Let's start with a disclaimer here: I am not a lawyer. However, there's nothing like a relaxed and solitary lunch to start the brain whirring, and that's just happened. I wonder if the ZCU has not guaranteed its suspension from the ICC (or at least from the international cricketing programme) as a result of its actions at the racism enquiry today.

As I said in a post yesterday, it seems to me that the principles of natural justice would require that the ZCU, which stands charged with operating a racist selection policy, should be entitled to hear the precise charges which are being levelled against it and the evidence which those making the allegations wish to place before the enquiry. However, the enquiry, which is supposedly independent of both the ZCU and the ICC, has decided, for reasons which it has clearly stated, that certain ZCU officials should not be permitted to be present when certain evidence is presented. The enquiry has reached this conclusion after hearing an application by the witnesses concerned and a counter-argument by the ZCU's legal adviser. Without having heard the arguments in full, I would not like to say that the enquiry has erred in reaching its conclusion, so I will, for the remainder of this post, assume that it has not done so.

It now seems to me that there are a number of courses of action available to the enquiry and the ZCU:

1. The ZCU accepts the ruling and withdraws the officials who have been excluded. The enquiry continues, hearing evidence from both sides in the dispute, makes its findings and reports. This is the only way in which the ZCU stands any chance, I think, of being cleared of the charges which have been brought.

2. The ZCU refuses to accepts the ruling and withdraws completely from the enquiry, standing on a point of principle and refusing to present any evidence on its own behalf. The enquiry continues, hears only evidence from those alleging racism, notes that no defence is presented and finds the charges proven.

3. The ZCU refuses to accept the ruling and the enquiry subsequently abandons the process - which, it seems, is what has happened. At the very least, this must surely put the ZCU in contempt of the enquiry, and, by extension, in contempt of the ICC. The enquiry should, in my view, report as such. It has no power to hand down a sentence, but the ICC, which will receive the enquiry's report on 16/17 October, does. I find it difficult to see how, if the enquiry reports that the ZCU is in contempt of the ICC, the ICC would be able to avoid suspending the ZCU or at least suspending it from the international cricketing programme.

My feeling is that the ZCU is actually playing a fairly clever political game here, much as it did earlier in the year when it pre-empted the ICC by announcing its own withdrawal from the Test series against Australia just a day or so before the ICC was expected to consider suspension. At the time, the ICC removed the question of the ZCU's suspension from the Test programme from its agenda on the basis that there was no issue to consider. I suggested that this was simply a cop-out by the ICC at the time and said that the ICC should not let the ZCU keep hold of the initiative in this matter. The ZCU today is, in my opinion, taking a chance that the ICC will again sit on its hands at the 16/17 October meeting - this time on the basis that the enquiry which it has appointed has been unable to complete its work. If the ICC does so, it will once again have allowed a single contemptuous (and arguably contemptible) member to rule the roost.

The time for action is now. The ICC must, at its 16/17 October meeting, suspend the ZCU from membership.