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Below are some of the key sources for the books 'Our Football is Broken' and 'Red Card for a Stolen Victory'.
Key Governance Sites & Articles of Interest to Administrators
SPORT AND HUMAN RIGHTS Overview from a CAS perspective (as at 28 November 2023)
I. Human rights in sport regulations II. Selected CAS cases related to human rights issues III. SFT judgements dealing with the application of human rights in CAS matters IV. Sport and the European Convention on Human Rights (ECHR) V. List of CAS arbitrators with specific expertise in human rights VI. List of topics related to Human Rights in sport discussed at past CAS seminars
Understanding the Relationship Between the FA and Its Members
There is a general misconception about the nature of the relationship between the national body and its affiliates. Each is governed by its own statutes, but there is a sense that the constitutions of affiliates can simply be overridden on a whim by the national body, which is incorrect. Read the chapter to learn why this is incorrect.
Board Size - Walking the Tightrope
Prof. Parmi Natesan, Dr. Prieur du Plessis
15 April 2024
Relationship between associations and leagues around the world
Camille Boillat & Raffaele Poli - CIES - 2014
Non-Profit Law in South Africa
The legal framework governing nonprofit organizations (NGOs) in South Africa - By International Center for Non-Profit Law (ICNL) - March 2022
Understanding King IV and what it is intended to achieve
By Parmi Natesan - Institute of Directors of South Africa (IoD)
Corporate governance as custodianship of the business model
Michael Page, Laura F. Spira
21 March 2016
Relationship between associations and leagues around the world
Camille Boillat & Raffaele Poli - CIES - 2014
Non-Profit Law in South Africa
The legal framework governing nonprofit organizations (NGOs) in South Africa - By International Center for Non-Profit Law (ICNL) - March 2022
Understanding King IV and what it is intended to achieve
By Parmi Natesan - Institute of Directors of South Africa (IoD)
Articles of Interest to Administrators
- Locating athletes for anti-doping tests: issues with WADA’s ‘Whereabouts’ system
- When Can National Bodies Hear FIFA-Related Employment Disputes -LIS
- A Guide To Solidarity Payments In Football Under The FIFA Regulations -LIS
- Evolution of CAS Human Rights Jurisprudence - Observations - TISLJ
- Brazil's New Football Corporations Law - What Changes & Why -LIS
- Understanding the Differences Between Act of God & Force Majeure
- Publishing Decisions of Judicial Bodies -The FA v Marc Bola
- When Can Content Be Withheld/Edited in Regulatory Decisions? - The FA v Marc Bola
- Understanding a Voluntary Association of Persons - Lexis-Nexis
- The Doctrine of Precedent and the Value of s39 of the Constitution-de Rebus
- FIFA’s Normalisation Committees – What Are They and How Do They Work?
- President Nelson Mandela's Speech to the 1996 Post-AFCON Banquet
- English football 'needs independent regulator to stop lurching from crisis to crisis'
- Independent Regulator for English Football 'endorsed in principle' by Government
- How Local Courts Approach Sports Disciplinary Decisions
- Parliamentary Portfolio Committee Told Sport Arbitration Tribunal is Much Needed
- Parliamentary Portfolio Committee Told Sport Arbitration Tribunal is Much Needed
- What is an independent and duly constituted NDR chamber in football?
- The Sports Dispute Tribunal of Kenya
- Resolving the Jurisdiction Issues of the Sports Dispute Tribunal of Kenya
Key Reports in the Public Domain
- 1996-7 Pickard Commission Report - Report on the Governance of SAFA and the Relationship with the NSL
- Pickard Commission Report - Annexure A - Report of the Investigator
- Pickard Commission Report - Annexure B - SAFA-ASI Marketing Agreement
- Mr Gay Mokoena's Report to the SAFA NEC - May 2020
- Mr Dennis Mumble's Report to the SAFA NEC re the SAFA President's Conduct -May 2020
- Robert's Rules of Order - The Official SAFA Parliamentary Authority - Learn Parliamentary Procedure
- SAFA's Response to the Mumble & Mokoena Reports Sent to Selected SAFA Regions
- Detailed Response to the SAFA Circular Responding to the Mumble & Mokoena Reports
Court Rulings of Interest to Sports Professionals
- President vs SARFU - What Is Administrative Action & The Basis On Which the Courts May Review Presidential Action
- Louisvale Pirates v SAFA - High Court Ruling Establishing that SAFA Rules Do Not Oust Jurisdiction of the Courts
- Tirfu Raiders vs SA Rugby - High Court Ruling Describing How Sports Federations Perform A Public Function
- The Citizen v Robert McBride - Free Speech - Constitutional Court Ruling on What Constitutes Defamation
- Ramakatsa NO v ANC Free State - Court Sets Aside Provincial Elections Because of Irregularities in Branch Elections
- Ntlokose vs NUMSA - Judge Rules That A Voluntary Association Cannot Act Outside the Four Corners of Its Own Constitution
- Van Zyl v New National Party - Ruling on What is Public Power
- NUPSAW vs NLB - ConCourt Ranks Freedom of Expression Above Disrepute
- Oudekraal Estates - What constitutes unlawful administrative action?
- Plascon-Evans Paints - disputes of fact in motion proceedings
- Hardaker v Phillips- precedent-setting free speech ruling
- ConCourt Defines SLAPP Lawsuits -Mineral Resources v Redell NO
- 2nd ConCourt Ruling Defining SLAPP Lawsuits -Redell NO v Mineral Sands
- Media Summary - SLAPP Lawsuit Ruling - Redell NO v Mineral Resources
- Media Summary - SLAPP Lawsuit Ruling - Mineral Resources v Redell NO
Key Decisions - Court of Arbitration for Sport (CAS)
- CAS Rules Against the Professional Football Agents Association re legality of the new FIFA Football Agents Regulations (“FFAR”), that the FIFA Council approved on 16 December 2022, in its meeting in Doha, Qatar.
- CAS - Zubkhov vs FINA - CAS Definition of When Disrepute Has Occurred
- Johnston, Tom - Who really brings the game into disrepute
- CAS - Ashley Cole vs the EPL - the FIFA Rules Are Not DIrectly Applicable in a Member Association
- CAS - FC Otelul Galati S.A. v. Romanian FFF - FIFA Regulations Are Not Directly Applicable in a Member Association
- CAS - Thanda Royal Zulu FC Pty Limited v. SAFA - Direct Applicability of FIFA Rules & Pathological Arbitration Clauses
- CAS - UHC vs CMAS - An Internal Admin Unit or Dept of a Sport Federation has no Authoritative Powers
- CAS - William Lanes de Lima v FIFA - An Administrative Body Cannot Decide to Accept or Reject a Case Intended for Another Body
- CAS - Mong Joon Chung vs FIFA - Unreasonable Delays and Blocking Leads to Abuse and Is Not Allowed
- CAS - Hertha Berlin vs Stade Lavallois - Regulations cannot be Amended or Expanded by Circular Alone
- CAS - Filippo Volandri vs ITF - CAS Defines What Constitutes Arbitrariness
- CAS - Zamalek vs FIFA - Role of the FIFA DC and Definition of Force Majeure
- CAS - Racing Club vs FIFA - Conditions Under Which Unforeseen Contingency Rule Can Be Invoked
- CAS Bulletin - The Fundamental Rights of the Parties Before CAS - Why FIFA Cannot Prohibit Anyone From Referring a Matter to a Court of Law
- CAS - Nigerian Football Federation (NFF) v FIFA -FIFA Does Not Have the Authority to Positively Recognize Elections of its Members
- Investigation into The Court of Arbitration for Sport & Investigations into a race walker's struggle with the international anti-doping system
Arbitration Matters
Human Rights
- UN Declaration of Human Rights - Illustrated Version
- African Charter on Human And Peoples' Rights
- European Convention on Human Rights
- Law Guide - South African Human Rights
- Evolution of CAS Human Rights Jurisprudence - Observations - TISLJ
- Sport and Human Rights - Overview From a CAS Perspective - 20 June 2022
Legislation and White Papers Relevant to Sports in South Africa
- Constitution of the Republic of South Africa
- National Sport & Recreation Act
- National Sport & Recreation Amendment Act
- Safety at Sports & Recreational Events Act (SASREA)
- Promotion of Administrative Justice Act (PAJA)
- Promotion of Access to Information Act (PAIA) Act 2 of 2000
- SAHRC Guide on How to Access the PAIA
- Prevention and Combating of Corrupt Activities Act, 2004 (PRECCA)
- Children's Act, 2005 - No. 38 of 2005
- SASCOC Safeguarding Policy Against Harassment and Abuse in All Sports
- Sport and Recreation White Paper
- South African Institute for Drug-Free Sport Amendment Act, 2006
- How Intellectual Property Law Applies to Sport in South Africa
- Regulation of Gatherings Act (updated to 2014)
- Promotion of Personal Information Act 2013 (POPI Act)