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Report: Paper reveal judge's findings in Etzebeth racism row

(Photo by Steve Haag/Gallo Images/Getty Images)

Former Judge Johann van der Westhuizen has found after conducting a thorough internal investigation that Springbok lock Eben Etzebeth is not guilty of either racism or assault. Etzebeth was accused of both after an incident last year at a Cape West Coast nightclub in Langebaan but has now been cleared of both charges.

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Although this decision was reached some time back SA Rugby was advised not to make it public at the time.

Van der Westhuizen has made the following findings in the case, which was revealed by the Rapport.

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      The report’s findings: He could find no grounds whatsoever to proceed with the charges; SA Rugby was advised to have a meeting with Etzebeth to discuss the consequences of these charges and how they could reflect on him; SA Rugby was also advised to have meetings with all Springboks to discuss this issue and how it could affect the public perception of them in the future.

      Following these discussions, SA Rugby has now declared the matter closed and does not see any reason to continue with the investigation.

      Due to the sensitive relationship between employer and employee, it was also heard that the sports governing body received legal advice at the time not to make the results of this investigation open to the public.

      Etzebeth’s attorney, Andre Calitz, has said they welcomed the clearing of his client’s name.

      “From the beginning, we’ve found it was unnecessary to change our case. Eben has not pleaded guilty at any stage to defamation or assault and has maintained his innocence at all times,” he said.

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      Calitz stated that it was just further proof of his innocence when he was informed of the findings of the investigation.

      SA Rugby did not make the findings of the report known to the Etzebeth camp at the time but Van der Westhuizen confirmed that both the police and the South African Human Rights Commission (HRC) also investigated the matter.

      However, HRC chairman Bongani Majola has stated that their Equality Court case is still pending until the hate speech charges against former broadcaster Jon Qwelane have been resolved. It is not clear when that will happen.

      According to a report, the National Prosecuting Authority (NPA) declared they haven’t decided on whether to prosecute Etzebeth yet.

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      Eric Ntabazalila, the spokesperson for the NPA in the Western Cape has said that the prosecutor for the case hasn’t indicated to him why there has been no decision in the case as it’s now been 11 months since this incident occurred.

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      BleedRed&Black 3 hours ago
      URC teams aren't proving Stephen Donald wrong

      Ok, one valid point in three.


      Comparing CC, with its third tier players, to SRP, dominated by NZ or England's EPL or France's Top 14, is just silly from a competitive and fan engagement POV. Fan base is determined by Pay TV subscriptions/viewing, not bums on seats. Has been for decades.


      Financial issues in general is irrelevant to the article, and my comment on the article. Dragging in this issue demonstrates how weak your argument is.


      I am however happy to admit that SA domestic rugby is in a radically better place now in the URC from a financial POV than it was in SR, and also from a fan POV. This is because it's 4 teams are playing and winning more games and getting in finals as well. Playing in a weaker comp has certainly given the SA teams a boost in money and popularity. The improved financial position is almost purely because going into URC has given all four ex SR/URC teams 18 scheduled games a year, plus the 4 scheduled games with European rugby, a more than 50% increase in exposure over SR's 14 games schedule, which has made the TV/Sponsorship rights much more valuable in SA. The secondary issue is the increased market size for sponsors when SA teams are playing in Europe, though that sort of thing tends to be overrated. NZ rugby is going through the process of establishing a proper structure for domestic rugby, with the provinces clinging mindlessly to the past, while the SR teams are trying to go full season. Interesting times for us.


      The thing for SA is the competitive side of all this, and therefore the politics. When SA stop winning world cups and the Springboks fall down the world rankings the URC will be blamed for being a distinctly lower quality comp than SR, as will playing 12 months a year in two hemispheres. Erasmus has done a brilliant job managing SA's impossible situation, but it will all eventually turn to crap because SA cant go full Northern Hemisphere and can't get into a quality comp at the 2nd tier. As the saying goes, people always overestimate the impact of change in the short term, underestimate it in the long term.


      NZ rugby will, in its stumbling, bumbling way, eventually give its SR teams a full season of games, subordinate the NPC in the process, just like SA has done, finally maximising SR’s financials and fan appeal. NZ will then have a proper structure and a high-quality 2nd tier comp, one that doesn't shred the players, unlike the TOP 14. When the Springboks start falling over, particularly at the RWC, comparisons will be made in SA, fingers will be pointed, and the consequences will flow.

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