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Ok this discussion has now moved on from cricket and we wont allow it
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Racism in South African cricket
- Thread starter Abdullah719
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INDEPENDENT ARBITRATION PANEL CLEARS GRAEME SMITH OF RACISM ALLEGATIONS
JOHANNESBURG: Former Cricket South Africa (CSA) Director of Cricket, Graeme Smith has been cleared by two independent arbitrators of racism allegations against him, which emanated from CSA’s Social Justice and Nation-Building (SJN) process.
In December 2021, the SJN Ombudsman, Adv Dumisa Ntsebeza SC, delivered his report which made “tentative findings” regarding various persons, including Graeme Smith, but indicated that he was not in a position to make “definite findings” on allegations before him. The Ombudsman therefore recommended that further formal processes take place to achieve finality on these issues.
CSA duly followed these recommendations by initiating an arbitration process regarding Mr Smith before two independent and well respected advocates, Adv Ngwako Maenetje SC and Adv Michael Bishop.
A full arbitration process took place, during which both CSA and Mr Smith were legally represented. Witnesses were called and cross-examined by both sides and the findings and evidence from the SJN process were placed before the arbitrators.
In the arbitration award, Adv Maenetje SC and Adv Bishop have determined that:
There was no evidentiary basis to conclude that Mr Smith engaged in racial discrimination against Mr Thami Tsolekile during the period 2012-2014;
There was no evidentiary basis to conclude that Mr Smith was racially biased against black leadership at CSA; and
There was no evidentiary basis to conclude Mr Smith’s appointment of Mr Mark Boucher, rather than Mr Enoch Nkwe, as coach of the men’s Proteas team in 2019 amounted to unfair racial discrimination.
The arbitration award directed CSA to pay Mr Smith’s costs.
The full arbitration award, which runs to 95 pages, will be available at www.cricket.co.za on Monday, 25 April 2022 at 08h00.
Lawson Naidoo, Chair of the CSA Board, commented: “The manner in which these issues have been dealt with and resolved by the arbitration proceedings confirms 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.”
Naidoo added: “Now that finality on these processes has been reached, it is appropriate to recognise the extraordinary contribution that Graeme has made to South African cricket, first as the longest-serving test captain in cricket history and then as Director of Cricket from 2019 to 2022. His role as the DoC has been critical in rebuilding the Proteas Men’s team in particular and has laid a solid foundation for his successor.”
Mr Smith’s contract as the Director of Cricket ended, as per his original contract term, at the end of March 2022 and CSA has publicly advertised the position. Naidoo commented: “We fully appreciate that after his time as the DoC, Graeme wants new challenges in the commercial and cricket worlds. He has a long career ahead of him and we very much hope that he will still work in the cricket world in appropriate capacities going forward.”
CSA appreciates it has been difficult for Mr Smith to endure the unwarranted public disclosures of his personal information, including his remuneration, during the SJN process. CSA regrets that this occurred and wishes Mr Smith everything of the best going forward.
Pholetsi Moseki, the CEO of CSA commented: “On behalf of the Exco, staff and players at CSA, I would like to thank Graeme for all that he did as the Director of Cricket. He put up his hand at a particularly tumultuous period for CSA and he has often gone beyond his contracted duties to assist CSA during his term.”
JOHANNESBURG: Former Cricket South Africa (CSA) Director of Cricket, Graeme Smith has been cleared by two independent arbitrators of racism allegations against him, which emanated from CSA’s Social Justice and Nation-Building (SJN) process.
In December 2021, the SJN Ombudsman, Adv Dumisa Ntsebeza SC, delivered his report which made “tentative findings” regarding various persons, including Graeme Smith, but indicated that he was not in a position to make “definite findings” on allegations before him. The Ombudsman therefore recommended that further formal processes take place to achieve finality on these issues.
CSA duly followed these recommendations by initiating an arbitration process regarding Mr Smith before two independent and well respected advocates, Adv Ngwako Maenetje SC and Adv Michael Bishop.
A full arbitration process took place, during which both CSA and Mr Smith were legally represented. Witnesses were called and cross-examined by both sides and the findings and evidence from the SJN process were placed before the arbitrators.
In the arbitration award, Adv Maenetje SC and Adv Bishop have determined that:
There was no evidentiary basis to conclude that Mr Smith engaged in racial discrimination against Mr Thami Tsolekile during the period 2012-2014;
There was no evidentiary basis to conclude that Mr Smith was racially biased against black leadership at CSA; and
There was no evidentiary basis to conclude Mr Smith’s appointment of Mr Mark Boucher, rather than Mr Enoch Nkwe, as coach of the men’s Proteas team in 2019 amounted to unfair racial discrimination.
The arbitration award directed CSA to pay Mr Smith’s costs.
The full arbitration award, which runs to 95 pages, will be available at www.cricket.co.za on Monday, 25 April 2022 at 08h00.
Lawson Naidoo, Chair of the CSA Board, commented: “The manner in which these issues have been dealt with and resolved by the arbitration proceedings confirms 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.”
Naidoo added: “Now that finality on these processes has been reached, it is appropriate to recognise the extraordinary contribution that Graeme has made to South African cricket, first as the longest-serving test captain in cricket history and then as Director of Cricket from 2019 to 2022. His role as the DoC has been critical in rebuilding the Proteas Men’s team in particular and has laid a solid foundation for his successor.”
Mr Smith’s contract as the Director of Cricket ended, as per his original contract term, at the end of March 2022 and CSA has publicly advertised the position. Naidoo commented: “We fully appreciate that after his time as the DoC, Graeme wants new challenges in the commercial and cricket worlds. He has a long career ahead of him and we very much hope that he will still work in the cricket world in appropriate capacities going forward.”
CSA appreciates it has been difficult for Mr Smith to endure the unwarranted public disclosures of his personal information, including his remuneration, during the SJN process. CSA regrets that this occurred and wishes Mr Smith everything of the best going forward.
Pholetsi Moseki, the CEO of CSA commented: “On behalf of the Exco, staff and players at CSA, I would like to thank Graeme for all that he did as the Director of Cricket. He put up his hand at a particularly tumultuous period for CSA and he has often gone beyond his contracted duties to assist CSA during his term.”
Ozymandiasza
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Adams will not testify against Boucher and CSA drop the charges:
https://www.news24.com/sport/cricke...-boucher-no-basis-to-sustain-charges-20220510
Smith is cleared.
I hope the people that were calling then all sorts of names apologise as vigorously and quick as they resorted to insults.
https://www.news24.com/sport/cricke...-boucher-no-basis-to-sustain-charges-20220510
Smith is cleared.
I hope the people that were calling then all sorts of names apologise as vigorously and quick as they resorted to insults.
- Joined
- Oct 2, 2004
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- 217,977
Cricket South Africa (CSA) has concluded that there is no basis to sustain any of the disciplinary charges, including charges of racism, against Mark Boucher, the coach of the Proteas Men’s cricket team. The Board of CSA has therefore formally and unreservedly withdrawn all of the charges.
In December 2021, the CSA Board received the report from the independent Social Justice & Nation-Building (SJN) Ombudsman, Adv Dumisa Ntsebeza SC. That report made adverse “tentative findings” regarding Mr Boucher but because the Ombudsman stated that he was not in a position to make “definite findings”, he recommended that further formal processes take place to achieve finality on these issues.
In line with their fiduciary and legal obligations, the CSA Board resolved to institute formal proceedings as per the SJN Report’s recommendations, which would give all parties, including Mr Boucher, a chance to respond to the allegations and fully state their case. CSA was advised by external lawyers that the appropriate formal process to follow in respect of Mr Boucher was a formal disciplinary hearing in front of an independent Chairperson.
The charge sheet against Mr Boucher ultimately included the tentative finding made by the SJN Ombudsman against Mr Boucher, as well as issues arising from CSA’s own internal enquiry following the resignation of the Proteas assistant coach, Mr Enoch Nkwe. Advocate Terry Motau SC, a well-respected senior counsel, was appointed as the Chairperson of the disciplinary enquiry. After consultation with Mr Boucher’s legal team and considering the Proteas schedule, Adv Motau SC determined that the disciplinary hearing would commence on 16 May 2022.
The CSA Board has now taken the decision to formally withdraw all of the disciplinary charges against Mr Boucher. This includes the charges arising from the SJN report and the charges arising from the investigation following Mr Nkwe’s resignation. CSA has made this decision taking into account the following considerations:
Mr Adams recently announced that he had withdrawn from testifying against Mr Boucher during the disciplinary hearing. In doing so, Mr Adams stated that his concerns articulated during the SJN process were about the overall “culture” in the Proteas team during the early 2000s, rather than being about any particular player.
During the SJN process, Mr Boucher formally apologised to Mr Adams. After the SJN process, Mr Adams indicated to CSA’s lawyers that he accepts this apology.
Mr Nkwe decided that he too did not wish to testify against Mr Boucher during the disciplinary hearing. In doing so, Mr Nkwe stated publicly that he did not intend to take sides regarding Mr Boucher and that “whatever happens in that process, I hope the outcome will be the one that’s best for the game”.
CSA’s lawyers engaged with various other potential witnesses over the last month and concluded that the none of the three charges were sustainable.
The very recent ruling by Advocates Hamilton Maenetje SC and Michael Bishop in the Graeme Smith arbitration fortified the conclusion that the charges against Mr Boucher would be dismissed.
Having taken all of the above into account, as well as the advice of its external lawyers, CSA concluded that there was no basis to sustain any of the charges against Mr Boucher. CSA has therefore withdrawn the charges and will contribute towards his legal costs.
Lawson Naidoo, Chair of the CSA Board, commented: “CSA has at all times been committed to dealing with the SJN issues in a manner that treats them with utmost seriousness but also ensures fairness, due process and finality. The decision to withdraw the charges brings about finality on these issues for CSA and Mark and allows the focus to return to the cricket field – where we trust that Mark and the Proteas will go from strength to strength.”
Naidoo added: “The SJN process was never only or even mainly about the conduct of individuals. More fundamentally, it was about providing a platform for persons involved in cricket to share their personal experiences of racial and gender discrimination and to allow for a careful consideration of the systemic measures necessary to redress these issues going forward for the future. The SJN process has certainly achieved that and the Board is confident that the current team enjoys a culture of mutual respect and inclusivity. The Board will in the near future announce further systemic initiatives in this regard. The systemic learnings from the SJN process will provide valuable input into the values, behaviours, culture and strategy of Cricket in SA going forward and we thank all participants for their contributions in this regard.”
Pholetsi Moseki, the CEO of CSA commented: “CSA appreciates that it has been very difficult for Mark to deal with these charges hanging over his head over the last few months. CSA regrets this. CSA is also appreciative of the fact that Mark has at all times conducted himself properly and professionally – refusing to be drawn into public debates about the charges and carrying out his duties with commitment and dedication. The performance of the Proteas Men’s team over this period has been extremely impressive, particularly in the Test arena, and this speaks to the efforts of Mark, his support staff and the players.”
CSA and Mr Boucher have discussed the way forward and committed themselves to an open dialogue and engagement in order to promote the best interests of South African cricket so as to achieve CSA’s strategic goals of access, inclusivity and excellence.
Mr Moseki added: “We reiterate that Mark Boucher, Paul Adams and Enoch Nkwe all remain valued members of the CSA coaching fraternity.”
In December 2021, the CSA Board received the report from the independent Social Justice & Nation-Building (SJN) Ombudsman, Adv Dumisa Ntsebeza SC. That report made adverse “tentative findings” regarding Mr Boucher but because the Ombudsman stated that he was not in a position to make “definite findings”, he recommended that further formal processes take place to achieve finality on these issues.
In line with their fiduciary and legal obligations, the CSA Board resolved to institute formal proceedings as per the SJN Report’s recommendations, which would give all parties, including Mr Boucher, a chance to respond to the allegations and fully state their case. CSA was advised by external lawyers that the appropriate formal process to follow in respect of Mr Boucher was a formal disciplinary hearing in front of an independent Chairperson.
The charge sheet against Mr Boucher ultimately included the tentative finding made by the SJN Ombudsman against Mr Boucher, as well as issues arising from CSA’s own internal enquiry following the resignation of the Proteas assistant coach, Mr Enoch Nkwe. Advocate Terry Motau SC, a well-respected senior counsel, was appointed as the Chairperson of the disciplinary enquiry. After consultation with Mr Boucher’s legal team and considering the Proteas schedule, Adv Motau SC determined that the disciplinary hearing would commence on 16 May 2022.
The CSA Board has now taken the decision to formally withdraw all of the disciplinary charges against Mr Boucher. This includes the charges arising from the SJN report and the charges arising from the investigation following Mr Nkwe’s resignation. CSA has made this decision taking into account the following considerations:
Mr Adams recently announced that he had withdrawn from testifying against Mr Boucher during the disciplinary hearing. In doing so, Mr Adams stated that his concerns articulated during the SJN process were about the overall “culture” in the Proteas team during the early 2000s, rather than being about any particular player.
During the SJN process, Mr Boucher formally apologised to Mr Adams. After the SJN process, Mr Adams indicated to CSA’s lawyers that he accepts this apology.
Mr Nkwe decided that he too did not wish to testify against Mr Boucher during the disciplinary hearing. In doing so, Mr Nkwe stated publicly that he did not intend to take sides regarding Mr Boucher and that “whatever happens in that process, I hope the outcome will be the one that’s best for the game”.
CSA’s lawyers engaged with various other potential witnesses over the last month and concluded that the none of the three charges were sustainable.
The very recent ruling by Advocates Hamilton Maenetje SC and Michael Bishop in the Graeme Smith arbitration fortified the conclusion that the charges against Mr Boucher would be dismissed.
Having taken all of the above into account, as well as the advice of its external lawyers, CSA concluded that there was no basis to sustain any of the charges against Mr Boucher. CSA has therefore withdrawn the charges and will contribute towards his legal costs.
Lawson Naidoo, Chair of the CSA Board, commented: “CSA has at all times been committed to dealing with the SJN issues in a manner that treats them with utmost seriousness but also ensures fairness, due process and finality. The decision to withdraw the charges brings about finality on these issues for CSA and Mark and allows the focus to return to the cricket field – where we trust that Mark and the Proteas will go from strength to strength.”
Naidoo added: “The SJN process was never only or even mainly about the conduct of individuals. More fundamentally, it was about providing a platform for persons involved in cricket to share their personal experiences of racial and gender discrimination and to allow for a careful consideration of the systemic measures necessary to redress these issues going forward for the future. The SJN process has certainly achieved that and the Board is confident that the current team enjoys a culture of mutual respect and inclusivity. The Board will in the near future announce further systemic initiatives in this regard. The systemic learnings from the SJN process will provide valuable input into the values, behaviours, culture and strategy of Cricket in SA going forward and we thank all participants for their contributions in this regard.”
Pholetsi Moseki, the CEO of CSA commented: “CSA appreciates that it has been very difficult for Mark to deal with these charges hanging over his head over the last few months. CSA regrets this. CSA is also appreciative of the fact that Mark has at all times conducted himself properly and professionally – refusing to be drawn into public debates about the charges and carrying out his duties with commitment and dedication. The performance of the Proteas Men’s team over this period has been extremely impressive, particularly in the Test arena, and this speaks to the efforts of Mark, his support staff and the players.”
CSA and Mr Boucher have discussed the way forward and committed themselves to an open dialogue and engagement in order to promote the best interests of South African cricket so as to achieve CSA’s strategic goals of access, inclusivity and excellence.
Mr Moseki added: “We reiterate that Mark Boucher, Paul Adams and Enoch Nkwe all remain valued members of the CSA coaching fraternity.”
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Cricket South Africa (CSA) has noted the media interest and speculation regarding Mark Boucher’s position as the coach of the Proteas Men’s team. This follows CSA’s statement on 10 May 2022, in which it indicated that it had formally and unreservedly withdrawn all of the charges against Mr Boucher.
CSA wishes to confirm that:
The charges against Mr Boucher were unreservedly withdrawn, the effect of which is that Mr Boucher has been cleared of the charges against him, including the charge of racism;
CSA regrets that Mr Boucher had the cloud of the charges hanging over his head but is pleased that the matter is now resolved;
Mr Boucher has the support of CSA and CSA is confident that the Proteas team will continue to make strides towards building a culture of mutual respect and inclusivity;
Mr Boucher has confirmed to CSA that he intends to fulfil the remainder of his contract, which ends after the 2023 World Cup; and
CSA looks forward to Mr Boucher guiding the Proteas team to their first World Test Championship Final, in June 2023.
Lawson Naidoo, the Chair of the CSA Board commented: “We look forward to continuing to work with Mark into the future and we hope all South Africans can come together as one to get behind our team, which we know has the ability to reach the very pinnacle of achievement across all formats.”
CSA has explained its position regarding Mr Boucher’s disciplinary processes in the lengthy statement issued on 10 May 2022. CSA considers the matter now closed and does not intend making further statements to the media in this regard.
CSA wishes to confirm that:
The charges against Mr Boucher were unreservedly withdrawn, the effect of which is that Mr Boucher has been cleared of the charges against him, including the charge of racism;
CSA regrets that Mr Boucher had the cloud of the charges hanging over his head but is pleased that the matter is now resolved;
Mr Boucher has the support of CSA and CSA is confident that the Proteas team will continue to make strides towards building a culture of mutual respect and inclusivity;
Mr Boucher has confirmed to CSA that he intends to fulfil the remainder of his contract, which ends after the 2023 World Cup; and
CSA looks forward to Mr Boucher guiding the Proteas team to their first World Test Championship Final, in June 2023.
Lawson Naidoo, the Chair of the CSA Board commented: “We look forward to continuing to work with Mark into the future and we hope all South Africans can come together as one to get behind our team, which we know has the ability to reach the very pinnacle of achievement across all formats.”
CSA has explained its position regarding Mr Boucher’s disciplinary processes in the lengthy statement issued on 10 May 2022. CSA considers the matter now closed and does not intend making further statements to the media in this regard.
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