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  • SuperSport Report

    Transféré par

    Mashadi Kekana
    2K vues51 pages
    Advocate Vincent Maleka was elected to chair the review and his findings and recommendations were delivered at the Multichoice offices in Randburg on Tuesday.

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    Advocate Vincent Maleka was elected to chair the review and his findings and recommendations were delivered at the Multichoice offices in Randburg on Tuesday.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    2K vues51 pages

    SuperSport Report

    Transféré par

    Mashadi Kekana
    Advocate Vincent Maleka was elected to chair the review and his findings and recommendations were delivered at the Multichoice offices in Randburg on Tuesday.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 51
    ‘ADVOCATE IV NALEKA SC ‘Thule Chambers Tot 11 217 5000 ‘aProtea Pace, Of Fredman Drive Fan $1 788.7198 / 0657586153 Sandon, 2196 Privat Bag 9902, Sandton, 2146 Inchon coco Dace 8 Sandon Square aejunezog Mr Dario Milo Webber Wentzel Atorneys Dear Dario, Re: Reportofthereview commlssfonad by SuperSpor | enclose a copy of my report on the review Ihave conducted. A signed copy of the reports avallable for collection at my office. In the ight of public concern arising from the allegations I have investigated, { recommend that SuperSport should seriously consider the release ofthe report, but not the bundle of documents which accompanied it, to the public, except aspects of the report that are confidential Te ‘Webber Wontzel Attorneys Report on thezeview ofthe altercation that tsar place at ‘Studs 1 of SuperSporton 19 May 20:8 a Introduction (On 19 May 2018 Messrs Ashwin Willemse, Naas Botha and Nick Wallet attended studio 1 at SuperSport to execute their contractual functions and ducies ag rughy analysts on vw Super Rugby snatches. Bou were ‘broadcast on live television. The first was the game between the Shari snd the Chiefs, held at Jonston Kingspai Stadlurs om 15:95, and the second was between the Lions and the Brumibies held at Bmerelds| Airline Park Stadium from 27:50, kickof. In both matches Ms Motshdis ‘Mohono was the anchor, and Mr Mandla Ntsibande was the sto producer For the most part, the estabilshed order of rugby analysis and commentary progressed furly well, and uneventfully. By the end of the analysis of the metch between the Sharks andthe Chief, the performance ofthe analysts, and ofcourse the anchor, impressed Nr Maleoim Russel, 3 broadcast and presentation advisor employed by SuperSport, who thers a ‘and then addressed a congratulatory email to all of them, recording their Impressive performance ‘A serious disturbance to the established order of rughy analysis and commentary took place Curing the post-match commentary of the maich between the Lions andthe Brumbies when Mr Willems walked off the set during the sudio live broadcast. Ho said on-air before he walle ofthat he ft undermined by his fellow analysts end audibly complainoé that they Sad patronised him, The text of MrWillemse's statement to offct ea fellowes “Lehn its important for me because, you know, Ive played this ‘game for along time. Like most like all of us here, ou know. As a layer # was labelled « ‘quota player’ for a long time. And Ive ‘earned hard, and worked hard to earn my own respect In this game, Se I'm not going to be patronised by evo individuals that have playet in an apartheid, a segregated era, and come and want co undermine, you know. And so think, I think, for me, Ive had my {alr sare, So can't work with people who wndesmine other people ‘And you know you ca st and you can laugh about it [te Mott Theteat ofthe ena rede allows = “This th flat te have done on ‘everyone nthe tom’ mal. tm no cot to Linleanpie ot or special racognion cose he work wa all rand exeplanck ‘Thedecaron and vibe had yourauden om certain pnedto Ul sats, Well don Congrtsatons. Mar ‘nterjection] but you know exactly what happened. It's fine, don't ‘mind being ridiculous. I'm glad it happens on air so people can see [Motskidis! Mohono interjection} because you wosit here. Noits fine” Mr Wilemse then proceeded to remove his lapel microphone and walk off the set of the studio, Mr Wilemse's colleagues then proceeded complete che broadcast in stud, ‘What fliowed thereafter was a public o:try broadly manifested on social mediz platforms, ‘There was widespread ateibution of racism by those who dissected the audiowisual footage of MrWillemse's conduct. A reasonable summation of the public mood atthe time is usefull essayed ‘by Professor Jonathan Jansen when he sid, nter alia, “The lve incident eaught on tape went viral on socal media and, true to form. many white South Aicans launched into Ashwin for being dlsrespecfl ard unfairly charging his corpresenters, ick Malet and Naas Botha, as being patronising bigots Bc South ‘Africans. in the main, instety expressed soldat with Asin ond even the new Minister of Sports woul, within hours, pe ous a statement of support while calling jora swift investigation.” ‘nals: "So far, black and white South Africans played dutifully to their Iistrical seript ~ blacks saw white racism, whites saw black ppetulance That split in opinion 1s not unexpected in our divided ‘country; the muck more intresting question ix Why do two groups of people storing at the some event on television ‘ee’ two completely diferent realities? Fowing from the pubic outer and afer th fallureofinteral attempts t9 resolve the issue, SuperSport decided to conduct ax: Independent review of| the cavse(s) ofthe statement andthe wallaway by MrWilerase. Ihave been recuested to cary out that investigation. My mandate is set out i inten terms of reference Included In the brief fom the instructing _atorneys, dated 25 May 2018, ‘have now concluded my investigation. In this report describe the model investigation | adopted, the fac revealed therefrom, my evaluation and analysis of information I gathered andthe fineings I make based on that Information, and also the recommendations I ike to SuperSport 142.35 of the terms of reference. ‘pursuant to paragraphs 23.4 a The report wi be accompanied by two bundies of documents of Informotion 1 considered for the purposes of the Investigation. The ‘a te opinion ples by Prolene Jonathan Jaen, eed “la your resents ‘Aarts loca Sriged by tase? polahed lathe Barnes Day Sion of 24 May documents include media reports on the incident, the curricula vitae of persons | terviewed and transcript of thelr version of events. ‘The methodology of tavetigatin Viewing of endo viewate "began by zeviewing the recorded audio-visual ofthe live studio broadcast rulating to the commentary and analysis ofthe match between the Lions and the Brumbies. The visual depicts three distinct segments ef the ‘commentary: 19. The firs isthe pre-match commentary. It was introduced by the ‘enchor, announcing that they will be crossing to thellvebroadeast fof the Lioss and Brumbies match “at quarter pest five this “afterncon’. 32, That announcement was understood by the analysts prevent in the stucto to imply tht there was ezough time forall of them te provide their pre-match analysis and commentary ofthe game. 93. 94, 9s, 96, Next, the anchor introduced topic for commentary. It elated to the changes made to the Lion's side, and invited the analysts’ vlows thereon MeMalett provided a detailed analysis on the changes, and his analysis proceeded fr approximately one minute. Thereafter, the anchor turned to hr Botha and invitee him to comment on te form of Mr Eiton Janes, who plas for che Lions, MrBotha nalyato againat the background of ive pletures from depicting the warm up by MrJantjes. Now and then. Mr Mllete would ad his views tothe points mace by Mir Botha, in ‘2 maner that revealed collegial conversation between them, ‘The inputs fem both takes about few minutes. ‘Then, the anchor suddenly announces that it s time to join the ive broadcast of she match atthe Emirates Airline Park stadium, ‘Throughout the pre-match commentary Ms Willemse did not have the opportunity to provide a pre-match analysis. He ta0d next to ‘2 touch-screen television monitor and listened t9 the analyses of his colleagues as they were led by the anchor. 97. 98, 98. 9.10, 7 | shall explain te significance of the pre-match studio broadcast in section © of this report, when I evaluate the conspectus of the Information before me, ‘The second segment of the studio broadcast was the half-tinne commentary. It too was introduced by the anchor by announcing the half-time score, and without delay invited MrWillemse to provide hs analysis ofthe match up to that point. MrWillemse immeditely provided his comments, both verbally snd by telestrating on the touch screen. As he teestrated, he ‘would play few videoclip ofthe match and invited rst Me Botha and later Mr Malle o analyse several taking pots ofthe game Both responded and Mr Willems le the analysis on the talking points Throughout the anchor was listening and the analysts wore ively engaged in the halftime commentary, which in all lasted for 3 ainutes 41 seconds. The halftime commentary was concluded when the anchor announced the return to the lve ‘brosdcast ofthe second half ofthe gare. ‘The chird segment was the postmaich commentary, Ageln, it was {ntracced by the anchor whe announced the final results of the tate, She turned to fs Willemse and soliced hi vows on one ofthe talking points ofthe second-half, and the performance of oui. 912 9a the teams. Mr Willemse stood nest to the touch sereen, and held ‘the running order in hs right hand He turned to Mr Botha and invited him to express his views. ‘Mr Botha declined the invitation, fore conceived and sad that he hnad already spoken much more during the eariler segments of te commentary, and that Mr Willemse should have 2 fair opportunity ‘tw express his views, ‘The response from Mr Willemse was that there was no need “to ‘petronise each other” an he ther invited Mr Mallet to express his Views on the gine. MrMallett took up the invitation and provided a detailed analysis ofthe secon¢ half performance. ‘At the end of Mr Mallets analysis, MrBotha chipped in to speak con & gamechanging event for the Lions, s high tackle by = rumbles payer om Mean whieh fe « econ yellow ant therefore a re card and its effect on te game. Once mare, the talking point was analysed with che assistance of the footage lipped from the caller brosdcast ofthe game. 10 94, Through her summation, the anchor Invited MrWilemse to ‘expres his concluding thoughts on the game. It was atthatpolat {in tine that Mr Wilemse uttered the statements {have described in paragraph 3 above, and walked off he set. The folowing part of the studio conversation reflects the change in the mood, thereafter “that was unfortunate because the match was gong so well andso was our comersation. Lote of player that have also done really recy well nts game a well fe would have been great hear Ash's thoughts expecially because the had so much to say regarding the match. It i an anfortunate way for ust end this, ur coverage, of he ve “Super Ruphy today. But gentleman as we close becuse we do still have alot of time.” 948, The anchor closed the proceedings by reflecting on the ‘unexpected tur of events and the unfortunate manner In whic the studi broadeast ea nd reviewed aucto visual of studio broadcast wich involved teal Darieipation ofthe same analysts ard aichor, to gain a cense of thelr -shuio working ré'atfonship, and to assess whether there is some evigance ‘which cold expisn the iacident of 19 May 2048, The stedio brosdczst of a ra 10 March 2018 ~ for the Super Rugby matches of the Sharks v the Sunwolves and the Lions v the Blues ~ was the only match in this batch ‘where Mr Botha, Mr Willemse and Mr Mallett all participated ss analysts ‘The audo visual of 10 March 2018 reveals a demonstrable animation by all avolvd and collegal participation in he commentary and analysis of the games. The studio setup was the same as that of 19 March the anchor was behind the desk and joined by Mr Malet, onthe immediate left and Mr Botha almost tothe end ofthe desk, and Nr Willemse was standing nex tothe touch screen television monitor and working onthe controls to lead discussions through clipped footages. From my consideration of the audlo visuals of 19 May and thereafter of 10 March 2018 there is no overt the conduct by Mr Mallet or Mr Botha that suggest unfair treatment directed towards Mr Willems. donot ind «pattern behaviour which could, over a span of time, lead toa bulla up (of 2 grievance which could provide a rescorable explanation of the Incident ofthe post match cormmentary on 19 May 2018, Tals ecehed video fotage ofthe SuperSport rugby analees and commentaries a the felowing ate: 24sarch 2016 when the pabe comprised Nola Neshinga (he ‘ce herein and Wisse 0 Xp 2010 sen th panel a ae Sp of tir Wtsings (Che anchor), Me Male. MeHanyaot "Shy Shimane and Weems and 24 age 2018 bere the pan! inuded Mi Moon (each), Mlle be Vio Mae andr Willers 13, a 15. u Inspection vastte (0n 29 May 2018 J carried out an inspection of studio 1 atthe SuperSport premises in Randburg, Johannesburg. 1 did so to galn an appreciation of fs of individuals who are critical to the studio the roles and responsibil broadcast and the interface between the anchor and analysts, onthe one hand, anc te production crew, on the ater. The inspection was led by Nir Thate Monae, the Sxecutive Producer for Rugby, and Mr Mandla Ntsibande, the Studio Producer for Rughy. ‘Te inspection tured out tobe valuable. Ieprovided a perspective oftine ranagement (not really apparent rom viewing the sudo visuals) nthe cffthe-culf decisions which have tobe made on time management, mainly by the production manager of the day (Mr Ntsibande on 19 Bey), that is necessary to seamlessly orchestrate live broadcast of a match(es) and stadium(s) and studio broadcast commentary, commercial and ad-breas, recall ané audio-video clips required by analysts for Important talking points for thelr pre-match, halftime and post-match analyses, and also communication between ctadio crew and the anchor and anclysts. ‘The Inspection and resuts thereof are aiso erucial Because they help provide char or reasonable answers to some publicly expressod theories ‘and specuictfons about the posibls causes of the Incident of 19 May 2036, 16. {refer to Uhose matters of speculation and explaln how the evidence 1 there from the inspection explains away those theories. (029 June 2018 {attended the rughy match ofthe Springboks and Baglend sat Emirates Airline Park Stadium. There, { viewed the live studio production and broadcast ofthe match In the OB Van. The executive Producer was Mr Monale and the studio producer was Mr Ntsibande. The frst hand experience of that production ard live broadcast gave me fnsght and firsthand understanding of she enormity ofthe task and tie management that is required in respect of the lve sports production decisions. Lntershee wlth rele players ‘The neat phase ofthe Investigation involved separate interviews with rale players, They took piece as follows: 173, On 31 Nay 2018 | interviewed MrBoths. The interview tole place for spproximately hours Mrocha gave useful ‘background information of his rugby carerjhis achievements a a player and thereafter as an analyst for SuperSpo. He slo gave etait cecount of bi version of the ineldent which le tothe valle ay. Leveiuate she version ofr Sot in scton Coftie 172, 173, 174 13 ‘On 4june 2018 f interviewed Ms Mahono who was the anchor on 19May 2018 The Interview lasted for about 3hours. She ‘explained her academic qualifications, generally and specially insofar as they related to the sport of rugby. She also indicated when ste began to anchor ive studlo broadcasts on rugby games, ‘nd ner roles and responsibies, 1 shall analyse the eect of the {input gathered from Ms Mohono in section Cof the report. on Sjme 2038 1 met MeMallett and interviewed him for spproxinately 3 hours. He too described his achievements in she sport ofrughy, both as a club coach here and abroad, and as a rational coach for South Altica and Italy. He explained when he Jolned Supersport as part of "the Talent” reeruted for live profesional commentary and analysis of rughy matches televised by or though SuperSport channels ‘Ms Nallet also explained how he prepares for ugby commentary, and how ie generally participates ir commentaries and analysis “vith his collegues. on Sfune 2018 I met with MrWillanse, The mesting was arranged ty me in discussion with Mir Wilemse beforeiend. He was cecompante y his family and legal representatives 176, 178, ue | was unable to interview Mr Willemse on that day because his legal representatives indicated, in the main, that the review process 1 was mandated to undertake was not the appropriate forum to ventilate the Issues relating to the incident of 19 May 2018, The meeting ended on the note that Mtr Willemse would confer with his legel team which would thereafter advise whether ‘Fe would agree to and take part inthe interview. (on my request, Webber Wentzel sought to establsin whether Mr Witlemse had made up his mind to participate tz che review process. The upshot of their correspondence and telephonic Aiscussion with MrWilemase's legal representatives over the period 7 fone to 14 June is that he coud not commit one way oF the other to the interview. ‘0m aS june 2018 MeWillemse’s attorneys directed a letter to ‘Webber Wentzel for my attention. In it they recorded shat ‘te Willems “declines the opportunity for an interview with re Reasons fr hie decision ae set extn thet letter. The ecsence of ‘he ceasons, co I plce them tegether from that eter are that the 428 May incident was roted in rac and he informed she CEO this submission to that effect 179, 1740, wai. 1s Inthe letter MrWillemse'sattomeys make it clear that he persists ‘with his view that racism was the cause ofthe Incldent and the narrative perpetuated by SuperSport that there was no racism reinforces his view and infingod his human rights and dignity ‘They speciclly reserve Nr Willemses sight to redress that infringement in an appropiate forum. | Include a copy ofthe letter inthe bundle of documents which accompany this report 1 should add that the legal representatives of MrWillense conceive the present review process as an attempt "to adminser balm fof some sore) to injuries inflicted upon Mir Willems’ rights tea dgnigyand notte dserminated against based on the colour of his in’ 1 take note of the contens of the letter and regret he fact chat MrWillemse elected not to attend the interview and share Als version of events with rae. ‘This report is impoverished by the absence of Mr Willemse's version of events. He i aggrieved by what heppened on 19%y 2018 and considers racism to neve Inspired the conduct oThis colleagues 2 In the absence of a version from HeWillemse, | considered it sppropriate to solicit asslstance from an expert in race velations, to help me assess whether the conduct of Messrs Bota and 3744. amas. 16 Mallett manifest overt or subtle forms of racism or unfair professional treatment of MrWillemse. Webber Wentzel procured the services of Prof Adam Habib who has writen and opined extensively on mates of racism and race relation. | shall ‘explain the assistance I obtained from him in discharging my mandate at paragraphs 47 to 49 below. ‘On 8 june 2018 | separately met withthe chief exeeutve officers of SuperSport and MultiCholee, Mr Gideon hobane and Calvo Mawela, | interviewed them inthe light of 2 fint statement they released to the media on 21May 2018 in which tho ‘communicated their conclusion, based on thelr internal review, ‘that they did not establish evidence of racism asthe cause ofthe Inckdent of 19 Nay 2018. 5 srvght Go establish fom them what Information they had procured and how 1 was obtained io justify thei conelesion ‘They explained that on Monday, 21 May 2028 they met separtely with each individual who wos part of the studio brosdeast of 19 May, including Messrs Willemse, Both, Mallett and onsle 33 wellas Ms Mohono, ‘A the end of the separate meetings, they convenes a joint meeting ‘in whiea these participants ware presert and ennveyed thelr 1716. aay. 7 conclusion, based on the interviews held separately with them. ‘They then noted that they could not find evidence of racism or ‘conduct to that effect, and proposed that a joint statement be Issued on behalf fall the participants and SuperSport A draft statement was prepared for consideration by all concerned. MeWillemse objected to aspects ofthe statement. In ‘the end and in response to a question from: the mecta, Messrs Knobane and Mawela communicated their concusion to the redia, and indicated that there was no evidence of rai that could serve asthe basis of Mr Wilerase's walk off the st. From Tuesday, 22 May 2018 to Thursday, 24May 2018, MrWillemse met with the CEOs, Ar those meetings he indcated that there was raclm which led tothe 19 May incident. In the ight of his complaint of racism SuperSport and. Multichoice decided to institute the present review, ‘have now obtatned a copy ofthe draft statement and notes of ta eeting kept by Mr Nawela i say a litle more about the Information obtained from Messrs Wilerse, Bethe and Mallat ‘uring the interview by the CEOs, n section of thsrepart. 16, was, 1720, (0n 11 June 2018 interviewed Professor Habib. He had already ‘reviewed the audio-visual ofthe 19 May incident. He referenced useful literature on the test for determining subtle racism, and detection of signs ofsuch conduct 1 have no dificult in accepting the expertise and views of Professor Hab cm this fsue. He has written extensively on the controversial topic, has snalysed and expressed invaluable contributions on cases of rank racism and subtle forms of racism, wit reference to live examples in our country. {therefore rely on Prof Habib’ assistance n my analysis, ix section D of thisreport. ‘After the interview process, I proceeded ‘0 consider fiteraure on subtloties of racist conduct, Inching Information obtained from Professor Habip. The evaluation that follows is based on information 1 obtained cough the above explained process ofinvestigation, Anolysts ond erabwation “The running order rom niy tncerview with Messrs Monale and Wtsbunde established that theve is always thorough greparasion for the live bcvadcasts of rugby’ w ‘matches and live onsite and studio commentary Involving "Talent, during ‘each rugby season, Preparatory steps include the following 194, 192. 198, 194, ‘A workshop ts held before the commencement of each rugby season. There, a discussion of the proposed rugby programme and planning is explained to "Talent After the workshop the executive producer inaliss the rughy programme that wil guide the iraplementation ofthe broadcast. ‘The production manager decides which analysts and anchors should be palred together for studio or live broadcasts to provide their analyses and commentary. (on eack Monday preceding a Saturday of each broadcast, the studio/exeoutve producer distribute othe selected analysts and anchor a draft ofthe running order that wil guide the planned. broadcast The analysts and anchor review the draft running corer and make their inputs to the extent they s0 desire. The studio producer executive producer finclises the running order, having regard te inputs from the analystsand anche. ‘A final version of the runaing order is dstfbuted to e2ch of the perticipating enalysts and anchor by the Taursday preceding the Seturday ofthe broadcast. Each analysts expected and ought to 155, 20 prepare himself or herself for the broadcast, and will gonerally ‘conduct research of ths teams and players involved to guide their ‘analysis and comments on the day ofthe broadcast. ‘Analysts and anchors are expected to arive at the SuperSport premise at least an hour before the commencement ofthe studio broadeest for final prparation, including the make-up of thels faces, strapping ofthe microphones and sar pieces. At that stage there willbe a commos understanding of ow the broadcast will evolve in Line wit the running order. | have considered the running order of 19 Nay 2018. It details ‘ach broadcast activity and commencement thereof well as the duration ofeach activity, with reaorable precision. There could not have been any confusion or misunderstanding of what was expected from the analysts and the anchor during the lve studio broadcast ‘have raferenced the above preparatory work, the lavolvement of selected analysts and the anchor because | was informed by tr Khobane that wher be Interviewed bir Willewse on 21 May 2018, Hr Wlemse complained thot there were no rules regulating the conduct of the parties during the 1We broadcast and for that reason he walked off the set when he felt patronised and undermined by his fellow analysts. 1 later asseos the 2. 8. n Weight of this explanation, against the background of the above preparatory steps and other relevant information gathered from the nrerviews described above. Professional and persone! reationshty Dring ny interviews with the role players sought to establish the nature and degree af profession and persona! relationship between the analysts and the anchor, in order to asses whether there could be some prior professional or personal incident that could have given rse or contributed ‘tothe incident of 19 May 2018, From a perspective of personal relationship, {have established that Messrs Willemse, Botha and Mallett do nat have a mutual affection or ‘They erdinarily meet at the bond that approximates friends SupesSport premises when they fulfl thelr contractual duties. They exchange pleasantries and would shave jokes times, ut ina decent and respectful manner. “There is no incident of a personal nauure, such as an unresolved grudges, sesentment ot anzayance that! established ss ¢ goseble or reasoncbie ‘explanation for the incident of 19 May 2018 or asa causctive contributory fector ofthat netdent. 2, 25, 28. a From a professional perspective have established that all the analysts and anchor are highly knowledgeable inthe sport of rugby. The analysts, {in particular, have played or coached the sport at the highest profesional level and have achieved remarkable acolades during ther career. They are clearly proud oftheir achievements, | have also estabished that they treat their contractuel obligations seriously and present professional image and inputs consistent with he ethical norms of deceacy and respect. No dub each holds strong views and defends ther paspectives during their coptebutions. Although {4 not interview Mr Willemse { was informed by both Messrs Mallet and Botha that Mr Willetase was no push over, and would strongly vend his views whenever he differed with their views. ¥ should mention, at this stage that MrMalletz indicated that he and Mr Willemse were often onthe opposite side of te debates during match analyses and commentary. He felt more than once that they often contradicted each other. He referenced emails which he addressed to rmanagemeat of SuperSport whersin he requested that he should not bo rotated together with Mr Wilemse for live studio broadeast. For example, (on 6 October 2016 he wrote to Mr Scott Steward an Executive Producer at ‘SuperSport in the following sre, “1 realy enjay working with ‘Bobs ond Yo, Sent. They area real 27. 3 pleasure. Xolaasle very good questions and Bobs knows enough ‘about rugby to produce intersting clips for discussion. Unite with the complex Ashwin there are no agendas. 1 would be great Ashwin could be moved tthe morning show where we don't hve to work gether. think hetalls garbage, we leritate the hel out ofeach other andthe working environment is Just unpleasant and tense. am very happy t werk with Breyton ‘Shimmy or Bobs ns as, unlike with Ashwin, respec her hard work and rughy opinions. Perhaps you can keep raising ths with Thato and Alvin as things ‘nll not improve. Ihave tried hard enough for Syears! cheers ik ‘n 16 September 2017 Mr Mallett wrote to Mr Niaicom Rascal, wherein ‘ne (Hr Met) Indicated hovr well he worked with other collesgues such az "x" (fola Mtshings), Jeane Villers ond Sreytor Pause, Again, ox 24 Apal 2018 Mr Mllett wrote an emali to Messrs Mussel, Wonate and 28. 29. 30, ea ‘Alvin Naicker, recording the pleasure he experienced when he worked ‘with "Shimmy" (Mr HanyaniShimange), ‘There is no doubt that Mr Mallet felt uncomfortable in working with ‘NeWillemse, and expressed his preference to work with othr colleagues, including those mentioned in his emai. In section F of this report 1 set ‘out the conclusion I draw from this set of emails, in the light of Mediates version and also the version of Meithobane, when he Interviewed Mr Willemse who confirmed that there were disagreements ‘between them thet affected their working reationshin. Off ate events of 19 May 2019 Before the pre-match broadcast there was a collegial off air discession which took place, Mr Mallet referenced a est by Mr Willemse directed at him, Both appreciated the jocular effect of it, were amused by it and laughed itoff Nothing of consequence arises from this off ar incident. Befere the halftinse coramentary, Me Wallett stepped outside to buy coffee, Atthat stage Me Willemse was outside the studio having a smoke. Mr Mallet esked Mir Willemse whether he would eare fora cup of coffee or off the alr ineent cool drink. He declined the offer, ba gradously. reflects a senstble relationship between coleagues, atleast at that stage of she proceedings. 31 2 33, as “Then there was a more crucial ofthe alr incident that took place shortly before the commencement of the post match lve studio broadcast. Both MeBotha and Mr Mallett spoke about that Incident, and their versions corroborate cach other. They indicated that both of them felt concerned ‘that MrWilemse was not afforded time to express his view on the ‘ons/Brumbies match before the game commenced (due to a technical error when they all thought they hae! moze time than usual to discuss the snse should have snatch abeut to be watched) and indicated that = Wl ‘more time to do so when the post-match segment of the commentary ‘commenced. It was done in a jocular but fiendly manner Mr Botha confirms thet shorty before the resumption af the post-match ‘commentary he said to Mr Willemse: “Okay Ashwin, i's all yours", and then. laughed. He said they aways laughed and didnot consider what he sald or ‘the laughter tobe patronizing to Mr Willemse, MrWalltt recalls that he heard MrWillemse saying to Me Rothe that he ‘id not find the whole thing amusing, or words to that effec. i, Dir Seta, considered that as banter as they would sorsetimes cease exch other of air, tiowaver they didnot consider that Hr lense would be ‘angered by te offer made by Mr Bothe. Mr Mallett sald In chi ecmuext: “Wo, no I had absolutely when he said don‘ find this amusing’ en? Listen thought ewo things elther, because he dos the pulls 26 «strong face and he sys: "Tm warning you dont elk ome ike that’ and then he laughs So he hes an abit to laugh bock at you and tease you. he will ot laugh back at you bu take i take the {sh ori can be that Aso, he realy eros and angry and Im ‘bloody, Iwas ners that was Ashwin who was very angry and I on’ think Noos picked that up, I dont eink. Because 1 don’ think Naas, when he say ths Naas says twas sucha bloody narmal sort af oking he say no, no L sed up all your time and he's talking to him asa mate. He's talking to him as someone that you tease. that ‘you joke with and that you are completely = he is completely tmaware Hoos, that there is. possi chat Ashwin is realyongry Because fst ofall he dit apologise about i and secondly we all lmew that it was a timing mistake, So theres absolutely no Intention of Naas to undermine him. Absolutly 10056 not. And me laughing, 1 was actualy hoping that Ashwin was going to laugh back and say no well I didnt get alot of time. You know, but he Ald’, he reacted in a completely different way 34, MsMohono also confirmed the of-air banter. She sald the following: “u. Prior co all of that, prior to getting back on alr, Ym having & conversation with AJ [hir Anthony Jerome Banks, the studic irecor) who (8 explaining to me we are going to go with venue then sve are going to come back and then you must link to che 25. 35, w Sharks man ofthe match, While Iam tllng to Am hearing the banter betwoan these three: "No, no este we wll go with Ashwin first because he didnot have enaugh ime to speak inthe transtion time’ bu itis very okey, okey. And Yeon while Lam talking to 4] 1 am hear that Ache iritated by bythe okey nature of what they are saying and then he says something like: Oh I see you gs are patronizing me, you think es funny, but at te time Iam not realy thinking something serous i happening. Because the barter fsjus tha the banter, So when we goon ir here and go soaight to Astin and he throws straight othe desk “Hello* and then 1 ‘arn ke okay thsi serious 0 what happened, what gong on and thaviewhen the moment transpires” From the above it becomes immediatly clear that Mr Willemse used the ‘word “patronizing” during the off ai incident nhs conversation wih his colleagues. Neither Mr Mallet nor Mr Botha read much from the use of the word, They dd rot pick up signals of annoyance from Vir Willemse, for they thought his response to their offer tobe a joke, consistent with ‘their general off alrdispostion, In my view, thot off air incident explains why Mr Botha offored the commentary te Mr W'llemge when the post-match commentary began. It ‘also explatned why bir tllet inidally declined Mr Wlemse's invitation to take up the corainentary when SM Botha indicated that it wos the sme ”, 38, 39, for Mr Willemse to speak. because he (Mr Botha) had taken “all the time” Moreover, Mr Wilemse used the same word “patronizing” or its cognate, atleast twice during the on ar broadcast, when Messrs Botha and Mallett efecto his invitation to begin the post-match analyse hack to him, and laughed at the same time, He clearly felt undermined by them. shall express my conclusion on the signifcazce of this ofr incident or te contributory effect tothe live broadcast incident of 19 May 2018, In my view, there is clear connection between the offalr Incident which took place shortly before the live broadcast ofthe post-match commentary ofthe Lions/Brumbies rugby match and Mr Willemse's wal of the studio set Two critical factors lesd me to this conclusion. The first isthe repeated use of the word “patronizing” by Mr Willemse during the oft air Incident and live broadcast of the postimatch commentary, witen he addressed his fellow analysts. The second is his complaint that they should aot augh at him, He raised this complaint off air andor: {in the section that fellows, I set out the findings 1 make flowing from the we incidents, and other foctors on what Is the reacondéle explanation {or the 19 Way 2018 on-air incident. 40 a 2, 48, le willbe recalled that paragraph 2.1 of the terms of reference requires ‘Hat investigate and determine the causes of the statement and resultant walkout by Mr Willems. {start with the perception or belle that there was condsct motivated by ‘clam on the partof Messrs Botha and Mallets which used Mr Willems tomake the statement referred to in paragraph 3 above ard to walkoff the set on 19 May 2018. Its the logical staring poiny, inthe light of the nbsequent aitude adopted by Mr Wlllemse that there was racism which cused the incident. ‘Sciolarson the phenomenon of racism acknowledge tha tis a complex and enduring socal phenomenon, Iis broadly defined a “e phenomenon thee maintains or exacerbates avoidable and unfair inequalities in power, resources, or opportunities across racial ethic cultural or religious groups Insociegy"s Racist manifests sif at instistiona, interpersonal and individual levels. ‘At a personal level racism con be expressed through beliefs such as esa Walton ot ae Depends How Youre Saying I The Completes of ery acs, pubshed in nteracoal Journal of Conic and lees V0.7) 2013, page = negative oF inacurate stereotypes; or through emotion such as far or hatred; o through bebaviour or practice such as unfair treatment or ‘through unconscious bias” Scholars lz aleowledge thatthe old form of racism, manifested through naked or overt conduct, has now been replaced with new forms of racism, varlously called “evenday recisn “subtle racim’” or “contemporary racism ® ‘rom the media reports Ihave read and the wrttn tatoments made by ‘Mr Wilemse's legal representatives there f no suggestion that he alleged racism was institutional because it was structurally or cultural) encouraged by SuperSport I proczed to asses allegations of racism at a personal Yevel, and shall to that extent, assess whether the conduct of Messrs Botha and Mallet? during the of ir and on-air incidents of 19 May 2010 manifoct naked or eubtle raciem. 1 do not find evidence of naked racistn on the part of Messrs Botha and Mallet. Ny conclusion In this regard is based on the folowing considerations: [oot tal nap page 75 Coleen Sheppard “‘Instations! Inguaity and. Ojai publited tm Windsor eorocko Aces to fustice (2018) 303, page 1091120 FeievaLie ot al "Perception of Suble Rac The Role of Group Stas and Lagan tatopes” puted in Te Coaneeng of ychoagst 2086 Yat 42) Bar at age 239. 452, 453. n ‘What Messrs Botha and Mallett conveyed to Mr Wllemse during the offir incident was not based on a belle held by them of superiority, based on thir rae or skin colour, or cultural or soil ‘background. ‘They were motivated by a common concern that MeWillemse was not afforded enought to express his analysts, before the commencement of the live broadcast of the Lions/tirumbies rugby maten, ‘Both ofthem confirmed that they did not use or direct vert racist terms such as “quota ployer” wher they engaged MeWitlemse during the offi incident They als indicated that they di not reference their pas: backprcund and zchievemets in the sport of rugby during years of apartheldor sports segregation tn thelr off air conversation with Mr Willemse, ‘Second, there fs nothing in the audio-visval clip ofthe post match studio broadeast of 19 May 2018 which reveals utterances by Messrs Botha and Wallet: of naked racism directed towards MrWillemse, Ms Mohero heerd what Mesers Botha and Mallett ‘eld wp Mr Willemse. Nr Monale also heard what they caid during the live broadesst, Both MsHohone and Meonale @ regard or comsier the utterances of Mexsrs Ratha ond Malet ts ‘tr Wiemse cs being racist 2 454, Third, place weight on the cllective opinion af Ms Mehono and Me Monale. The opinion that there was no overt racism is held by persons across race and gender diversity who would ordinarily be sensitive to utterances that are overly racist. The fact that they «id nothold such an opinion is weighty enough, In my view. 485. Fourth, during his icervew with the CEOs of MultiChoie and ‘SuperSport on 23 May 2018 M=Wilemse was asked whether he considered the conduct of Messrs Bothr and Nalltt to be motivated by racism. MrWilemse indicated that he dé not regard thelr coaduct as racist. MrWillemse was also asked ‘whether he considered Messrs Hotha and Wallet tobe racists. He Indiated that they were not, n hi view. He was then asked whether he would be prepared to sill work with them. He ‘indicated a willingness todo so 456, ihhave no reason to doubt the sbove version as was conveyed £0 ne separately by the CEOs, Ido not have any other version from. ‘ir Willemse which casts doubt on the version of te CEOs. i accordingly accept that version. 45, Jaleo conclude thatthe conduct of hth hs sere Botas 2nd Mallett during the offair conversation with Mr Wilemsa and also during the live studio ‘yroadcast of the yostraatch commentary of the \ons/Srumbias rugby a. 3 smateh does not manifest naked racism and was not motivated by racist athens. | now tur to assess the more dificult question whether the conduct of ‘Messrs Botha and Mallett manifests subtle racism. 1 was assisted by Prof Habib ia answering this question. Prof Habib indicates that subtle racism may manifest itself in two ways, He says in this regard: “The second problem is, mare subtle versions of this and there are ‘wo subtle versions ofthis. One that is intended and one that isnot Intended. So, let me give you an example: One of the things that has emerged in South Africa, in South African lterature is the Importance ofa consciousness, its important for a consciousness of whiteness, There's a big literature that is. and the argument of this literature i the folowing: It says, chat you are not imply aware that you have to be conscious of what privileges you have, simply asa result ofa particular social history In which white was advantaged” In respect ofthe fist forn ef subtle racsr, Professor Habib suggests that lone at to cossider the question of malevolent intent of the person accused of racism. Where such intant is absert, then it wil be difcvit to condide such a persoa seted through or on the strength of subtle ream, 50. ey In respec ofthe unintended form of subtle racism Prof Habib suggests that the question of context, pattem of previous behaviour and a legitimate authority to make a judgment on that conduct becomes Important, {understand the question of the context and pattern of ‘behaviour as relevant factors ofan inquiry into the existence or absence of| unintended subte cis, 1 was unsure about the Uhl eonsideration relating to the legitimate authority to make a judgment. 1 asked Profabib to explain this consideraticn. And this ishow he articulated it: “teisabsolutely crucial and who makes this judgment call absolutely crucial because that’s why you . whats the word, the balance of power, You're displaying power but you want power to be ‘measured and balanced and who you choose is as important act In enabling balance tobe displayed. So that's how I come tothe hig, ‘ant. you're right there isn'ta need judge in implciness” Having regard to the guidance provided by Professor Habib | do not find evidence of intended subtle racism on the part of Messrs Bothe and Malet: Their conduct was not motivated by malevolent intent oF a desire to hurt Mr Wilemse. There isa rational explanation or justification for ‘hele conduct They regrete the fact hat Wllemca was nt forded 2 por opporsunty to exorees his commentary or analysis before the commencement ofthe Lions versus Brumbies repby match, and sough: 10 5h 52. 53 38 compensate by affording Mr Willemse the frst opportunity to comment ‘when the post-match segmentof the commentary commenced. ‘There is no suggestion, and I could not find factual indication ora bass for ts inference dat bots Mets Botha and Mallet had corordinated thelr conduct of air and conspiratortally repeated it on air inorder to belie, embarrass orunfsny treat Mr Willems by insisting that he should stert ‘or lead the post match commentary. On the contrary, Mr Mallet started with the pst match commentary, when Me Willemse invited him to do 2», second time around. Neither Mr Botha nor Mr allt was responsible forthe faure to afford 1M Willemsea prior opportunity for commentary or analysis ofthe rugby rmtch, Both of them, a did the anchor, laboured under the mistaken Ine tha there was moce time for all the analysts to stat thelr views ‘during the pre-matck commentary segmentof the live stuilo broadcast. ‘The frst segment ofthe commentary was orchestrated and directed by the anchor who started with MrMallett and thereafter turned to Mr Botha Ste wae cutof! by the studio producer when the countdown for lve broadcast ofthe match ook place. She didnot have enough tine to soli the views of adr Wilemse before the comraencement ofthe live broadcast ‘ofthe rughy match, sor indeed te tke the mate predictions from the analysts, as, Lws fnformed, she customary does 54, 16 ‘also do not find evidence of unintended subtle racism, having reyard ws considerations of context and pattern of behaviour. My conclusion takes {nto account the following objective considerations: 542, sas, ‘The mood of the day was fairly jovial, across all the analyst, particular as between Messrs Wilemse and Mallet. 1 have already referenced the joke exchanged by Messrs Mallett and \Willemse before the commencement ofthe rematch brosdeast have also referenced the pleasantry extended by Mr Mallett to oferta buy coffee oF a cool drink for Mr Willemse during the break, Secondly, was informed that there isa ul of thumb concerning the halftime commentary, That rule dictates that the anchor should immediately goto the analyst who is standing next to the touchscreen to lead the halésine commentary. The basis of thie rule gathered Is that there is not enough time to tin detaled commentary during that segment, and that the analysts have to canvass talking coins of the eugby match under time pressuve. (On 19 Nay 2018 Mr Wullerse was the analyst next to che touch screen, It wes therefore logical zhat he should lead the halftime ‘commentary. He did so and invited both Messrs Botha and Wallet to take the viewers tirough the tlkng points ofthe match, He 55, 36. sua, telestrated, and his fellow analysts expressed thelr view. There ‘was no indication of anger, annoyance or grievance which could be detected from the behaviour of Messrs Botha and Mallet, at least at thatpointin time, ‘Thirdly, 1 have not come across any pattern of behaviour Indicating that Messrs Botha and Mallett resorted tothe devie of faving Mr Willemse to speak fst, in order to undermine him, when they responded to is analysis, Ihave already aluded tothe fact that as analysts and profesional they expressed strongly held views and defended them, at times, Thats to be expected ia professional discourse raguiring a debate and jusificaton of ‘comments made. 1 therefore conclude that there was no subtle form of racism that motivated the conduct of Mr Willemse. ther possible canes | now turn so consider whether there are other possible causes of the statements made by MrWillemse and is walksway from the broad lven dhe surrounding circumstances. 7. 59, 60. 20 ‘There is a suggestion on social media that Mr Willemse spent mas of the time outside the studio during the lve broadcast ofthe second half ofthe Lions Brumbies rugby match and, for that reason he was unable to lead ‘the analytical discussion when the post-match commentary resumed. It is suggested that he was therefore not comfortable to accept the offer made ‘by his Fellow analyst to initiate and lead the commentary. ‘There is no credible information to support that suggesten, The Information t gathered indicates the contrary. For instance, MrBotha confirms that Mr Willemse was inthe studlo for the most part during the lvebroadcastof the second hal, He may have gone aut fora smoke break, but tht in that event it would be fora relatively short pesiod of time ‘Mir Mallet confirms that version of Mr Botha MrBotha also indlated that ie not unusual fran analyst to vakea short break during the broadcast of a live mate, oF to attend to other pecsonal raters such as answering # mobile phone during the broadcast. 1 find ‘that dere is nothing unususl oF untoward inthe fact that Mr Willemse nay have taken a shore break during the live broadcast of te second half ofthe rugby match | therefore conclude thatthe 19 May 2018 incident cornot be explained on, the basis of the suggestion or suspicion that Mr Willemse was, forthe most e, 38 part, not present in the shin when the sacond half ofthe mughy match ‘wae televised, ‘Ther is also a suggestion on social media thatthe 19 May 2018 incident ray reasonably be explained by reason of Mr Mallett’ earlier conduct ‘which coud be interpreted ae undermining Mr Willomse, Two previous Incidents of such conduct are raised 45 evidence to support that contention, The first is that at some occasion i Mallett corrected MirWillemse use of English. The second Is that MrMallett openly ‘suggested that Mr Willemse spoke “nonsense”, when he expressed a view that one rugby player qualified for selection forthe national team. Mr allt acepted that he corrected Mr Willemse's use of English on one occasion. He indicated that that is not unusual as he adopts the same stance in expec of ether fllow commentators across the clourine. He also indicated that on some occasions he would correct Mr Botha’s use of| the Bngish language. Ie a personality tralt which he developed from his father, who wat an eduestonalist, and was reiaforced when he ‘00 became an Englisi teacher, ir Botha accepts that itere and there Pir Mallet: would. corrector assist ‘him wit the use of Znglish language. He found nothing untoward about this, On te strength ofthis, Ido nct regard zhe conduct of Mr Mallett asa sign of covert or subtle racism. 6, 66, 67. Moreover, Mr Willemse did not raise the question of language, and in particular MrMallet’s desire t correct his fllow analysts for whom [English is not their fist language, asa reason forthe incident of 19 May 2018 during his interview by the CEOs on 19 May 2018. Mr Malletalso accepts that he did on one ocasion, express strong dissent from the view expressed by Mr Wilemse, and had used strong language, Which n retrospect may have been Inappropriate. Agzin, that was 2 once ‘off incident which occurred inthe past before the incident of 19 May 2018 Ihave already indicated that robust debate between professional analysts was part and parcel of thelr professional relationship. tn fact, Mr Monale indicated thatthe robustness ofthe debate between Messrs Willemse and alles, often when ie revealed the contradictory stance they both Aisplayed during the anaiyses was important to the studio show and enriched the commontary, tis for thet reason that they would prefer to rotate both Messrs Willemce and Mallet inthe same panel, despite the fact that Mr Mallett had previously complained to them and expressed the preference that he should he rotated away fom ir Wiiemse. Furthermore, of thie issue I cake into apccunt that bir Wilemse Is described by bis colleagues, nciuding Ms Mohono and Wr Mallet hms ‘2¢ a stong persoa who would stand his ground and cefend his lew 6a, 6, 79. a ‘This too may explain why he dld not ral this historic episode as an ‘explanation forthe 19 May 2018 incident in is iver views wits the CEOs. Finally, and on the assumption that Mr Willemse may have been afected by the above previous conduct of Mr Mallett, that on Its own would relate ‘to Nr Mallett and would not implicate Mr Botha because he was not party to those incidents. On the audio visuals of the incident, Mr Willemse

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