Graeme Smith cleared all racism allegations, Cricket SA ordered to pay legal costs

South African great Graeme Smith (AFP)

• Graeme Smith has been cleared of all racism allegations Leveled against him.
• An arbitration award has ordered Cricket South Africa to cover all of Smith’s legal costs.
• Smith has not reapplied for his job as Director of Cricket, with the working relationship between the parties seemingly over.

Former Proteas Captain Graeme Smith has been cleared of all racism allegations Leveled against him by Cricket South Africa’s (CSA) Social Justice and Nation-Building (SJN) report.

The report, which was submitted after months of testimony in December last year, made “tentative findings” that Smith had engaged in racially biased and discriminatory behavior in his capacity as Proteas Captain and as CSA’s director of Cricket (DOC).

Advocate Dumisa Ntsebeza, who compiled the SJN report, concluded that Smith had displayed racially prejudiced behavior in his treatment of former team-mate Thami Tsolekile during their playing days, that he took issue with black leadership at the CSA before accepting the DOC role, and that there was a bias in his appointment of Mark Boucher as head Coach of the Proteas ahead of Enoch Nkwe.

The CSA then took Ntsebeza’s findings to arbitration, and on Sunday night, it was confirmed that two independent advocates – Ngwako Maenetje SC and Michael Bishop – had cleared Smith of all allegations.

The arbitration award also instructed CSA to pay Smith’s legal costs.

In the arbitration award, Adv Maenetje SC and Adv Bishop determined that:

1. There was no evidentiary basis to conclude that Mr Smith engaged in racial discrimination against Mr Thami Tsolekile during the period 2012-2014;

2. There was no evidentiary basis to conclude that Mr Smith was racially biased against black leadership at the CSA; and

3. 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 seeking to unfair racial discrimination.

The outcome will not repair the working relationship between the parties, however, as Smith has already moved on from his CSA employment after his contract concluded at the end of March 2022.

Widely praised for the work they had done as DOC in helping Restore credibility to South African Cricket following a period of administrative Turmoil, Smith did not reapply for his position.

“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,” a CSA statement read.

CSA CEO Pholetsi Moseki also thanked Smith for his contribution.

“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 the CSA during his term, “they said.

Lawson Naidoo, CSA Chairperson, commented: “The continent 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 continent that treats them with utmost seriousness but also ensures fairness, due process and finality. “

Proteas head Coach Boucher, Meanwhile, is also fighting for his job as a result of Ntsebeza’s SJN report, and will next month face charges of Gross misconduct that will see the CSA move for his dismissal.