No evidence of racism in ZCU

There is no evidence to support the allegations of racism made against the ZCU by a group of white players according to the inquiry conducted by India's Solicitor General, Goolam Vahanvati, and South African High Court Judge, Steven Majiedt.

"We do not find any evidence of racism within Zimbabwe Cricket ..." the Panel said in its report.

The Panel's report was presented to the ICC Executive Board today. The Board has accepted the report and noted the panel's findings and recommendations.

The Panel is also confident that despite the early end to the oral hearing phase of the inquiry, it believes that it has been able to get to the heart of the issues.

"We had every reason to believe that we would be able to ascertain the truth. We believe that we have been able to do so," the report says.

In making their findings the two Panel members noted the "complete breakdown in the relationship between the white players and Board" that has taken place following the departure of Heath Streak and the ensuing events which resulted in the current dispute between the ZCU and a group of white players.

ICC President, Ehsan Mani, said that the report was a vital piece of work in dealing with the dispute and should prompt people to reflect carefully on the allegations that have been made.

"These allegations went well beyond reflecting the breakdown in the relationship between a Board and some of its players that has occurred and invoked one of the most serious and damaging claims that can be made against an individual or an institution," said Mr Mani.

"In light of this report, I believe that anyone who has made these allegations, who has repeated these allegations, who has written, reported or published these allegations is now obligated to study this report and to respect and take heed of the findings of the these two independent and eminently qualified men."

The 73 page report deals in detail with the chain of events that resulted in the current impasse between the ZCU and the players to examine if there is any substance to the racism claims.

The Panel establishes that the breakdown came about following an ultimatum by former captain, Heath Streak, to the ZCU that he would resign if certain demands were not met. This threat was contained in his letter of 24 March 2004 and repeated in a telephone conversation with the ZCU Managing Director in which he said he would retire if his demands were not agreed to. These comments were reported to the ZCU Board on 2 April 2004.

"In giving the Board an ultimatum that he would resign if his demands were not accepted, he (Heath Streak) put his own future on the line," the report finds.

"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."

According to the report, the other so called rebel players then mistakenly proceeded on the basis that Heath Streak had only said that he would "consider" retiring when he had clearly given an ultimatum to the ZCU that he would retire unless his demands were met.

"With the other players entering 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," says the report.

"In the final analysis we are unable to find in these written statements any direct or credible evidence of racism on the part of the ZCU as an institution. In their written submissions the players contend that the ZCU's officials are guilty of failing to communicate with the players, failing to articulate the policies, failing to allow them to air their grievances etc. According to the players this `equates to racism when practiced as it has been over a period solely against a particular racial group'. The logic behind this argument is unacceptable."

The report finds that 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 but that there is discontent regarding the selection process and the functioning of some ZCU directors which needs to be seriously addressed by the senior and mature people within Zimbabwe cricket.

After providing its findings, the Report goes on to make the following recommendations:

After considering and accepting the report, the Board also considered a request by the players' lawyer for a new hearing into the allegations.

"In light of the correspondence last week from the ICC Chief Executive, Malcolm Speed, to the players' lawyer that highlighted that he had been given every opportunity to present any available evidence on behalf of his clients, the Board saw no reason to establish a second hearing into the same allegations," said Mr Mani.

Mr Mani said that it was now time to move on and for the other issues outstanding between the ZCU and the players to be resolved.

"With these allegations addressed by these eminently qualified men it is now time for both parties to move forward. A system of disputes resolution has been agreed between the ZCU and the players and it is important that this process proceeds to allow the remaining issues to be dealt with," said Mr Mani.

"What still remains is a very difficult dispute between the ZCU and certain players. The ZCU has today again confirmed its willingness to follow the process that was sought by and agreed with the players.

"The onus is now on the players to demonstrate that they are also willing to resolve the outstanding issues by committing to this disputes resolution process."

The report deals with all the allegations raised by the players and devotes an entire chapter to the conduct of the parties during the oral hearings in Zimbabwe which attracts strong criticism.

"One of the principal reasons why the conduct of this Inquiry became so difficult was the attitude initially adopted by the players and their legal representatives which was then reciprocated by the ZCU and its legal representatives," the panel says in its report.

"We were embarrassed spectators to squabbling between the lawyers which was more than just petty or personal."

Mr Mani also said that contrary to several media reports, former ZCU Managing Director, Vince Hogg, did not make a submission to the panel.

"After reading media reports that Mr Hogg wanted to make a submission, the ICC spoke directly to him to see if this was accurate. He advised us that he had no intention of making a submission to the panel and that the media reports were inaccurate," said Mr Mani.

A copy of the report, less appendices which are commercially confidential is available here