Thursday, September 19, 2024

Cricket SA faces legal challenge for ditching David Teeger – Daily Friend

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South African non-profit Citizens for Integrity has filed papers in the Gauteng high court alleging that Cricket South Africa (CSA) erred in stripping David Teeger of his captaincy of the Proteas U19 cricket team in January because of “security concerns”, as the organisation had failed to consult its security advisers before making the decision.

Citizens for Integrity said in a statement that the CSA’s “’security concerns’ were unlawful, unconstitutional, and irrational”.

Eighteen-year-old Teeger found himself at the centre of controversy towards the end of last year after dedicating his Rising Star award at the Absa Jewish Achiever Awards to Israeli soldiers involved in the Israel-Palestine conflict triggered by the Hamas attack of 7 October.

The SA Jewish Report quoted Teeger as saying: “Yes, I’ve been [given] this award and, yes, I’m now the Rising Star, but the true rising stars are the young soldiers in Israel.”

His comments were objected to by the Palestine Solidarity Alliance, prompting the CSA board to appoint Advocate Wim Trengove to investigate. He found Teeger did not contravene any sporting codes of conduct.

In January, however, CSA opted to strip Teeger of the captaincy of the Proteas U19 team, citing “security concerns” arising from ongoing opposition to Teeger’s stance and the risk of protests becoming violent.

However, Daniel Witz, attorney for Citizens for Integrity, said this week: “We assert that the core issue in the Teeger case is that Cricket South Africa’s decision to remove him from the captaincy of the Proteas U19 cricket team was politically motivated, under the pretence of a fabricated security threat.

“This political decision undermined Teeger’s legal and constitutional rights but also jeopardised South Africa’s participation in international cricket.”

Witz added: “This decision impinged on the rights of all South Africans whose views may differ from those of the government. At its heart, this case concerns fundamental constitutional, human rights, and equality issues.”

In the papers filed by Citizens for Integrity, it is stated that Teeger’s father, James, spoke to Rory Steyn, CSA’s security advisor who oversaw security for the Under-19 Cricket World Cup. 

“In response to whether there was a likely security threat, Steyn responded to James Teeger that while the likelihood of protests was high, the SAPS and private security services were prepared.

“From a physical security threat perspective, Steyn advised Teeger that he believed that there was no physical security threat to his son, the rest of his team, any other team, or the tournament itself.  Steyn said that this view was shared by the ICC’s head of security with whom Steyn was working to ensure security for the tournament.

“Steyn noted that he was unaware of any security threat being raised in security meetings with SAPS and other organs of state and was unaware of any report highlighting security threats.”

Witz said: “CSA has failed to explain why a security threat was posed only if Teeger remained captain, but not if he remained a team member. Additionally, CSA did not outline any measures to protect Teeger and the team if such a threat truly existed. As the hosts and organizers of the tournament, CSA had an obligation to ensure the safety of their players, yet they failed to act appropriately.

“CSA’s decision not only embarrassed and humiliated Teeger, infringing on his rights and affecting his career, but it also violated the rights of all South Africans.”

Witz noted that in January, Citizens for Integrity’s legal team requested a full record of CSA’s decision-making process, including meeting minutes regarding Teeger’s removal from the captaincy, which he said CSA was legally obliged to provide.

“CSA has not complied. As a public body responsible for the welfare of cricket in South Africa, CSA is obligated to act within the law and uphold the constitutional rights of all South Africans. It is evident that CSA has failed in this duty.”

Witz concluded: “While reinstating Teeger to his former captaincy in a concluded tournament is impossible, we hope this case will result in a court declaration confirming that CSA acted irrationally and unlawfully. This would underscore the imperative to protect all rights and the freedom of speech.”

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