Afriforum prepares to legally challenge rugby quota system

An article in the Rapport newspaper (http://www.rapport.co.za/Nuus/Nuus/AfriForum-is-bereid-om-internasionaal-te-veg-20140906) mentions that a legal team of AfriForum will be acting on behalf of six under-16 players and their parents in a matter to oppose the racial quota system in South Africa. The complaint will be lodged with the IRB and will be taken up with the International Court of Arbitration in Sports (Lausanne, Switzerland), if the IRB is unwilling to prohibit the racial quota system in South African rugby.

AfriForum stated it is in favour of sport development and the opportunity for all to participate in sport but felt that a racial quota policy does not contribute to the development of new players and impairs promising sport stars.

According to the report the AfriForum CEO Kallie Kriel stated: “Talented black players also do not benefit from quotas, as the validity of their inclusion in teams are subject to constant speculation and doubt, while quotas equally deprive talented white players from opportunities”

The AfriForum challenge to quotas will be centred around the following IRB policies:

Bye-Law 3: Objectives and functions of the Board
3(f) To prevent discrimination of any kind against a country, private person or groups of people on account of ethnic origin, gender, language, religion, politics or any other reason.

Regulation 20: Misconduct and Code of Conduct
Examples of misconduct:
20.4(c) acts or statements that are, or conduct that is, discriminatory by reason of religion, race, sex, sexual orientation, disability, colour or national ethnic group.

Bye-Law 10: Membership
10(e) A Union may be suspended or expelled from IRB membership pursuant to the IRB Bye-Laws and/or Regulations if state authorities interfere in its affairs in such a manner that:
(i) it may no longer be considered fully responsible for the organisation of rugby related matters in its territory.

On the flipside, it could be argued that quotas appear to be the only working incentive for rugby development and that without quotas, rugby development might fall flat on it’s face.

19 Comments

  1. avatar
    #19 kosie

    @Greenwood: I agree with you. What makes it even worse is that young boys are being used in the battle to prove a point.

    ReplyReply
    12 September, 2014 at 14:54
  2. avatar
    #18 Greenwood

    Lets face it – fighting this through whatever means is like farting against thunder

    Any one who thinks we can negotiate with our brains trust lot in Cape Town
    is dreaming – It’s more likely that Oscar Pistorious will run in and win the 400 meters by 50 meters in the next Olympics – that’s how much chance we have

    ReplyReply
    12 September, 2014 at 14:45
  3. avatar
    #17 BOG

    The Blue Print is available. Anyone recall the slogan- “No normal sport in an abnormal society”? If it was applicable then, it remains so, today. If they go ahead and introduce these barbaric principles, break away and create an alternative non racial body in opposition to SARU. Those with courage, will join and as far as SARU is concerned, campaign for their total isolation. In 5 yrs from now, things – economically , politically and socially- would have changed so much. that only the naive and ignorant would believe that rugby would remain the same.

    ReplyReply
    8 September, 2014 at 13:48
  4. avatar
    #16 Greenwood

    Agree with all the comments above

    Politics abounds – I remember in Durbs a few years ago when a certain
    Mr Mike Sutcliffe (City Manager) tried to force the Sharks to play at the Moses Madiba Stadium across the road – He even suggested that if the Sharks don’t move he would pull out the traffic management for the rugby games – sounded just like a 5 year old – The new stadium is a white elephant and is hugely under utilised

    ReplyReply
    8 September, 2014 at 11:26
  5. avatar
    #15 Rooibaard

    It surprises me that the powers that be don’t see the real problem with quotas. The only advantage that quotas bring to the table is that it ensures a semblance of representivity on the field of play. As quotas are increased the representivity % will improve. The major negative aspect is that quotas paper over the real reasons why more blacks aren’t selected for representative teams. Quotas are a top down process. What we urgently need (in all sport codes) is a bottom up process. We have +- 25000 schools in our country. I’d be surprised if 3500 of these schools have a viable extra-mural programme catering for the masses. Yes, I know all about the disparity in facilities and funding, but that can be overcome. If we can have a massive infusion of compulsory sport programmes at school level, world class black sportsmen and women will overrun our country and it will not be necessary for quotas. If we aren’t able to replicate, at least to a small degree, the sport programmes at ex-model C schools, we are doomed to have quotas for ever. Getting teachers from disadvantaged schools to accept that responsibility is another matter.

    ReplyReply
    8 September, 2014 at 11:15
  6. avatar
    #14 Gungets Tuft

    @GreenBlooded: “Furthermore, the introduction of quotas at amateur level and schoolboy rugby will also aim to provide a more diverse talent pool from which unions can choose from.”

    If these quotas go down to individual school level then we might as well go to the International Court of Arbitration in Sports then. Force the result but not financially enable the process.

    That article just shot the high horse I was riding … :evil: :-x :(

    ReplyReply
    8 September, 2014 at 11:14
  7. avatar
    #13 Playa

    @GreenBlooded: Unbelievable! Same sh1t, different day…

    ReplyReply
    8 September, 2014 at 11:13
  8. avatar
    #12 kosie

    @GreenBlooded: I don’t think anybody has a problem with the fact that we need to expand the participation of rugby for all. The bigger the pool the better for the game.

    What earks people is that the composition of teams are to be forcefully manipulated to reflect a certain way of thinking, and in this instance the politicians of the day. The fact that development of infrastructure is not part of the plan makes the whole effort doomed from the start.

    What Afriforum is trying to achieve is to get the International rugby board to enforce their own rules much like Atheletics with the recent ASA debacle. That is one way to get governments to stop interfering in a sports body. I do not think that will solve the problem.

    What the politicians want is greater representivity but without getting directly involved. Who must develop and maintain sporting infrastructure? The sporting bodies? I also do not think this approach will solve the problem.

    Development to me means that all may have equal opportunity to be able to participate in a desired sport of your choice. This also has limitations as my kids cannot partake in surfing as we do not stay at the coast. That is a reality. So too is the reality that in the Bulls area less than 5% of black kids want to play rugby. Whose problem is the non participation of certain groups? According to the politicians it is the sporting code’s fault.

    The wrongs of the past need to be addressed but long term sustainability will rather be achieved with a quota to get infrastucture developed and maintained. Artificial manipulation of the composition of teams will not solve the problem.

    ReplyReply
    8 September, 2014 at 11:08
  9. avatar
  10. avatar
    #10 Playa

    @GreenBlooded: Exactly. There is a clear disinterest in providing 1 & 2, because the focus is on 3 & 4. Both of which are short-lived.

    I have always said that if transformation is an agenda to right the wrongs of the past, then you need to acknowledge that the process will take time. Apartheid was not achieved over night after all. Then again, a politician’s role is to promise instant results, so it would be too much to ask them to consider that….but wait…isn’t the NDP a plan to yield results by 2030? :roll:

    I saw a headline this morning that says “Boks to be half black by 2019”. I will be getting a copy of The Argus just to see how they plan o achieve that.

    ReplyReply
    8 September, 2014 at 10:20
  11. avatar
    #9 GreenBlooded

    @Playa:

    The problems with grassroots development:

    1. It takes a lot of effort.
    2. It takes a lot of moolah.
    3. It does not yield instant results which would not appeal to the ‘instant gratification’ mindset of the politicians.
    4. If does not give nearly as much populist appeal to the majority of the electorate.

    As far as our esteemed politicians are concerned – this is not the way to go. Far easier to just stand on a soapbox and agitate for less white players in the representative teams.

    ReplyReply
    8 September, 2014 at 09:57
  12. avatar
    #8 Dixon’s

    Iv always said that quotas are not working. At 1st XV level there are plenty of vlack boys who make the teams based purely on merit. The problem comes later on when they become professionals! The adminstration of rugby in South Africa needs to take responsibility for not developing these boys into Springboks. But they wont… thwy will just force through increased quotas and hope some make it!

    ReplyReply
    8 September, 2014 at 09:52
  13. avatar
    #7 Playa

    @Gungets Tuft: You are quite right.

    Here’s a scenario that has baffled me for some time. Bafana Bafana have been struggling for the better part of the last 15 years. Now with this realisation, the big talk now is….”grassroots development”. Yes, that thing where you provide skills development to schoolboys, and take the programme right through to adulthood. And who endorsed this line of thinking…yep, the Razzmatazz himself, Fikile Mbalula.

    Back to rugby – 18 years after the introduction of quotas, we are still hearing them shout for MORE quotas….what of the grassroots development being prescribed for our soccer??? Imagine an 8 year old in 1996…had the fixation been on development rather than just numbers, what he could be at 26 years of age today?

    Ithembelihle is a classic example of a skills development programme from grassroots. 15 years ago, Grey PE played them with their 5ths, today, it’s a 1sts vs. 1sts derby…and we all know that Grey rugby has not gone backwards. Ja, they do get a hiding on most occasions, but they have run them close a handful of times.

    Quotas are not law, and neither are they legislation, they are just recommendations made by politicians, based on empty threats.

    If we are serious about eliminating quotas, we need to take the fight to government and SARU and push for a development agenda, then hold both those brainless institutions accountable.

    ReplyReply
    8 September, 2014 at 09:37
  14. avatar
    #6 Gungets Tuft

    @Grasshopper: I agree – quotas are race based, what other basis is there?

    By killing our rugby completely, quotas will stop. We will have our schoolboy rugby players leaving to go overseas the moment they finish school, because international rugby will be finished.

    The reason sanctions didn’t kill our rugby last time was because South Africans were not allowed to work overseas. That’s not the case any more.

    The other way to make the changes – use the qoutas. There is no shortage of black talent, instead of spending millions on legal action at international level, spend it on genuine development. Right now most of what we see is just the buying of talent to fill the gaps. This talent comes from areas where the facilities are so poor that it’s a miracle we see the talent at all, it’s mainly from the Model C school systems (Playa – correct me if I am wrong here) – there are a few smaller schools that punch above their weight division, but they are few and far between, Ithembelihle springs to mind.

    Meeting quota requirements by moving the talent around is is not development, it’s logistics.

    A single minded (AFriforum … seriously!?!) approach to this is going to fail, either by getting slapped down internationally, or killing our sport. After it’s done Afriforum will blame “racism”, which might be the very first time that they might agree with the EFF. Oh the irony ….

    ReplyReply
    8 September, 2014 at 08:34
  15. avatar
    #5 Grasshopper

    Quota’s are racist…full stop!

    ReplyReply
    8 September, 2014 at 08:03
  16. avatar
    #4 Grasshopper

    @Gungets Tuft: How else will we make changes but hitting where it hurts…

    ReplyReply
    8 September, 2014 at 08:03
  17. avatar
    #3 Gungets Tuft

    Eeisch – the unintended consequences of getting more politicians involved with sport, or even worse, getting an International Court of Arbitration to rule in favour of quotas, giving the wallies in charge legitimacy. I suspect that national laws will have precedence over Sports organisations where the rules are seen as progressive rather than regressive.

    Now if Afriforum threw their weight behind development ……

    @Grasshopper: If you get your wish for sanctions then SA sport will die an instant death, careful what you wish for.

    ReplyReply
    8 September, 2014 at 07:53
  18. avatar
    #2 BOG

    @Grasshopper: Fully agree with you, but concerning something more worthy, I notice that the headmaster of GCB, has made an ïce bucket challenge” to the headmasters of GW, MC, Selborne, Grey High, PRG, Boishaai and Affies to donate R1000 to the J9 Foundation. See it on GCBs FB page. Hope we see a positive response

    ReplyReply
    8 September, 2014 at 03:26
  19. avatar
    #1 Grasshopper

    Good luck to them, our dumb ass gov will just laugh it off. Hopefully we get sanctioned again to stop this nonsense…

    ReplyReply
    7 September, 2014 at 21:23

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