EXPLAINER | Everything you need to know about Mark Boucher’s Cricket SA hearing

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EXPLAINER | Everything you need to know about Mark Boucher's Cricket SA hearing
EXPLAINER | Everything you need to know about Mark Boucher's Cricket SA hearing

Africa-Press – South-Africa. Sport24 explains how we got here.

Why is there a Boucher hearing?

The former Proteas wicketkeeper was accused by former left-arm spinner Paul Adams of using the slur “brown s***” when a particular song was sung during team fines meetings around 20 years ago.

Adams was testifying at the Cricket South Africa Cricket for Social Justice and Nation-building hearings that took place last year, and was quoted as saying during his SJN testimony:

“I was called ‘brown s***’ and it often happened in fines meetings after we won a game, and there was a song that was sung; ‘brown s*** in the ring tra-la-la-la’… you just go along with it, brush it off, but it’s actually blatant racism.”

Adams said this during his testimony on 22 July and at the time, the Proteas were in Ireland taking part in a limited-overs tour.

What was Boucher’s initial response?

Boucher was on duty with the Proteas against Ireland as they won the T20 series, but drew the ODI series.

In light of the allegations that were made, this was Boucher’s response:

“Due to my commitments as Proteas head coach, and the fact that I have been out of the country throughout the SJN hearings, I have not been able to follow the testimonies that have been made and am, therefore, not in a position to comment on issues that have been raised,” Boucher said.

“At the moment, my full focus and energy is concentrated on the Proteas and the final match of their tour of Ireland tomorrow (Saturday).

“Once I have returned to South Africa, I will address any issues that concern me appropriately after I have had the opportunity to get a detailed account of them.”

Boucher then released release a statement where he apologised for his role in the ‘brown s***’ saga, saying he was part of the team at the time.

In his statement, Boucher wrote:

“I do not recall which ‘songs master’ initiated the song referred to by Mr. Adams, but I acknowledge that it has now become apparent from testimony of former team-mates that some of what happened at these meetings was totally inappropriate, unacceptable and in retrospect understandably offensive.
“While at the time we thought it was playful banter within a team environment in which we all participated as a normal part of team dynamics, I deeply regret and apologise for the part I played by joining in with my team-mates in singing offensive songs or using offensive nicknames.
“When I first joined the South African cricket team, we were all naive and not equipped to know, understand or deal with some difficult issues and situations that confronted us,”

he said.

“We are much wiser now and better equipped. I would like to think that, for the most part, the whole world is wiser. We can make amends and we can deal with these important issues better in the future.
“In closing, I acknowledge that certain occurrences testified to are true and that they are offensive; certainly with the lens that we use to assess such behaviour now. It was not the case at the time. We were young and lacked the maturity and consciousness to know that what we were doing was offensive. With the benefit of knowledge, wisdom and maturity, we should and would have done things differently.”

Boucher’s full statement can be read here.

What happened after this statement?

On the eve of the Proteas’ departure to Sri Lanka for a limited-overs tour in August, assistant coach Enoch Nkwe resigned.

In his resignation, Nkwe cited ‘concerns about the functioning and culture of the team environment’.

Nkwe had been a successful coach at the Lions before he was seconded to the Proteas in September 2019 after a disastrous Cricket World Cup in England.

With Boucher’s appointment in December 2019, he was demoted to the assistant coach position. CSA’s former acting chief executive officer Jacques Faul said at the SJN that Nkwe wasn’t happy that he wasn’t considered for the senior coaching position on a permanent basis.

“He was devastated and like with any person who is acting, you have an expectation to become the permanent person,” Faul said.

“He did convey that to me, but he said nobody spoke to him. He had a very good track record in provincial cricket, but he didn’t have a very good record in India.

“If I was going to pronounce that Nkwe was going to be demoted, he hadn’t even agreed to it. The situation could have been that we could have had a different assistant coach.”

When was Boucher charged?

During the ODI series against India that South Africa win 3-0 earlier this year, Boucher was charged with “gross misconduct” by CSA, partly for his alleged role in the racial discrimination experienced by Adams.

His charge sheet also included Nkwe’s abrupt departure, with the charges against Boucher being summarised as follows:

– Historically repeatedly used racist and/or offensive and/or inappropriate nicknames regarding a Proteas team-mate.

– Having had racist and/or offensive and/or inappropriate utterances drawn to his attention and failed to adequately and/or sufficiently and/or appropriately apologise for these utterances and/or acknowledge the racist nature of these utterances and/or hurt that they caused.

– Conducting himself in a racist or subliminally racist manner; and/or

– Conducting himself in a manner which is unbecoming of an employee in your position

– His conduct brought CSA into disrepute.

Who is representing Boucher?

Boucher is being represented by Mohammed Chavoos, who is based in Johannesburg and is a director at Norton Rose Fulbright.

The law firm describes Chavoos as a labour law expert with 18 years’ experience in employment law.

“Chavoos focuses on all areas of employment and labour law and acted as a Judge of the Labour Court on a number of occasions. Mohammed has served as the President of the South African Society for Labour Law (SASLAW) for two years,” the website said.

What can we expect from the hearing?

The hearing that will be chaired by Advocate Terry Motau SC and is scheduled to run from 16-20 May. It is expected some current national team players will be expected to testify, while a big if hangs over Nkwe’s availability to testify in the hearings.

What happens if Boucher is found guilty?
“The nature of your misconduct is gross and of such a serious nature to warrant termination of your employment,”

the charge sheet read.

“Your conduct has resulted in an irretrievable breakdown in the trust relationship between you and CSA. In the circumstances, the sanction of dismissal will be sought before the Chairperson of the disciplinary enquiry.

CSA received a bloodied nose when Graeme Smith’s arbitration went against them, and with Adams not testifying, the strength of CSA’s case is surely diluted here too.

Should Boucher win the case, he is contracted until the end of the 2023 World Cup.

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