Graeme Smith's attorney slams SJN process, terms it 'fundamentally flawed'

David Becker, Graeme Smith‘s lawyer, recently spoke about the Social Justice and Nation Building (SJN) report, which was released on Wednesday. He even went on record to say that the process had several “fundamental flaws.” The 235-page report stated that the former Proteas skipper had engaged in prejudicial conduct.

Becker even questioned the process undertaken by the transformation ombudsman Dumisa Ntsebeza, which he and Smith participated in. While Smith’s conduct as a player, and as director of cricket (DOC) of the former cricketer was questioned in the SJN proceedings, he faced several allegations from several people, including Thami Tsolekile.

Although he didn’t give oral testimony to the ombudsman, the 40-year-old did respond to the allegations with a written affidavit. The final report, however, found that he exhibited a racial bias towards black administrators at CSA, and had unfairly discriminated against Tsolekile based on race in 2012. Yet, his lawyer questioned the claims.

David Becker provides a counter-argument to the claims against Graeme Smith

Becker said that the claims were “without any basis”. “The ombudsman simply ignores the fact that Smith has worked quite happily and successfully under the current CSA Acting CEO Pholetsi Moseki for the last year. He has also worked collaboratively with three black CSA Presidents since being appointed in December 2019.” Becker said. He further addressed the claims that say his client’s appointments as DOC in 2019, were without following the HR procedure.

“As regards his appointment, Smith did not appoint himself,” the statement read. “The evidence clearly shows that his appointment was endorsed by the selection panel and approved by the entire CSA Board, CSA President Chris Nenzani, CFO Pholetsi Moseki, the Acting CEO, HR Head Chantal Moon, and Legal Officer & Company Secretary Welsh Gwaza.” he said. He also enquired about why the report made no definite findings and lists its outcomes as “tentative,”.

“For instance, how do you make far-reaching and public findings of racial prejudice against certain people and in the same breath say that they are ‘tentative’, as the ombudsman has done? How is CSA expected to implement those findings when the ombudsman has said, by his own admission, that he ‘cannot make definitive findings in an instance where the evidence of both the so-called victims and the alleged perpetrators was not tested ?” Becker said.

According to ESPNcricinfo, by labelling the findings “tentative,” the ombudsman has left CSA in a difficult position because it will be difficult for them to take action based on the report if it is not definite.

While CSA is aware of Becker’s statement, they do not have a response at this point in time. “Mr Becker is entitled to raise his concerns. As a board, we are still in the process of dealing with the report,” Lawson Naidoo, CSA’s board chairperson, told ESPNcricinfo. When asked about the relationship between the board and Smith, he said “Graeme remains an employee of CSA and will be treated as such.”