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South Africa is known for cultivating some of the best athletes in the world. However, behind the scenes, every athlete is required to sign indemnities, enter into agreements within their organisations, and comply with a range of rules and internal policies. Certain rules and policies contain clauses that can directly affect an athlete’s career, lifestyle, interactions with others, and how disputes must be resolved.
Understanding these policies is essential. Being informed is an athlete’s strongest form of protection. This article explores the role of internal policies in sport, how South African legislation protects athletes, and the legal remedies available when issues arise.
The Role of Internal Policies in Sport
Each sport is governed by an association or federation with its own constitution, regulations, and internal policies. These deal with matters such as:
- Eligibility to enter and selection criteria.
- Codes of conduct and disciplinary procedures.
- Anti-doping rules and safeguarding.
In practice, these policies affect almost every aspect of an athlete’s participation, from entry into competitions to how disputes are addressed within the organisation. These policies are generally drafted and implemented by the governing bodies with little to no input from athletes. Once an athlete is affiliated to a club or federation, they are contractually bound by these rules, often creating an imbalance of power.
Overarching Legal Framework
Internal sporting rules must align with South African legislation, particularly the Constitution of the Republic of South Africa. Key constitutional rights applicable to athletes include:
- Equality: Protection against discrimination in selection and participation.
- Human Dignity: Safeguarding against abusive or degrading treatment.
- Fair Administrative Action: The right to lawful, reasonable, and procedurally fair decisions.
- Access to Justice: The ability to challenge decisions in a fair forum.
Common Disputes in Sport
Despite the existence of these rights and relevant sport laws, issues still arise. Common disputes include:
- Unfair selection processes and discrimination.
- Unfair disciplinary hearings.
- Failure to address harassment or abuse.
- Policies that unjustifiably limit commercial rights or freedom of movement.
- Embezzlement of funds from an organisation.
Athletes are often compelled to engage with a system that may not be entirely neutral. This can lead to grievances not being properly heard or fairly adjudicated, even after "exhausting" internal remedies.
How We Assist in Resolving Disputes
We assist athletes by reviewing and advising on internal federation constitutions, regulations, and policies. Our goal is to ensure athletes understand exactly what they are bound by and how these rules affect them in practice.
Our services include:
- Contract Negotiations: Focusing on protecting commercial interests and ensuring fair, enforceable agreements.
- Representation: Acting for athletes in disciplinary proceedings, appeals, and selection disputes.
- Challenging Decisions: Taking matters further to challenge unfair or unlawful decisions in the appropriate legal forums.
Conclusion
While internal policies are necessary, they must operate within the bounds of South African law. Fairness, transparency, and consistency are not optional; they are legal requirements. Where internal processes fall short, athletes are entitled to seek protection and enforcement of their rights.
At Van Deventer & Van Deventer Inc., we assist athletes and organisations in ensuring compliance, resolving disputes, and scrutinising agreements to protect long-term career interests.
Contact our offices today for expert legal guidance in sports law.