Cronje waits for judgement but could work for media

Pretoria High Court Judge Frank Kirk-Cohen has reserved judgement on Hansie Cronje's attempt to overturn a life ban imposed on him by the United Cricket Board (UCB).

After two days of legal arguments, Judge Kirk-Cohen said on Thursday: "Both counsels have very strong heads of argument which doesn't make my job any easier."

There was no indication when he would deliver his decision.

Ex-South African captain Cronje is attempting to overturn the ban imposed upon him after he admitted to the King Commission in June last year that he accepted around $130,000 from illegal bookmakers.

But it emerged on Thursday Cronje could work in the media - within certain limits.

Senior counsel Wim Trengove told the hearing: "Cronje is free to practise as a journalist by attending a cricket match as a spectator and then returning to his office to report on it for the print media. He can also work as a studio commentator."

But Trengove argued access to the media centre at a match was entirely at the discretion of the UCB.

"He may apply for media accreditation from the UCB, but the UCB have every right to refuse his request because journalists are treated as guests of the UCB.

"The media centre is also the property of the UCB and as such they can decide who may be given access and who may not."

WITHIN RIGHTS

Trengove also expanded on the point that as a voluntary organisation, the UCB was well within its rights to decide with whom it will or will not associate."

He agreed that banning Cronje along lines of race, sex or sexuality would be an infringement of his constitutional rights.

"But Cronje is being banned because he is a cheat," said Trengove. "Anybody of integrity has a right to decide who joins its ranks as long as it does not discriminate along lines of race, sex or sexuality."

Trengove also argued that even if the UCB had acted unlawfully, Cronje still had no right to demand that he be allowed to associate with the UCB and its affiliates because no contract existed between the two parties.

But Cronje's lawyer, senior counsel Malcolm Wallace, said his client was entitled to a hearing under the Code of Conduct of the International Cricket Council (ICC).

Wallace argued that although the ban was imposed when Cronje no longer had a contract with the UCB, his offences were committed while he was a player and subject to the ICC code.

"You cannot say that just because you can't prove the existence of a contract the UCB is free to abuse its power in any way it likes," he said.

In his concluding argument, Wallace indicated that Cronje did want to return to the game by playing in charity matches such as single-wicket all-rounder competitions.

"These are an increasingly popular way for charities to raise money," he said.

Mail Cricket Editor