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SA yet to appoint judge for inquiry

Kamlesh Gosai

More than two weeks after the Hansiegate scandal rocked the cricketing world South Africans are still waiting for the government to appoint a judge to head the commission of inquiry into match-fixing.

After United Cricket Board managing director Dr Ali Bacher initially mentioned constitutional court judge Albie Sachs as the person he hoped would head the inquiry, the responsibility to appoint the judge shifted to the sports ministry and then to the justice ministry.

Paul Setsetse, a spokesman for the Justice Minister Penuell Maduna, has been quoted as saying that they are in the process of appointing a judge while Graham Abrahams, the spokesman for Sports Minister Ngconde Balfour, maintains that the inquiry should be completed by the end of May. Abrahams also stressed that contrary to media reports Hansie Cronje will face a commission of inquiry and not a judicial commission of inquiry.

"The inquiry will be headed by a judge but it will not be a judicial commission of inquiry. This is obviously not the case at the moment. We are also not dealing with any specific judge at this stage. We have approached the Ministry of Justice to assist with the appointment of a judge. The minister will then consult our legal people and, together with the appointed judge, formulate the terms of reference," said Abrahams.

It has been reported that the United Cricket Board will not take part in the commission, but will be required to cooperate fully with it and have to ensure that its players attend the hearings.

A former chairman of the United Cricket Board's disciplinary committee, Ronnie Pillay, who is a High Court judge, stressed that the judicial inquiry had other implications which could lead to recommendations for prosecution, and adopted a more stringent line in comparison to a commission of inquiry.

"A commission is more informal. It is just to find out the facts. Thereafter a decision is taken whether to prosecute or pardon. There is more leeway in the investigation and access to information. It is not so much subject to the rules of a Court of Law.

"Usually in both cases the terms of reference will ask that the chairman and the committee write a report on the facts found and the recommendations they have," said Judge Pillay.

Spokeswoman for the United Cricket Board of South Africa, Bronwyn Wilkinson, was quoted as saying that it had not yet been decided whether the inquiry would be conducted in public. The question which remains is whether the inquiry will be open to the public or be held behind closed doors.