PODCAST | CSA says fair process is at heart of disciplinary action against Mark Boucher

In this edition of Business Law Focus, host Evan Pickworth interviews Cricket SA’s lead independent director, Steven Budlender SC.

With the announcement of a disciplinary process against coach Mark Boucher leading to a veritable cacophony of commentary, Budlender explains the sound legal and governance rationale for the decision, including why Boucher was not suspended.

He also provides important updates on further steps and action CSA will be taking following the completion of the Social Justice and Nation-building (SJN) hearings and submission of its report.

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December’s SJN report made tentative findings regarding allegations of discrimination and racism against various individuals involved in cricket, past and present, among others.

In releasing his report the ombud, advocate Dumisa Ntsebeza, indicated that he was not in a position to make “definite findings”, and recommended that a further process be undertaken in that regard.

As a result, Cricket SA appointed advocate Terry Motau SC as chair of the disciplinary hearing to test allegations of misconduct against the former Proteas wicketkeeper and current coach. The board said it was obligated to institute further formal enquiries into CSA employees, suppliers or contractors implicated in the SJN report, and the Boucher hearing was the first of those processes.

A charge sheet containing both the disciplinary charges against  Boucher and his rights was made available to him on January 17 and the misconduct hearing is set to begin on May 16.

The board has said it remained mindful of its duty to treat allegations of racism or discrimination with the utmost seriousness and in a manner that ensured fairness and due process in terms of SA’s constitution and labour legislation.