A critical analysis of the application of labour laws to athletes

LL.M. (Labour Law)Abstract: Before I delve into the essence of this dissertation, it is imperative that one establishes a clear understanding of the role played by sports in society, and why the topic of this dissertation is one that has to be addressed in respect of labour law. It would be almost impossible to find a South African who has no memory of the 1995 Rugby World Cup. Though I was only three years old when Joel Stransky calmed himself to kick the drop-kick that sealed the Springbok’s triumph, over the years, I have been exposed to numerous clips, and word of mouth stories from various generations of that unforgettable day. That glorious day in our country’s sporting history has come to symbolize so much more than a game of rugby. That day is arguably the day that united a nation that was once torn apart by racial divide caused by apartheid. In that one moment, it was as if all that once divided us disappeared, and we along with the rest of the world came to truly understand the meaning of the term “rainbow nation”. Sports has proven itself as a means of breaking down barriers and allowing people to find a common interest to unite around. Though rugby was inherently a “white man’s game”, this did not deter millions of black, coloured and indian South Africans from celebrating the triumph of the Springboks as their own. Sports proved its worth as a nation building tool once again in the 1996 African Cup of Nations. Following the heroics of the Springboks merely a year earlier, Bafana Bafana, with the backing of all of South Africa, went on to win the tournament on home soil. The images of a white Neil Tovey lifting a trophy synonymous with a “black man’s sport”, sent ripples across the world. Here again, the world bore witness to how sport can uplift a nation and allow its people to rally around a positive cause. One of the most persuasive reasons that allowed me to take on this topic, is the obsession that society has with sports and with athletes. With more frequency, we are witnessing athletes gracing the covers of tabloid magazines in a similar fashion to movie stars and music artists. Furthermore,.