Feature: Selected Sport and Physical Education Career OpportunitiesNo.52
January 2008
 
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Sports Law
Willie Hills

 

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





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