BBC Sport cricket


Related BBC sites

Page last updated at 18:20 GMT, Wednesday, 30 April 2008 19:20 UK

Trio successful in county appeals

Andrew Hall, Johan van der Wath and Justin Kemp
The trio have all won their appeals and will sign as Kolpak players

South Africans Andrew Hall, Justin Kemp and Johan van der Wath have been cleared to play in English county cricket after winning appeals.

The trio had initially been refused registration after competing in the unauthorised Indian Cricket League.

Hall's barrister Andrew Fitch-Holland told BBC Sport that an appeal against an "unlawful, unreasonable, capricious and discriminatory" ban was successful.

An England & Wales Cricket Board (ECB) spokesman declined to comment.

Hall and van der Wath are now free to play for Northants, with Kemp set to line up for Kent.

As the ICL is not sanctioned by the International Cricket Council, the ECB had warned earlier this year that any player who had taken part in the ICL and played domestic cricket in their home countries in the past 12 months would be unlikely to play in England this summer.

In April, the ECB rejected the applications from Hall, Kemp and van der Wath, along with West Indian Wavell Hinds - who had all played in the ICL - to sign for their counties as Kolpak players.

However, it did clear several other ICL players - such as former New Zealand pace bowler Shane Bond - to play for county sides.

Hinds had been lined up as a Kolpak player for Derbyshire - who have since signed him as an overseas player for part of the season.

Marus Kolpak was a Slovakian who won a restraint of trade case against the German Handball Federation at the European Court of Justice in 2003
Slovakia did not join the European Union until 2004 - but Kolpak won the right to not be considered as an overseas player, as his country had an associate agreement with the EU
The Kolpak ruling gives such players the same rights as an EU worker
As a result, many South Africans, Zimbabweans and West Indians have been able to play county cricket in England without a work permit - and not be classed as overseas players
The Kolpak ruling allows players from countries with associate trade agreements with the European Union - such as South Africa - to be treated as non-overseas players, although normally, only players no longer involved in international cricket are able to sign in this way.

Part of Hall's defence was that he joined the ICL in October of last year, before that legislation was in place.

"It is unfortunate the ECB refused the registration in the first place and that we had the time and expense of the appeals process," Fitch-Holland added.

"It (the result) vindicates our position."

Kemp could be available to play for Kent in Sunday's Friends Provident Trophy match against Sussex at Hove, subject to paperwork being completed.

Hall and van der Wath are still in South Africa but are expected to be back soon in action for Northants.

"We are delighted that both Andrew and Johan are now available for us for 2008," a Northants spokesman said.

"This strengthens our playing squad and enables us to push for honours in all competitions.

"We are looking forward to having both players with us as soon as possible."

see also
Northants pledge to support Hall
15 Apr 08 |  Northants
ECB rejects player applications
20 Mar 08 |  England
Twenty20 causes confusion
14 Mar 08 |  Cricket
Northants decline overseas player
15 Feb 08 |  Northants
Northants sign South African Hall
25 Oct 07 |  Northants

related bbc links:

related internet links:
The BBC is not responsible for the content of external internet sites


Sign in

BBC navigation

Copyright © 2017 BBC. The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.