No legal basis to suspend Proteas coach Mark Boucher, CSA tells MPs

CSA board chairperson Lawson Naidoo briefed parliament’s Portfolio Committee on Sport, Arts and Culture on allegations of racism and transformation in cricket.

Boucher’s disciplinary hearing for alleged gross misconduct and racism will take place from May 16 to 20.

Naidoo told MPs that an independent counsel has been appointed to lead the disciplinary process.

“We received this report on the 10th of December by the 20th the board had met and decided to act on the findings of the SJN report and that appropriation action will be taken in respect to the head coach.

“Those charges were formulated in consultation with our legal team and given to Mr Boucher approximately two weeks ago. We have appointed an independent chairperson for that process, Advocate Terry Motau SC,  so the running of that disciplinary process is in the hands of Adv Motau and he has already decided that the hearing will take place from the 16 to 20 May this year, so that’s how that matter is being dealt with,” said Naidoo.

Naidoo added that  the board has no legal basis to suspend Boucher at this point in time.

“On the issue of the suspension or no suspension, I think it is important to state the board took legal advice as to whether that was possible, and we received legal opinions from two senior legal experts in labour law who advised us that there was no legal basis for CSA to effect precautionary suspension, either in respect of Mr Mark Boucher or in respect of Greame Smith.

“Having received that legal advice, the board took a unanimous decision that it would be inappropriate to do so because it would open unnecessary litigation on the issue of suspension, so the decision not to suspend him was the decision taken after due consideration of legal advice.”

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