SA court case to decide on dirty play in SBR

On 11 September 2012 a significant case in sports law will be argued in the Supreme Court of Appeal involving an injury sustained in a schoolboy rugby match. This is the case involving an intentional dangerous scrummaging technique employed by the Appellant (Roux).

The case involves a consideration as to what harm a player consents to when he steps onto the rugby field. In other words, there will always be illegal tactics (high and/or dangerous tackles, gouging, punching and illegal scrummaging).  Where does one draw the line and that is what the highest court in the land will determine on 11 September 2012?

Alex Roux v Ryand Karel Hattingh (636/11)

Appealed from WCC.  2011 (5) SA 135 (WCC)

Date to be heard:  11 September 2012

Brand JA, Snyders JA, Theron JA, Pillay JA, Southwood AJA

Delict – claim for damages sustained during a schoolboy rugby match – merits – whether respondent proved delictual claim – whether appellant’s conduct caused respondent’s injuries – whether appellant acted deliberately and unlawfully.


Submitted by Gawie


  1. Interesting case. This will surely show people that there is an avenue to follow should you believe foul play has resulted in injury. I am of the opinion that the recent age debacle at school boy level will be the next legal wrangle should a boy be injured in a game that an overage boy is part of. If a school is turning a blind eye to playing overage boys or does not do EVERYTHING in their power to ascertain a boys real age, they will be opening themselves up to huge claims. In fact, there is a very real possibility that both schools competing could be sued by parents/boys injured in a game, even if the overage boy is not directly involved in the incident resulting in the injury. Food for thought I would think.

  2. @All Black: I think we have seen the “back” of the overage saga in KZN schools, or at least in the Tier one schools, i simply say this as they have had a shock on this and they now know could be in for this type of litigation


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