ICC rules allow Sarfaraz to avoid suspension in racism case

KARACHI: A seemingly racial comment by Pakistan’s captain Sarfaraz Ahmed during the team's second ODI against South Africa has landed the wicket-keeper batsman in possible trouble as the ball is now in the ICC’s court.

If Sarfaraz is formally charged, he can face a suspension of minimum 4 to maximum 8 limited over games. But, he can avoid a suspension, if all goes well and in good faith.

ICC’s anti-racism code for participants allows the accused player/official to reach conciliation without facing any harsh penalty.

Clause 4.3 of ICC’s anti-racism code says that if ICC consents to the matter being resolved by a process of conciliation then the process can be initiated without the player (Sarfaraz Ahmed in this case) facing any formal disciplinary action.

Once the possibility of conciliation is consented, the formal process would commence which ICC’s counsel general formally notifying the player named in the report (Sarfaraz Ahmed) and the player who has been subject to the alleged offence (Andile Phehlukwayo in this case) seeking their consent for conciliation.

Once consent from both the players is obtained, the matter may proceed to conciliation under Article 4.3.1 and the case shall be referred to a Conciliator who shall be responsible for overseeing a process of conciliation within 14 days.

The appointed Conciliator may be from a country participating in the international match during, or in relation to which, the alleged offence was committed, provided that the Conciliator remains independent of the relevant parties and the ICC at all times.

And if all goes well, Article 4.3.3.6 can help Sarfaraz Ahmed avoid matter being dealt under Article 5 of racism code which may carry harsh punishment for him.

Article 4.3.3.6 of ICC anti-racism code says, “During the conciliation meeting, the conciliator will discuss the circumstances of the alleged offence with the relevant parties and explore the possibility of reaching a consensual solution for how to resolve the matter without invoking the disciplinary procedure set out in Article 5.”

It further adds that “ Such a solution may incorporate, without limitation, any of the following (or any combination of the following) outcomes: (a) the voluntary imposition of a period of suspension (which period must be determined having due regard to the range of permissible sanctions in Article 7.3) by the participant alleged to have committed the offence; and/or (b) a public apology and/or explanation as to the parties’ conduct and circumstances surrounding the alleged offence; and/or (c) a private apology and/or explanation as to the parties’ conduct and circumstances surrounding the alleged offence; and/or (d) a joint press statement being issued about the parties’ conduct and circumstances surrounding the alleged offence and/or its resolution by conciliation; and/or (e) an agreement by the Participant alleged to have committed the offence, to undergo a specified program of education.”

It is worth mentioning here that Sarfaraz has already made a public apology explaining his position, as mentioned in point section D of Article 4.3.3.6

However, if conciliation isn’t reached then Sarfaraz Ahmed will be issued a formal notice of charge. In such case, if Sarfaraz agrees to the charge and proposed sanctions, then there will be no further procedure.

But if he decides to challenge it, then an independent judicial commissioner will be appointed to conduct the hearing and Sarfaraz Ahmed will have to go through a disciplinary procedure, following he’ll face sanctions mentioned in Article 7 of the anti-racism code.

As his first offence, he’s likely to receive the imposition of between four (4) and eight (8) Suspension Points.

As there’re no immediate test matches scheduled for Pakistan this year, suspension points will be weighed against next limited over games, each limited over game (either ODI or T20i) weights 1 suspension point. And, in such case, Sarfaraz can face a suspension from 4 to 8 matches.