Extract
Evaluating recent developments in the governance and regulation of South African sport: some thoughts and concerns for the future.
1. Introduction
Recent times have seen important and interesting developments in the state regulation of sport in South Africa, which, at least in part, have been a response to the experience of a generally poor standard of sports governance among some of the major federations and governing bodies. In fact, the South African situation provides an interesting case study of a government's regulatory response to the apparent inability of private sports administrators to adapt to the changing face of world sport, especially in respect of high level, professional and elite competition. In contrast to other jurisdictions, such as the European Union and the UK, where the law has increasingly been called to intervene in sport because of its successful growth and increased economic significance (and impact on the rights of individuals), in South Africa it seems that the significant measure of intervention experienced in recent times has been a response to the general malaise among those governing sport in adapting to the globalised economy of modern sport. This note will briefly consider developments in South African sport, with the focus on private governance and the regulatory response by government. The limited discussion does not allow for any in-depth analysis of the issues touched upon, although it is hoped that major developments are sufficiently highlighted in order to provide those who are unfamiliar with South African sport with a useful overview. The discussion will also, due to the limited scope, focus specifically on the three major (professional) sports in South Africa, namely rugby union (1), football (2) and cricket (3). I will argue that the main characteristics of South African sport in recent times have been the generally poor standard of private governance, as well as a trend in government regulation towards active and rather drastic intervention in the traditionally accepted autonomy of sports governing bodies, where such intervention has mainly occurred in the context of the SA government's agenda of racial transformation in society, generally, and sport, more specifically. In the concluding section, I will attempt to extrapolate a number of problems and potential problems regarding the status quo, especially as it relates to new structures of regulation, in order to pose some questions regarding expectations for the future of South African sport. (4) While I will argue that poor standards of private governance might necessitate a measure of pro-active regulatory intervention, certain problems relating to poor planning and conceptualization, and largely incoherent policies and measures (especially in respect of the central issue of sports transformation), are serving to shape a sports regulatory system that is unique to South Africa. I will argue that this system is out of step with developments and trends elsewhere. It might be time for stakeholders in international sport, especially international governing bodies, to take heed of these developments and to consider steps to assist in addressing the problems experienced by a system faced with monumental challenges. 2. The South African sporting landscape post 1994: Re-admission, unification and regulation South African sport during the last few decades of the 20th century was characterized by exclusion and isolation on the world stage due to domestic state policies. (5) The governance of sport, as so many facets of South African life, was essentially racially aligned in a proliferation of 'official' federations and governing bodies representing the interests of specific groups. Sports bodies representing the interests of 'non-White' athletes had been forced, by the all-pervasive segregationist policies of the Natio...See the full content of this document
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