Johannesburg – Former Proteas captain and 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.
Ntsebeza indicated that he was not in a position to make “definite findings” on allegations before him and recommended that further formal processes take place.
CSA apppointed Adv Ngwako Maenetje SC and Adv Michael Bishop to look into the matter and a full arbitration process took place, during which both CSA and 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, Maenetje and Bishop 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.
Chair of the CSA Board Lawson Naidoo says he was happy with the manner in which the issues were dealt with and resolved by the arbitration proceedings.
“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,” Naidoo said in the statement.
“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.”
The statement also said 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.
“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,” Naidoo said.
CSA also said they appreciate that it’s been difficult for 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.
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