmost seriousness but also ensures fairness, due process and finality,” the release quoted CSA chair Lawson Naidoo as saying.

“Graeme and his advisors have consistently voiced material concerns with the SJN process, in particular the tentative findings made against him,” Smith’s lawyer, David Becker, was quoted as saying. “He looks forward to demonstrating through this impartial process that these findings are without merit.”

The case against Smith is considered weak and ill-informed, and the process could be a waste of time and money because it is understood he will not seek to renew his contract when it expires at the end of March.

First published by Cricbuzz.

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Racism claims greet returning SA

“I fully respect the sensitivity around this.” – Mark Boucher on the SJN hearings.

Telford Vice | Cape Town

IF South Africa thought they had earned some rest, relaxation and rah-rah after almost two months on the road in which they won nine of their dozen completed games, they can think again. Instead, they’ve come home to a storm over deep rooted racism.

The hearings of CSA’s Social Justice and Nation-building (SJN) project, which started on July 5 and are set to continue until August 6, an extension from the original end date of July 23, have laid bare pain suffered by black and brown South Africans in cricket since the game was racially unified in 1991. That some of those fingered are in senior positions at CSA emphasises the seriousness of the situation. As none of those accused of racist behaviour have yet exercised their right of reply at the SJN, it would be unfair — not to mention legally actionable in countries outside South Africa — to publish their names in connection with the charges that have been made against them. 

But to deny the lived experience of witnesses who have mustered the courage to recount humiliating experiences for all to see and hear, often through tears, would only add to the wrongs that they have testified, under oath, have been done to them. There is no reason to dismiss as false the accounts heard so far, except in the case of would-be fixers who admitted their guilt after an investigation into the 2015 franchise T20 competition. They would now seem to be looking for salvation whichever way they can get it.

One of those ways has been to cast aspersions on the role played by the South African Cricketers’ Association (SACA), which paid the affected players’ legal fees during the scandal, and David Becker, who led successful matchfixing probes as the International Cricket Council’s (ICC) head of legal and assisted CSA as an external independent lawyer. 

Becker represents a range of figures in the game. Is there an argument that he has fingers in too many pies and is thus conflicted, as has been mooted by the failed fixers? “I’m like a doctor, an independent professional who people approach for advice from time to time due to my experience [of 20 years in sports law],” Becker told Cricbuzz. “The Law Society entitles me to provide that advice, except in certain cases where there is a direct conflict of interest with respect to a particular matter in question. If there are any issues regarding a particular conflict of interest, then the aggrieved party must raise it with me and with the Law Society. That is the recourse that they have.”

As for the non-fixers, why would they lie? Dumisa Ntsebeza, the senior advocate who is serving as the SJN ombud, has already said the question of reparations would not form part of proceedings at this stage. Justice can take different forms. Sometimes a sincere apology will suffice, other times stronger action will need to be taken. No-one could argue that racism has disappeared from cricket in a society that, 27 years after the country held its first first free and fair elections, remains wracked with unfairness and inequality.  

Certainly, the returning South Africans know they are in the spotlight. “I fully respect the sensitivity around this,” Mark Boucher said in Belfast on Saturday. “I am not going to give a knee-jerk response. I will go back home, assess the information that’s on the table, that’s available to me and I will reply respectfully and appropriately to all of the allegations, and at the right time as well. I need to get home and have a look at what’s been said and then I will come through with a response.”  

You wouldn’t have thought he was coach of a team that had just completed a 3-0 thrashing of Ireland in their T20I series. Only three times in their previous 10 rubbers, regardless of format, had South Africa whitewashed their opponents. That followed a shared ODI series against the Irish — one match was washed out — and 2-0 and 3-2 wins in Test and T20I rubbers in the Caribbean. The South Africans aren’t playing their most convincing cricket, but they’re winning.

But the allegations of racism are more important than events on the field, and should lead many to ask if this cancer is at the heart of South Africa’s failure to reach a final — nevermind win it — of a World Cup in either white-ball format. Disunity in the ranks is no foundation on which to aim for the top.

This lack of cohesion extends to the press, where a senior white cricket writer has been widely castigated as trying to launder racism clean after he said, on social media, that he was providing “context” to Paul Adams’ claim at the SJN that he was called “brown shit” in the dressingroom during his international career. Another veteran white reporter, in an exchange on a South African cricket writers’ WhatsApp group, rubbished attempts to explain what was wrong with all that as “woke moralising” and “a chorus of political correctness”. Several writers have since left the group.

The next few days of hearings will mostly feature testimony from figures little known outside their hometowns. But one of the most trenchant and steadfast critics of the state of the game in South Africa in racial terms will take to the stand on Monday. Ashwell Prince should be well worth a close listen.

First published by Cricbuzz. 

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Toxic inaccuracy blights SJN hearings

“It will no doubt be a painful process for those speaking about their experiences, and it may be an uncomfortable one for those against whom allegations are made.” – Lawson Naidoo, CSA board chair

Telford Vice | Cape Town

“NOT everything that is faced can be changed, but nothing can be changed until it’s faced.” James Baldwin isn’t often quoted in a cricket context. But the process CSA started last year doesn’t focus on cricket often enough.

Dumisa Ntsebeza, the senior advocate who serves as the ombud of CSA’s Social Justice and Nation-Building (SJN) project, used Baldwin’s words to frame what the project hopes to have achieved by July 23, when the hearings that started on Monday are scheduled to end. CSA expects a report, including recommendations, by September 30. 

Ntsebeza said 58 written submissions had been received; 11 from what he called “scene setters”, 23 from “players past and present”, and 24 from “cricket unions and other interested organisations”. Affidavits have been required by those who have given written testimony, while oral submissions would be made under oath.

But other aspects of the hearings would not stay within a strictly legal framework, as Ntsebeza explained: “The SJN proceedings are not a criminal inquiry, and as a result I will use the civil standard of proof in making my findings. I will make findings based on a balance of probabilities, provided that where a factual dispute cannot be resolved without cross examination, I may either allow cross examination, limited cross examination, or record the factual dispute without resolving it.”

The potential for conflict was made clear in an address by CSA chair Lawson Naidoo: “It will no doubt be a painful process for those speaking openly and publicly about their experiences, and it may be an awkward and uncomfortable one for those against whom allegations are made. Despite this, it is a necessary process if we are to heal and maximise our future potential. As the final terms of reference make clear, there is a need to ensure fairness for all participants — both those who make allegations and those against whom allegations are made. For this reason, those against whom allegations are made will be given notice by the ombudsman’s office and will have an opportunity to respond to the allegations made against them.”

Some of that unease was apparent in May, when the hearings were originally due to start. One reason they were postponed was that Ntsebeza was busy at the African Human Rights Court in Tanzania. But another was that problems with the envisaged process were highlighted by, among others, David Becker, a lawyer who represents Graeme Smith and CSA’s anti-corruption head, Louis Cole.

Smith’s appointment as CSA’s director of cricket is a bone of contention in black and brown circles in the game, while only one of the seven players punished for their roles in a failed fixing plot during the 2015 franchise T20 competition was white. Some of those players have since featured in the media proclaiming their innocence, have previously their guilt, and complained about the way their cases were dealt with. Becker, who had led successful ICC fixing investigations, assisted CSA as an external independent lawyer.

The SJN was established in the wake of Lungi Ngidi, in answer to a question during an online press conference on July 6 last year, saying South Africa’s players had and would address issues of racial injustice. That prompted a backlash from white former players against Ngidi’s stance — and a statement, released on July 14, from 31 former players and five current coaches, all of them black or brown, alleging they had been victims of racist abuse in South African cricket since unity was achieved at administrative level in 1991.

South African cricket is part what remains a deeply racist society, even though apartheid was defeated at the polls in April 1994. So there is no question the game was riddled with unfairness when racism was the law of the land. Cricket is still stuck with that legacy. For instance, only one of the country’s 13 grounds that have staged international matches since re-admission in 1991 is not in a historically white area.

Attitudes do not change easily given those concrete realities. So CSA’s efforts to correct the imbalance are often disapproved of by whites who, blind to their own undoubted and unearned privilege, see these attempts as the unnecessary politicisation of a game they politicised in the first place.

The SJN, then, is an important opportunity to move the conversation forward in valuable ways. So it was disappointing that the first person called to give testimony on Monday wasn’t someone on that page. Instead, Eugenia Kula-Ameyaw took the stand and made, under oath, toxically inaccurate statements. One was that the South African Cricketers’ Association paid players’ salaries, and that white players earned more than others. Both are blatantly untrue.

Kula-Ameyaw’s submission achieved little except to undermine the SJN’s credibility. Worryingly, her unexplained assertions went unchallenged, which will no doubt leave those implicated to clean up the mess she has made using, perhaps, legal action. The process might now have to go backwards to undo damage before it can make progress.

If Kula-Ameyaw’s name sounds familiar, it’s because she was part of the CSA board that performed dismally enough to be persuaded to resign en masse in October. Before that happened she engineered the placing, without proper approval, of a newspaper advertisement that cost CSA the equivalent of more than USD36,000. She was under investigation by CSA’s social and ethics committee because it was feared that some of her social media posts could have put her in breach of the directors’ charter. CSA has yet to reveal the outcome of that probe. 

Maybe the puzzle of why such a blighted figure was called as the SJN’s first witness is solved by the fact that she was instrumental in establishing the project and in Ntsebeza’s appointment as the ombud.

In cricket terms, what happened on Monday was the captain of a team called SJN taking a look at an under-prepared neon greentop and choosing to bat first, anyway. An hour in, they’re 17/4. Good luck.

First published by Cricbuzz.

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