Has the ZCU guaranteed its suspension?

[Occasional Fan]

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.

[Argy Bargy]

On what grounds should the ZCU be suspended???

The argument and allegation of rascism against the ZCU is baseless as there were three White players in
the Champions tournament. In addition two former rebels have been awarded contracts and are back
playing in the National League.
As stated before Zimbabwe is a country with a Black majority population and it's cricket team should reflect that.
Players like Heath Streak and Grant Flower are averse to the idea of playing under a Black captain with majority
Black and Coloured players.
Another former White player Bryan Strang is also back playing in the domestic league and is a strong candidate
for a return to the test side.
If the likes of Heath Streak and certain elements within the White cricketing fraternity had their way
all or most cricketing nations would be kept White!!!!!

[Occasional Fan]

Because it's in contempt of the ruling body for the international game, in my opinion.

[Occasional Fan]

The ICC has found no evidence of racism in Zimbabwe's selection policy, and apparently no evidence of the contempt which I suggested might exist in my earlier post. What the panel did find was unfortunate "recalcitrant and inflexible positions adopted by both parties whose attitude and stands before us reflect what has brought about these problems for Zimbabwe cricket".

Report from the BBC here.

Full report of the panel to the ICC here. (This is a long report, and, whatever one's views of the situation, rather depressing stuff. It seems clear from the report that the players' lawyer, Mr Chris Venturas, alienated the panel at an early stage, and the panel paints a far from glowing picture of his conduct in Section VII of the report. The panel also expresses dismay that the ZCU and its lawyers "took the bait" rather than remaining aloof. I'm not sure that anyone comes out of this with much credit. I only hope that Zimbabwean cricket can now move on from here.)

If you don't want to read the full report - it's taken me a good 90 minutes or so to skim it - the findings and recommendations are as follows:

(A) Findings

Our findings are as follows:

1. We do not find any evidence of racism within Zimbabwe Cricket within the period of 1st April 2003 and 1st July 2004.

2. Heath Streak felt compelled to write the letter dated 24/03/2004. In giving the Board an ultimatum that he would resign if his demands were not accepted, he put his own future on the line. He did this initially in the letter dated 24th March 2004 and repeated it in his telephone conversation with the MD which was reported to the Board on 2nd April 2004. He failed to appreciate the effect that his actions would have on the ZCU Board as a whole.

3. Heath Streak obviously did not anticipate (and was not advised) that given the ultimatum that he would retire by 5th April 2004 the Board would take the position that it had no option but to reject his demands and accept his retirement. They did precisely that.



4. The other so called "rebel" players mistakenly proceeded on the basis that Heath Streak had only said that he would "consider" resigning; they apparently accepted, without more, Heath Streak's assurance in this regard as is reflected in their statement dated 12th April 2004.

5. With the other players entering into the fray, there was a complete breakdown in the relationship between the white players and the Board, and the correspondence that took place was based on an action-reaction basis which made an already difficult situation impossible.

6. The ZCU policies for the integration of cricket in Zimbabwe are based on sound principles and are generally accepted by all stakeholders in Zimbabwe cricket.

7. There is discontent regarding the selection process. There are several regional issues. There is also discontent with regard to the functioning of some directors of the ZCU which needs to be seriously addressed by senior and mature persons such as Peter Chingoka and Justice A Ebrahim.



(B) Recommendations

Our recommendations are as follows:

1. There must be broad based selection in terms of the integration policy and without any regional bias.

2. The ZCU should take immediate steps to ensure that competent selectors are appointed, who should be hands on.

3. ZCU should immediately investigate and attend to the complaint that national selectors do not attend matches in certain regions.

4. ZCU should take steps to set up a players' association, if not already in place, and to provide for a players representative who shall act as chief liaison between the players and the ZCU.

5. Channels of communication between the players and the ZCU must be improved without delay so that all concerned are treated respectfully and act together in the best interests of Zimbabwean cricket.

6. The policy of integration should be implemented with tact and restraint rather than in an aggressive or confrontational manner and there should be uniformity in the approach of all members of the ZCU Board in this regard.

7. Criticism should be viewed in the right spirit and not taken personally.

8. A proper, clear and transparent grievance process must be put in place so that all stakeholders in Zimbabwe cricket can seek redress.

[Occasional Fan]

Ex-players speak out against ruling: Cricinfo report (19/10/2004) here.

Cricinfo commentary by the managing editor of Wisden (18/10/2004) here.

[Alison]

I'm thoroughly disgusted by this report, in my opinion it is completely exonerating the guilty party and by doing so it has made the ICC complicit in everything that the ZCU have been doing.

I'm sorry if this insults or upsets anyone, but I've had more than enough of reports which exonerate the guilty party this year!

[Pete]

Originally Posted by Argy Bargy

As stated before Zimbabwe is a country with a Black majority population and it's cricket team should reflect that.

No, the cricket team should reflect the best available talent, whether they're white, black or asian. If the ZCU are more interested in representing the majority race of the country then they've no place in cricket, let them do it somewhere else.

I don't care what the England players are, just as long as they're the best available.

[Argy Bargy]

Too late for sour grapes I'm afraid.The last bastions of White Rhodesian Rascist Imperialism have been vanquished.

There's now no way back for the likes of Heath Streak, Grant Flower and his cronies who have always resisted change.

Now cricket for Zimbabweans of ALL races can begin to develop.

Racial elitism in Zimbabwean cricket has finally been consigned to the dustbin of History!!!!!!

[Beny]

Originally Posted by Argy Bargy 21896

Too late for sour grapes I'm afraid.The last bastions of White Rhodesian Rascist Imperialism have been vanquished.

There's now no way back for the likes of Heath Streak, Grant Flower and his cronies who have always resisted change.

Now cricket for Zimbabweans of ALL races can begin to develop.

Racial elitism in Zimbabwean cricket has finally been consigned to the dustbin of History!!!!!!

Somebodys been listneing to far too much Mugabe rehtoric..

Now racial elitism is only in your sociaty... How wonderfull.

[Beny]

Argy Bargy it seems to me that there were blacks playing in the team from the time I can remember. But yet there are no whites in the team now and the ZCU has become a laughing stock easy beat. Even black players are unhappy with the situation (Hondo)... What's you're take on this?