Introduction
Sports law deals with law pertaining to sport and sponsorships, i.e.
contracts, labour relations with regards to sport, administrative functions,
constitutional principles, delicts and other obligations and duties
that arise from the interactions between relationships and obligations
in the sport environment.
The relevance of sports law and the influences thereof has no limitations
as it impacts on all facets of sport, ranging from the contracting of
athletes, the application of sport rules, the safety of the athletes
and events, the use of enhancers or illegal substances, the betting
on athletes, to the relationships that create obligations and the administration
thereof.
Why Sports law?
The human rights movement, cultures prevalent in countries around the
world, globalisation of sport and sport events and the growth of professionalism
in sport to that of a multi-billion dollar industry, necessitated people’s
constitutional and fundamental rights being protected and issues, relationships
and obligations in sport being regulated. Whenever there is a need to
address matters evolving from the challenging and dynamic sport environment,
it is paramount that knowledgeable human resources are available to
address and regulate these challenges.
A need arose in the sport industry to meet these dynamic challenges
and address the legal issues facing the sport fraternity. In South Africa
particularly, expertise is desperately needed from a sports law perspective
for interpretation of the constitution with regards to:
- Affirmative action, quotas, transformation, discrimination,
gender and equality issues - Art 9 - in order to meet the objectives
of government;
- Human dignity issues – Art 10 – when
dealing with athletes, players and competitors;
- Health and safety – Art 12 – issues
when dealing with the health and safety of athletes and players especially
with regards to the testing of athletes and players;
- Labour law issues – Art 33 – when employing
sport administrators, players or concluding contracts in this regard;
Other issues in South Africa needing to be addressed include:
- Constitutional issues with regards to how HIV/AIDS,
racism and disabled athletes are addressed in sports law;
- Conducting Civil procedure in disciplinary hearings
pertaining to sport;
- Conducting correct coaching methods, athlete selection,
sport officiating and administration so that in the professional competitive
areas of sport, no liabilities occur;
- Conclusion and implementing contracts pertaining
to sport, i.e. the service contracts, sport-agent contract, sale, letting
and hiring of equipment and sport facilities;
- Management of athletes, players and staff according
to labour and administrative laws;
- Conducting, organising and planning sport events
and all the law related issues pertaining to this endeavor;
- Criminal law knowledge with regards to assault,
volenti non fit iniuria, crimen injuria, corruption and the “fixing”
of games and matches;
- Use of illegal substances, enhancers, doping or
drugs as a method to enhance performance. This includes testing procedure
and prosecution of guilty athletes or players.
- Negligence and intent in all aspects of sport e.g.
from an athlete getting injured due to negligence on the part of the
coach, administrator or officiator to the administration of sport;
- Rights and procedures in sport and the accountability
of coaches, agents, administrators, players, officials and managers;
- Specific issues pertaining to sport in South Africa
from development to the diversity challenges that face South African
sport.
Career opportunities
It is evident that sports law and its related fields are important in
the administration of sport. South Africa is a sport-loving nation and
is frequently participating with honours at the international level.
International and national sport events are being conducted in the country
on a regular basis, therefore technical personnel are needed to ensure
that sport events are organised and conducted fairly, according to laid
down principles and approved procedures. This will also help to minimise
the risk of incurring legal liabilities.
There is increasing evidence that coaches, administrators, managers
and agents who are trained in sports law are employed more regularly
than their counterparts. The following are examples of specialisations
in sports law which present appropriate career opportunities:
- Sports agents with attorney firms, as para-legals;
- Para-legals in the sport environment conducting
disciplinary hearings, investigating transgressions and prosecuting
in this environment;
- Labour law specialists in the sport environment;
- Legal aspects of government structures;
- Sport journalism and its legal aspects;
- Testing agents and expert para-legal assistance
in civil/criminal cases pertaining to sport;
- Owners and managers of sport clubs or sport organisations
and businesses selling sport equipment, clothing or related products;
- Sport coaches and administrators also encounter
legal issues in discharging their duties. These may be related to contractual
obligations or relationship with their athletes.
Conclusion
The use and application of sports law specialists are numerous. In 2010,
South Africa will host the Soccer World Cup and already there is a higher
demand for sports law specialists than what the educational institutions
can supply. Sports law is involved in all facets of law and is also
related to medical law with regards to biokinetics and fitness trainers.
There is a need in South Africa for sports law specialists who will
ensure a safe and well organised sporting environment in the country.
Sports law will equip and empower any person involved in sport to fully
explore all the opportunities available in the sporting environment.
Contact
Willie Hills
Tshwane University of Technology,
Pretoria, South Africa

http://www.icsspe.org/portal/index.php?w=1&z=5
Sports Law
Willie Hills
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