Comment given to Sowetan

The FXI is deeply disturbed at Cricket SA's censorious disciplinary action against Mark Boucher, which is completely out of step with the South African Constitution and its guarantee of freedom of expression. Boucher has not relinquished his right to freedom of expression simply by being a member of a sporting code that requires its members to adhere to rules.

It is in the public interest that selections for national squads are debated fully in the media, as Boucher's criticisms - whether well placed or misplaced - contribute to debate about who gets to represent South Africa and who doesn't. Disciplinary action against players who say things that Cricket SA dislikes will interfere with the media's ability to promote debate, and represent an attack on media freedom.

But what this incident exposes is how outdated and retrogressive Cricket SA's code of conduct is. The code forbids players from making statements to the media that are detrimental to the game of cricket, or a particular match or tournament, or which are critical of or detrimental to the selection of any team or regulated match.

This provision is laughably unconstitutional. It makes it impossible for players to differ publicly with decisions taken by Cricket SA. Such suppression of debate will be to the ultimate detriment of the sport. What is also disturbing about this incident is that Boucher did not make a direct attack on Cricket SA; yet they has still taken umbrage at his very generalised statements. Being a member of a sporting code does not mean that they own you, heart and soul.

It is also possible, as has been speculated, that Boucher's criticism was an implicit criticism of attempts to correct the overly white complexion of the team. If this is the case, then South Africans have a right to hear his views, and if warranted, taken him on if his views question transformation efforts.

The FXI is disturbed at the growing tendency for public and private institutions to enforce disciplinary codes that ignore the fact that people have the constitutional right to freedom of expression. This problems cuts across a range of sectors, from health to local government to the banking and the retail sectors. The suppression of dissent wherever lt occurs seems to be a growing South African sickness.

This right is inalienable, which means that people cannot be contracted out of this right.

Cricket SA needs to appreciate that, if the disciplinary hearing goes ahead with the current charges, then Boucher will have a strong basis to challenge the legality of a decision that goes against him.