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Change of attitude made the difference

Paul Martin, in Cape Town

You can bet there's some fire behind the smoke when the new Judge President of the Cape Province, John Hlophe, reads out an article suggesting that the former Judge President Edwin King may be leading a damage-limitation exercise. That is what happened during the court case in which Live Africa Network News won the right to record and broadcast the King Commission's hearings last week.

Judge-President Hlophe was reading from the respected and relatively conservative journal Business Day. It intimated that the Commission was intended to uncover as little as possible but enough to give the appearance of genuine investigation.

Wasn't this allegation, asked Hlophe, exactly why the radio (and television) ought to be present: to let the public judge whether there was a cover-up or not?

At that point we were very sure we had won our case.

Since the microphones were allowed in -- and thanks to our lawyers, also the television cameras -- the quiet and apparently conspiratorial style of conducting the hearing, by lawyers, prosecutors, witnesses and Commissioner -- have been transformed. Suddenly, for example, the pussy-cat leader-of-evidence Shamila Batohi became what a local newspaper called "a tigress".

Cronje visibly wilted under the cross-examination. He even felt cheated. Had there been some cosy deal struck beforehand, which he felt was now not being honoured? At one point Cronje told Batohi that she had told him they were both "on the same side". In other words, that they were in cahoots? That's what it sounded like. Judge King was quick to interject with a joke, followed rapidly by another jocular remark by Cronje.

If I had a theory it would be this: the United Cricket Board, the government and Cronje all had an interest in internationalising the issues. Right from the start on April 12 the government started to deflect attention by blaming the Indian authorities for daring to bug a South African. United Cricket Board chiefly executive Ali Bacher chimed in: "How would the Indians feel if we tapped the phone of Sachin Tendulkar?" he asked rhetorically.

Then when Dr Bacher gave his evidence it was in front of television and radio because, said his spokesperson Bronwyn Wilkinson, "Dr Bacher has a lot to say on international cricket and cricketers."

Then the doctor administers tough medicine to a range of foreigners -- but not much about his own players.

The cameras and radio were then excluded again, and a range of players gave half-baked or naive testimonies, none of which were seriously interrupted by Judge King or his prosecutor.

Once live on air, the King interventions had venom. Cronje was warned he did not appear to be making a full disclosure, so Judge King's recommendations would probably become law.

Now that Cronje has left the box, there is a sense of anti-climax. The only free-to-air national television station ETV is not even broadcasting the evidence of Cassim and others. Live Africa is -- but then we would, wouldn't we?

I believe that the change of attitude from the government was signalled by Sports Minister Ncgonde Balfour. He told us on Thursday: "I cannot believe that the cricket officials did not know what was going on. They must take some blame. They must be called back to the stand and be grilled."

Could the minister now realise that, literally, the game is up? In the glare of publicity, the original aim has to be replaced with a genuine effort.

If so, we can thank the Cape High Court for insisting on the electronic media's Constitutional freedom to receive and impart information. That was indeed the biggest turn-up for the books.

(Paul Martin is rediff.com's correspondent in southern Africa. He is CEO and editor-in-chief of Live Africa and Sport Africa)

The Betting Scandal: The full story