The 95-page document detailing the findings of the arbitration hearing into allegations of racism against former national captain and Cricket SA director of cricket, Graeme Smith, is exhaustive as it is exhausting.
The allegations against Smith, made at the Social Justice and National Building hearings led by Dumisa Ntsebeza, were “tentative” and his recommendation that further investigation take place could not be ignored — for the sake of the game as much as Smith’s.
It was suggested that, as captain, Smith vetoed the selection of wicketkeeper Thami Tsolekile between 2012 and 2014 because he was black. Advocates Ngwako Maenetje and Michael Bishop investigated the issue in forensic detail and concluded that Tsolekile had good reason to feel aggrieved by his nonselection but that “… a retreat into pity reasoning is no substitute for careful analysis of the law”.
“It can be true both that Mr Tsolekile was treated unfairly, and that Mr Smith did not unfairly discriminate against him,” they write, noting that even Tsolekile accepted the “cricketing reasons” for the use of AB de Villiers in the Test team which enabled the inclusion of a seventh specialist batter in JP Duminy.
Cricket SA argued that the “cricketing reasons” were “pre-textual”, meaning untrue. At the time of Mark Boucher’s career-ending injury, Tsolekile was the best wicketkeeper in the country and should have been selected on merit, argued Cricket SA’s counsel, Tembeka Ngcukaitobi. The reason he wasn’t was that he was black — the “cricket reasons” were a ruse.
“There are two problems with this argument — it is inconsistent with the facts, and it fails to show causation,” the report says. The convenor of selectors at the time, Andrew Hudson, and fellow selector Linda Zondi said in testimony it was their belief that De Villiers should replace Boucher although Zondi later lobbied for Tsolekile’s inclusion but was outvoted by the selection panel.
The second allegation concerned Smith’s “refusal” to report to a black CEO (Thabang Moroe) when he was the director of cricket. The hearing noted that Smith had, in fact, asked to report directly to the board of directors rather than through the “filter” of a CEO.
“But the board was led by a black African — Mr [Chris] Nenzani. Seven of the nine members of the board were black. If Mr Smith was motivated by racism, why would he be willing to report to a predominantly black board, but not a black CEO?” the report concludes.
The third charge was that Smith’s recommendation of Boucher as head coach of the men’s team was prejudicial against Enock Nkwe. Cricket SA argued Nkwe’s possession of a level four coaching certificate made him better qualified for the position than Boucher, who had a level three qualification. The arbitrators noted that two of Boucher’s predecessors, Gary Kirsten and Ottis Gibson, also had level three qualifications and that international playing experience is as important as qualifications.
“While there were certainly flaws in the way that Mr Boucher was appointed, they do not establish unfair racial discrimination by Mr Smith against Mr Nkwe. The process that Cricket SA — including its employee Mr Smith — followed was patently unfair. It denied people the opportunity to even apply for the job, or for those who might be considered to convince Cricket SA why they should be appointed.”
But, “whatever the flaws in the process — and there were many — we do not believe they are evidence of a racist motive, rather than the consequence of delay and the perceived need to take urgent stabilising action,” the report says, noting that the England team were due to arrive in less than three weeks and the national team were still without a coach and support staff.
“Mr Smith did not only appoint Mr Boucher — he also appointed Mr Nkwe as assistant coach, Mr Zondi as convenor of selectors, and several other assistant coaches and managerial staff. All, save for Mr Boucher, were black. Mr Nkwe was to be groomed to take over from Mr Boucher [after the 2023 World Cup]. This does not fit neatly with Cricket SA’s claim that Mr Smith would prefer white coaches over black coaches because of their race.”
Smith boarded a plane for Mumbai on Monday night where he will soon be heard commentating on the second half of the T20 Indian Premier League. Before he left he said: “I’m grateful that my name has finally been cleared. I’ve always given SA 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.”
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