“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.