Sport is generally regarded as leisure and entertainment, and not a preoccupation with the rights and obligations of those who participate in it.
This was said by legal practitioner Michael Murphy at a sports law conference at Sankopano Community Centre convened by ENSAfrica Law Firm. The event was attended by sports administrators, sports enthusiasts, former soccer players and parents of children active in sports.
Murphy said it was important for the public, and especially parents of young and aspiring footballers, to understand that their children needed to be protected as sports persons from amateur level to professional ranks, as their football talent may be their means of making a living.
“People should understand this from a perspective of laws which have been enacted to promote our democracy in the workplace,” he said.
“Like other jobs, sport is also subject to laws governing contractual agreements between employers and employees, like the labour relations act, basic conditions of employment act for professional players, and the consumer protection and equality acts which are more suitable for amateur players.”
He added that football players had a short career with a high risk of injuries, and it was even more important for them to be protected to avoid exploitation, and also to prevent loss of income which may be players’ only security post their sports life.
“With this risk, it is important for parents and guardians of sport talented children to seek legal advice before signing contracts with professional and even social clubs, as this may constrain a child’s movement to more lucrative options or lead to loss of income or compensation should he or she be injured while under contract,” he said.
Murphy also stressed that the legislation in place had also promoted a sport-friendly environment through the establishment of a dispute resolution chamber. “Professional and aspirant soccer players should use the chamber to preserve their rights and obligations when contracted to clubs which fall under major soccer controlling bodies such as the Federation of International Football Association, Confederation of African Football, Premier Soccer League to South African Football Association.”
He said the chamber would resolve most contract disputes such as player clearances, age cheating and doping.
“Children’s courts should also be used to promote young players’ rights and to create class action cases which will set trends for good practice in contracting and the management of football,” he concluded.
Details: ENSAfrica: 011 555 0980.
