INDEPENDENT INQUIRY FINDING
SA under-19 cricket captain David Teeger cleared of any wrongdoing over Israel comments
A 44-page determination into alleged breaches of cricket’s code of conduct and the Constitution after comments in support of Israeli soldiers made by SA under-19 captain David Teeger has cleared the player of any wrongdoing.
An independent inquiry established by Cricket South Africa (CSA) to investigate remarks made by South African Under-19 cricket captain David Teeger has cleared the teenager of any breaches of the code or unconstitutional actions.
After receiving the Rising Star Award on 22 October at the Absa Jewish Achiever Awards at the Sandton Convention Centre, Teeger (18), the head boy of King Edward VII School (KES), said the following:
“Yes, I’ve been [given] this award, and yes, I’m now the rising star, but the true rising stars are the young soldiers in Israel. And I’d like to dedicate it to the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora.”
Teeger’s words were reported by the South African Jewish Report on 26 October. This was flagged by the Palestine Solidarity Alliance (PSA), which lodged an official complaint with the South African Sports Confederation and Olympic Committee (Sascoc).
Teeger had been appointed provisional SA Under-19 captain for next year’s age group World Cup.
CSA aimed to determine whether Teeger had breached its code of conduct, or that of the Central Gauteng Lions, where he plays his under-19 provincial cricket.
Respected advocate Wim Trengove SC was appointed to lead the inquiry. In a 44-page adjudicator’s determination, Trengove found Teeger had not breached any codes or acted unconstitutionally.
“The Constitutional Court has made the point that the right to freedom of expression does not protect hate speech, but emphasised that the expression of unpopular or even offensive beliefs does not constitute hate speech,” Trengove wrote.
It leaves Teeger free to play and be selected for SA Under-19, placing the emphasis back on CSA as to whether they will still select him.
CSA had not made any comment at the time of publishing.
Tolerance
In his determination, Trengove deals with Teeger’s comments both in the context of South Africa’s Constitution and in the context of CSA and the Lions’ codes of conduct.
In both cases, he found Teeger’s remarks to be lawful, even if they were offensive to some.
“An important and necessary corollary of freedom of expression is its requirement of tolerance. The Constitutional Court recognised in Islamic Unity that right to freedom of expression is not limited to statements that are moderate and inoffensive but also extends to those that offend, shock or disturb,” the determination reads.
“The Constitutional Court has since then frequently reiterated the importance of this corollary. It, for instance, did so in the Democratic Alliance case.
“The court again emphasised the importance of freedom of expression and continued as follows: ‘The corollary is tolerance. We have to put up with views we don’t like. That does not require approval. It means the public airing of disagreements. And it means refusing to silence unpopular views.’
“As Mogoeng CJ has recently explained: ‘Ours is a constitutional democracy that is designed to ensure that the voiceless are heard, and that even those of us who would, given a choice, have preferred not to entertain the views of the marginalised or the powerless minorities, listen.’ ”
No code breaches
In terms of whether Teeger breached cricket’s codes of conduct, three aspects fell within Trengove’s terms of reference:
- Whether Teeger should be charged with “unbecoming or detrimental conduct”;
- Whether “his statements were detrimental to the game of cricket”; and
- Whether his statements were “detrimental to relations between the competing teams”.
On all counts, Trengove found no grounds for pursuing Teeger.
“I am of the view that his comments did not constitute unbecoming or detrimental conduct.” Trengove determined.
“Mr Teeger expressed views which are very offensive to some. But they are also views shared by others. Even if they could be said to be those of a minority, they cannot be said to be ‘unbecoming or detrimental conduct’.
“There is nothing unbecoming or detrimental about an opinion expressed seriously and in good faith, however offensive it might be to some.”
Read the full determination here.
On the second point of whether Teeger’s statements were detrimental to the game of cricket, Trengove concluded the following:
“Can it be said to be detrimental to the game of cricket if a player publicly expresses a controversial opinion on a matter of high public interest?
“It seems to me to depend on the circumstances. If a cricketer, for instance, abuses a cricket platform to propagate a controversial political or social cause, his conduct may well be detrimental to the game of cricket.
“That may be so because his speech purports to associate and align the game of cricket with a divisive cause. But Mr Teeger’s speech was different.
“He did not make it on a cricket platform. He made it at the Jewish Achiever Awards evening, that is, at a meeting of the Jewish community.
“He identified with them by speaking of his experience as a religious young sportsman. He thanked his fellow Jews for the award they had bestowed upon him. He dedicated ‘this award’, that is, the award bestowed upon him by the Jewish community, to the state of Israel and its soldiers.
“He was a young Jewish man speaking to his fellow Jews. It was clear from his comments that he did not purport to speak for cricket, cricketers generally or indeed anybody else.
“His audience certainly understood that his statement was a very personal tribute and not one made on behalf of anybody else.
“Mr Teeger’s comments were certainly not detrimental to the game of cricket in the eyes of his audience. Should he have guarded against the risk that his comments might become public and that others might find them offensive? I think not.
“He was entitled to assume that everybody would understand that his comments were made in a conversation with his fellow Jews. He did not purport to speak on behalf of cricket or cricketers generally.
“Others might find his statements offensive. But they would understand that the constitutional right to freedom of expression requires of us to be tolerant even of views that we find offensive.
“A minority opinion, sincerely held and honestly expressed on an issue of high public interest, but entirely unrelated to cricket, is not detrimental to the game of cricket in the eyes of those who respect Mr Teeger’s right to freedom of expression.”
The CSA said on Thursday:
“CSA has now received, considered and accepted the Trengove Report which finds that Mr Teeger did not breach the CSA or Gauteng Lions codes of conduct. CSA is grateful to all parties for cooperating in dealing with the matter with urgency and in good faith. We are indebted to advocate Trengove for providing his report ahead of schedule. CSA considers the matter as now being closed and will make no further comment.” DM
This article was updated at 10.32am on 7 December 2023 to include a statement by Cricket South Africa.
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Good. Common sense has prevailed. Finally.
Common sense by a respectable lawyer with common sense. Don’t expect CSA to follow suit.
As a South African I am ashamed of the PSA attempting to suppress the constitutional rights of citizens and then further attempting to destroy their livelihoods.
At last someone treating this matter with the respect it deserves
The right outcome. I disagree with the young lad’s comments but I support his right to speak his mind.
Dear David, I have found your comments offensive and clearly you have no understanding of the history of Palestine. So sad indeed! Your talent is tainted by your comment. Zero support and you start a career on such a bad and distasteful manner. Anyways I wish you well. Please revisit your history teacher and begin your learning again with the truth about Israel and Palestine. As a South African, I’m ashamed of your comments.
Do you support David’s constitutional right to comment freely?
Also, you’re effectively instructing him to go back to school? He’d likely be offending by your comments but maybe he has a thick skin, unlike many members of the commentariat.
Afzal, with a lot of knowledge of history of the conflict from the creation of Islam I am dismayed at the lack of historical knowledge and tropes that bedevil the resolution of this conflict. David probably knows a lot more about the history of Palestine than most of his detractors know about the history of the conflict. That would appear to be the case for most people who believe that the Palestinian narrative is the only one that deserves consideration. His talent is not tainted by his comment and he is young. He deserves a lot more forgiveness than his detractors have shown. His comments are not bad or distasteful on any measure compared to the calls by crowds shouting for over and over again for the genocide of the Jews. I am, however, pleased that you have wished him well. I am open to coffee and discussion if you’re ever interested.
Where is your humanity Sara?
Thousands of women and children being massacred by the IDF is not a conversation to be had over coffee. It needs an urgent intervention of a ceasefire to stop a possible genocide from taking place by the IDF.
The vast majority of the people in the crowds as well as nearly all human rights organisations are calling for a ceasefire and not the genocide of Jews nor are they supporting Hamaz.
You have to have blinkers on if you cannot see this.
You are by definition supporting Hamas by supporting a Ceasefire , the only thing that should be being called for is the complete surrender of Hamas , as soon as that happens the war will end immediately.
That is what the apartheid regime said of the ANC also … I think ? And what happened ?
The ANC werent violently murdering and raping civilians women and children.
“The ANC werent violently murdering and raping civilians women and children.”
Really? Maybe read up on uMkhonto we Sizwe, the paramilitary division of the ANC. They planted car bombs and burred landmines on farm roads. The apartheids regime did not listen to kind words and talking softly. So stronger measures where implemented.
The point is that when you oppress people then you force the oppressed to rise up in violence.
Interesting response and one that must be given due consideration. Any loss of life is not acceptable. Would really like your view on the way the 7 Oct massacre was carried out. Reported dismembering, burning, raping of innocent children and women just for being of the Jewish faith – is that acceptable in your eyes as a human being??
After the all the counter reports you still believe this narrative??? And in your eyes as a “human being” it’s acceptable to continue bombing a defenseless population, even bombing places where they were told to go???
Hahahahahaha
Great well thought out comment Ben, real food for thought.
No , after all the video footage(from hamas members) , images , eye witness testimony , the narrative is beleived, oh and all the actual dead dismembered bodies. What concrete evidence has been put forward to negate this ?
There’s the conspiracy theorist we have come to enjoy. JFK is still alive and Bill Gates implanted chips in all of us with the vaccines. Good luck in your alternative world.
“Dismembering, burning, raping of innocent children and women” is a crime against any population and not only of the Jewish faith and this is what the people of the world has expressed. The same persons have also expressed horror at the perceived genocide of women and children taking place in Gaza by the IDF.
No bias on your part then?
Typical response
Support for Israel is anathema to you
I bet you support Hamas
Speaks volumes
Sir, I don’t agree with your views but I respect your opinions and the manner in which your have expressed them.
Even as a supporter of the Palestinian State, I unfortunately have to agree that SA Cricket and Wim Tengrove have concluded this matter fairly and in the context of what our Constitution stands for.
Thank you for being honest and objective !
This finding by Wim Trengove clearing David Teeger of any wrong doing highlights what a great constitution we have in South Africa and the application of the Freedom of Speech. I support Teeger’s right to expression but I would caution the Jewish Board of Deputies from celebrating this decision as the speech by Teeger does not cast away the impression by the majority of South Africans that Israel is committing a genocide in Gaza.
Israel is NOT committing ANY genocide – if that’s what they wanted it would have been all over a month ago
The UN in 1948 defined Genocide as 5 acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group. Those 5 acts are killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. About the only thing we have not seen in this war in Gaza is deliberate birth control.
With the above in mind please explain your statement that Israel is not committing Genocide.
Read up on your international law, no genocide, no war crimes, doesn’t even come close to genocide which is exactly what Hamas wants to carry out
There intent is not to destroy the group though, their intent is to destroy Hamas . If they wanted a genocide Israel has much cheaper , less life threatening options (For its own soldiers).
Just release the hostages! Why is Hamas playing these games?
It’s not all South Africans that agree with Palestinian terrorists, it’s only the uninformed and ignorant ones. The fact the ANC supports Palestine is hardly something you should crow about, the ANC also supports Russia ( which murders innocent Ukrainians on a daily basis ), China ( which murders its own citizens ), Zimbabwe ( which is a corrupt, illegitimate and murderous state ) and dozens of other autocratic and oppressive regimes around the world. ANC support is not something to be proud of, it’s something you should be ashamed of. Palestinians are great at manipulating the media and lying about anything and everything to all and sundry, but they are really weak on the freedom of expression and innocent people’s right to life. Palestinians, like Islam as a whole, are very vocal about their own human rights which are supposedly being violated, but they show absolutely no respect for anyone else’s rights with their acts of terror and their constant lying. When Islam and Palestinians give respect they will receive respect, until then they should shut up and still down because Islam ( and by extension the Palestinians ) is the only religion in the world that advocates for the spilling of blood. The Palestinians vented hatred on the Jews with their attack in 1948 and now they are reaping the whirlwind.
About “manipulating the media” … so the Israelis (with massive and unlimited US support) have NOT being doing so ever since the ‘founding’ of the state of Israel … a product of the incest between ‘great’ Britain and US ? Remember at the same time this was happening Britain was ‘creating’ the then non-existent state of Pakistan !
Numbers 31:1-54, 1 Samuel 15:18, Deuteronomy 20:16-17 and more advocate killing and war in Gods name. Many other passages call for peace and non violence.
Islam is certainly not the only religion that calls for the spilling of blood. Just as with Christianity and Judaism quotes can be found in their holy texts calling for violence and others calling for peace and tolerance.
No sir. There is no text in Christianity that calls for violence. The passages you reference above are Old Testament historical texts. There is not one single sane Christian commentator today who would interpret theses texts as a call for killing and war in God’s name.
That’s Old Testament ( Jewish ) justice not New Testament ( Christian ) justice, clearly you don’t understand that Christianity differs from Judaism in significant ways, apart from the fact you don’t find Jews running around the globe causing wars, blowing people up and stabbing them, it’s only muslims ( who have their behaviour approved by the Mullahs ) that do that. Neither the Pope, cardinals, bishops, priests, rabbis, pastors, the Dalai Lama or Buddhist monks preach and sanction violence and bloodshed, it is ONLY ISLAMIC RELIGIOUS LEADERS that do that.
Totally agree with you!
I don’t believe the majority in SA think it’s genocide, horrible that the deaths and destruction are.
Dear Fayzal, please note, majority do not support Hamas and the terror they hay rained down on Isreal and not as a result of their murderous actions their own people. Sadly, you and many others are blinded by the wickedness of this world.
The rising tide of antisemitism reminds me of the 1920s and 30s just before 6million were exterminated…
I’m glad the judgement supported free speech, rather than “popular opinion”.
If I recall correctly Mr Teeger already expressed his regret. Adv Trengrove handled a conplicated matter with common sense. Mr Teeger is young and will learn from this. Something all the parties in the middle eastern conflict zone could not do, for hundreds of years. So lets hope that CSA will let this go as well, as well as all parties who want still want make this a political matter.
I hope among the things he will ‘learn’ is that in SA we had people during the apartheid era, who refused to be ‘conscripted’ into the ‘racist’ army .. and the price they paid for that principled stand . I remember Dr Ivan Tomms especially in that regard. As for ‘let things go’ … contrary to Harber and Trengrove’s stout defense of ‘free speech’ … there is a price to be paid to everything one does or says. I find it interesting that the advocate finds that expressing obnoxious views in some ‘situations’ … as not being harmful or worthy of censure . I guess its o.k. to express ones misogyny, racism, bigotry etc. … provided the ‘limited audience’ shares them ?
Common sense has prevailed. Whether one agrees or disagrees with his statements they in no way constituted hate speech and were entirely his opinion which he is entitled to.
As a Christian woman who married a Jewish man l have both seen and experienced anti semitism. I can only say what l said to one of the carers in the place where l live “Jesus was a Jew”. To my great amusement my remark was met with anger and denial!
That’s because Jesus was not a Jew. It’s well-documented. And please remember that the Jews don’t recognise Jesus as the Messiah.
Louise, Louise – was a carpenter from Nazareth not a jew? If that was the case why would he bother with attending a wedding at Cana, why did he refer to the “gentiles”, why did he tell his disciples to gather the lost sheep of the people of Israel? Time to spend some time thinking at not following all you read blindly. By the way if his mother was a jew, which she was, he was a jew- irrespective of his father.
Please read the article on Jerm Warfare “Was Jesus a Jew?”. I asked a very learned religious member of my family and he concurred with the article. I can’t put the link here because DM prohibit urls.
I have read the article on the Jerm Warfare website. I have googled this person and listened to some of the podcasts as well. This person is a right wing, homophobic, climate change denialist, Christian fundamental and anti women rights. Of course he will not admit that Jesus was a Jew – it goes against his religion. I found his podcasts with fellow right wing Christian fundamentalists extremely offensive.
Oh dear Karen G, your response reads like a proverbial “news” broadcast that ignores the heart of the subject at hand. Jerm isn’t even religious – he’s simply a critical thinker who digs deep into many subjects. I don’t always agree with him either but he’s absolutely not “right-wing”, not at all. Just because someone holds different opinions from you doesn’t make them “right wing” or any other pejorative term. The labels you use are straight out of the propagandist’s book so please Karen G, please think for yourself instead of regurgitating the rigid tropes that are just so last century now…………. thank you! xx
Where is it well documented Louise Louise?
Yes, He was and is a Jew.
Where documented….what was he then?
Of course Jesus was a Jew! He certainly wasn’t a Christian (followers of Christ were only referred to as Christians after the crucifixion) and he most definitely did not follow the pagan gods of the nations around Israel.
Unfortunately Mr Teeger will never be selected for any SA team in the future because of the anti-semitism prevailing in the ANC and CSA. He should pack his bags and leave for a country where his talents will be appreciated and rewarded as many other white cricketers have. Well done Mr Teeger.
Israel!!!
-The State Capture Report from Nov 24 has 52 pages. (“Progress Report on Implementation of President Ramaphosa’s
Response to the Judicial State Capture Commission.”)
-Teeger gets 44 for a Pro Israel comment proven to be his constitutional right.
I think this is why we don’t have a bright future here.
That decision is perfectly understandable. A Jew talking to other Jews about Jews in Israel is perfectly understandable. Nobody would challenge one of the Muslims for supporting Palestine, would they?
Good – and now CSA must act like grownups.
This should never have been an issue; CSA should have told the Palestinian bunch to go pound sand in the first place.
Free speech and breaches of cricket code aside, his comments supporting Israel’s soldiers are no different to someone expressing support for Hamas’s soldiers. By their actions both Hamas and the IDF are undoubtably pure evil and both deserve to be condemned not supported.
Sanity prevails.
Dear Mr Ray, You don’t allude to the, to me , very inflammatory remarks made by certain CSA executives and chairs of various cricket clubs cited in Trengroves inquiry which cast the CSA as a biased and partisan organisation which surely too needs some form of enquiry
Did you call for an enquiry into CSA (and other sports codes) in the apartheid era … or sorry … maybe you weren’t around then ?
How embarrassing for CSA, for the Government…..now will he carry on as a SA cricketer
Probably not. I predict he will end up as captaining either the English, The Australian or the New Zealand cricket teams in the future.
I am heartened to see that ,the majority of Commentators here share the same common sense as the adjudicators of this ‘case’ . Let us hope the SA goverment follows suit.
Good for him! What I love is that in his youthful naïveté, he speaks the truth. “From the mouths of babes…” And since he is still young and has the energy, he should leave this toilet of a country created by the ANC as soon as humanely possible. His skills will be welcomed in most civilized countries.
Fayzal you ask “where is your humanity”? The Syrian civil war of 2011created one of the world’s largest humanitarian crises, resulting in millions of refugees fleeing the devastation that has killed over 600,000 people. The U.N estimated countries such as Lebanon (1.1 million), Jordan (600,000), Iraq (250,000) all took in Syrian refugees . Turkey currently has 3.7 million registered exiles. Even Egypt gave refuge to more than 200,000 displaced Syrians. To date not a single voice has been raised to pressure any Arab country to offer sanctuary to their Arab brothers. Is the Arab world intentionally sacrificing their own to garner sympathy or to pillorize Israel? All doors closed to Palestinians in their hour of need, through their own regime’s purposeful doing. Where is Arab humanity?
Excellent outcome and in line with our Constitutional Court and constitution itself, which is one of the best if correctly interpreted. And I will now watch cricket again.
The narratives are just amazing – tainted glass hypocrites at their best and know it alls. As if their info is the only no – fake propaganda. I only ask this- if you kick a lion in the balls, don’t you expect to be bitten?
Love your last question! May I please use it?
Bravo David Teeger.
I totally support Sara Gon’s comments.
People should be free to make comment on what they, as an individual, believe in, without it becoming this huge issue. It’s disgraceful it even had to be investigated.
Jews get castigated for their rightful defence of their legitimate state, while hamas – who lack democratic legitimacy in Gaza and accept sponsorship by Iran (leaders in oppressing human rights and promoting terrorism in the cause of their jihad against the west – and others, call for “erasing Israel from the map” and use rape and savage brutalisation of women and children to promote their cause ….as their “followers” remain undeterred, nay emboldened, as they spew their populist distortion of facts ….HAMAS and IRAN started this war…now Israel will finish it…period.
This was a ridiculous case of “it ain’t News if it ain’t Jews”.
That this was even an issue is disgusting.
Had this been regarding support for Hamas, this would not have made the news.
Exceptional kid. Head boy of KES, captain of the u19 national cricket team. SA simply cannot afford to lose youth of this calibre through hate. We are all different which is what should unite us with common purpose to repair a country sinking into the mire. SAns all trumpeted this in 2019 and 2023 when the Boks won the world cup, so perhaps live up to it.
That’s Goliath taken care of …
CSA should stick to struggle accounting and shady fund raising schemes. Imagine what a 44 page report from Trengrove cost and how much better the money may have been applied to something like . . . say cricket development.
To the PSA despot hypocrites who think they can intimidate young people who have a right . May your Philistine day be filled with your own stew.
David you can stand on the shoulders of giants. And to the CSA.. nothing but custard gone rotten.
Thank you Adv Trengrove for your clear, concise and wise judgement.
Thank goodness there is still justice alive and working in this sad country.
Dear David Teeger, you are a bright young person. But you have amber eyes. Good bye and take care.
Gosh….we are a divided nation. It is sad that such tragedies as are happening in Gaza, the West Bank and Israel are leading to such divisiveness.
Everyone has the right to express their opinions, and poor judgement. So a0 good outcome. Not sure it would gave been the same if he had expressed support for Gaza or criticized the IDF: people all over the EU and USA have lost jobs or contracts for social media support of Gaza. The most intriguing aspect is the ABSA Jewish Achievers Award. This sounds divisive, and unfair unless there is also a Hindu, Sikh, ZCC, Muslim, atheist equivalent. Why divide young people on religious grounds?
Good point, VC. Talk about only looking after your own. No wonder they’re so unpopular. Oh whoops, not allowed to say that, are we.
More free speech: The so-called holocaust never took place but is just a Zionist ploy to hog sympathy in order to commit these savagery atrocities and take over the world! Down with zionism!
The Holocaust did take place and to say otherwise IS anti-Semitic, deeply uninformed. You can choose your opinions, not your facts. Judaism is a respected religion while Zionism is a political project, do not conflate the two.
What a joy to read a clear, comprehensive apolitical opinion expressed by a respected and experienced lawyer. I hope CSA will close the Inquiry and not hamper the progress of this budding professional
PROFESSOR LYNN THOMAS: WASHINGTON UNIVERSITY
“Skin Lighteners, Black Consumer Culture, and Jewish Entrepreneurship in South Africa”
In 2001, The Apartheid Museum opened in Johannesburg to critical acclaim and some questioning of the motivations and moral standing of those who financed it. These two dimensions of the Kroks’ profile spoke to racially distinct segments of South African society. Many Jews were familiar with the Kroks’ contributions to Jewish charity organizations in South Africa and Israel. The Kroks helped found, in the mid-1990s, a South African branch of Aish Hatorah, A POLITICALLY CONSERVATIVE AND PRO-SETTLER ORGANIZATION DEVOTED TO CONNECTING JEWISH YOUTH TO ISRAEL BY SPONSORING STUDY FELLOWSHIPS THERE .In 2006, the Kroks were awarded a lifetime achievement award for their philanthropic work from the SOUTH AFRICAN JEWISH ACHIEVERS. Coverage of that award in the Jewish press discussed their family and business history BUT MADE NO MENTION OF SKIN LIGHTENERS.
Praising the soldiers of a state that’s massacred 20 000 innocent people is not a good look. Apartheid Israel should be shunned for their atrocities, not praised. Ethnic cleansing is genocide by legal definition, not to mention the colossal loss of life.
The people castigating CSA and the Palestine Solidarity Alliance need to take a long look inwards as to what is right and what is wrong. Israel is committing atrocities. I wonder if these same people supported Apartheid in South Africa too? Be better.
Well, now, that’s problematic.
1. A sporting representative of South Africa has publically directly opposed the political position of the national government.
2. He did not say, “the state of Israel”, he specifically said “the IDF”, a military well-documented as having targeted journalists for assassination, and over 60 journalists – let alone children, have been killed by the IDF in Gaza most recently.
Rather disingenuous and ill-advised comments from a teenager who now represents more than himself.
what an absolute ridiculous stupid complaint vthat was made against him by an ANC moron following the rascist hatefilled palestinian authority
Sanity has prevailed.
Yeah well maybe now he sees what the young soldiers of Israel are really like. After all they put themselves on tikTok.