In light of the abuse Peter de Villiers and SARU got on the Frans Steyn debacle and the fact that Frans Steyn played last night for his Club Racing Metro in the French Top 14 Competition, I looked at the IRB regulations on the availability of players. The problem for me, with no legal background, is to identify ALL the legal loopholes.
Reading the Regulations it seems to me that both sides made mistakes. Read it and decide for yourself. The complete Regulations are long so I will post a link at the end of the Article, should readers be interested in the full version.
REGULATION 9
AVAILABILITY OF PLAYERS
Preamble
(A) High quality International Rugby is in the best interests of the sport at all levels. It promotes the sport and encourages new participants and support for the sport around the world and at all levels. International Rugby is a major public interest and it is in the best interests of the public that the best teams and Players represent their Unions. The retention of high quality international Rugby benefits Players because it fulfils their aspirations to play at the highest level of the sport. The selection of the best Players for international Rugby also represents the fairest selection system as it is based on playing merit. Rugby Bodies and Clubs benefit if Players play international Rugby as it improves the quality and experience of Players, increases their value and enhances commercial returns in respect of merchandising, broadcast, sponsorship and gates thereby contributing to the interests of the Rugby Body or Club that Player represents. The development of the sport is enhanced and furthered as a result of the generation of funds from international Rugby for reinvestment in the sport.
(B) A Union must therefore be able to select and have available the Players it requires for International Matches and to build and develop team strategies in National Squad sessions in order to ensure that the quality and integrity of international Rugby is maintained. The future development and extension of the sport at all levels and throughout the world would be threatened if a Union was not able to select and have available the Players it requires.
(C) The IRB and Unions recognise that the Right to Release for Matches should be exercised reasonably and with due regard to the proper interests of the welfare of Players and other relevant entities who may be affected. This Regulation 9 reflects this balance, accommodates the difference in arrangements and sport structure from Union to Union and respects the position of Rugby Bodies and Clubs whilst recognising the fundamental role that international Rugby plays in the development of the sport worldwide. The Regulation has also been prepared on the basis that in light of the nature and physicality of the Game Players should have appropriate rest, recuperation and recovery opportunities so that when they participate in the Game they are able to do so at their best.
9.28 In circumstances where a Player may not be released due to injury or illness the doctor of the Union requesting the Player’s release, or his nominee, and the doctor of the Player’s Rugby Body or Club shall consult on the nature and extent of the injury or illness and seek to agree whether the Player is fit to participate in any part of the relevant International Match(es), International Tour, International Tournament or Squad session concerned.
(a) If the Union doctor, or his nominee, and the doctor of the Player’s Rugby Body or Club agree that the Player is fit to respond affirmatively to the Release Request then the Player will be released.
(b) If the Union doctor, or his nominee, and the doctor of the Player’s Rugby Body or Club agree that the Player’s injury and/or illness is such that he cannot respond affirmatively to the Release request then the Player shall not be entitled to play for a Rugby Body or Club for the period for which he has been or should have been in attendance with the National Representative Team or National Squad save that if a Player becomes fit to play during the course of a Designated Event, he is permitted to play for his Rugby Body or Club unless the Union wishes and is able pursuant to any rules governing the Designated Event, to add the Player to its Squad for that Designated Event.
(c) If having attempted to achieve a consensus on the nature and extent of the injury or illness and the Player’s fitness there remains disagreement between the Union doctor, or his nominee, and the Player’s Rugby Body or Club doctor over the Player’s fitness to participate and respond affirmatively to the release request, then in circumstances where it is the Union doctor, or his nominee, that considers the Player is fit to participate and respond affirmatively to the release request then, unless the Player’s Union agrees otherwise in writing, such Player shall not play for any Rugby Body or Club during for the period for which he has been or should have been in attendance with the National Representative Team or National Ineligibility to play consequent upon non-release
9.31 If a Player is not released to attend and/or participate in a National Representative Team and/or National Squad Session contrary to the provisions of Regulation 9.3 then he shall not be entitled to play for any Rugby Body or Club for the period for which he has been or should have been in attendance with the National Representative Team or National Squad and an additional 10 days thereafter, unless the Player’s Union agrees otherwise in writing. Such agreement shall be granted in the absence of evidence of a breach of Regulation 9.3. For the avoidance of doubt, additional sanctions may also be imposed in accordance with Regulations 9.34 to 9.37.
Now for some interpretations by the more legal wise bloggers. Change my mind with your brilliant arguments because I feel that Mr Steyn and his Club is in trouble.
http://www.irb.com/lawregulations/regulations/index.html
http://www.irb.com/mm/document/lawsregs/regulations/04/23/27/42327_pdf.pdf
‘Injured’ Steyn fit for club duty
Thu, 19 Aug 2010 14:28
Frans Steyn: Fit enough for France?
The Francois Steyn saga revealed yet another bizarre twist on Thursday, when he was declared fit enough to play for his French club, Racing Metro on the weekend.
Morning superBul.
@ Loosehead:
More my vriend
@ superBul:
Waht do you think is actually going on here? Does FS not want to play for DIV? Or does DIV not want FS to play for the Boks? Or a bit of both?
That “Bloody Agent” 😆
I dont know but PdeV gets a lot of flak from the day he was favored to HM, so there will always be a wave of criticism coming his way. For me is the rules and regulations. Old fashioned as i am i always like to fall back on that. So for me RM is a cheat because he bends the rules.
Bit like the Sharks regarding Mapoe?
@ Loosehead:
Yeah a few blunders and the whole system will collapse. Regulations being bent and the whole thing will become ungovernable. Surely there must be legal rules to this and the guilty parties must get their act together?
Wish i could be a fly on the wall when these two guys talk to each other
@ superBul:7 – Super, Frans had a niggle injury and was allowed to train this past Wednesday. PdV knew about that actually all bloggers on every site knew about it was written everywhere. BUT PdV has not even spoken to Frans. He was here last Thursday and never got a call from PdV. Now tell me must he stay on here or go back to play for his club who pay him? He left messages for PdV on his cell but got no answer back. PdV was not taking his calls. Saru are also to blame by not getting a clearance from his club for Frans to play. But he would have been available for next weeks game had they done it.
I say disgraceful this on saru and PdV. We all know that PdV does not get on with Frans but in business you put your differences aside and work together. Now they must work on it and get Frans Steyn back for the eoyt and get him ready for the wc next year. PdV should have kept Frans Steyn after the Wales game and he would have been fit and ready for all the Tri-Nations games.
@ Loosehead:6 – No nothing like the Sharks.
Also heard now if Mapoe don’t get to play for the Sharks he may head off to Australia to play Rugby League there. They have approched him too. So he may be lost to South African Rugby for good. Now really hoping Sharks can sort something out and maybe pay a transfer fee to Cheetahs. He just does not want to go back to play for Cheetahs. Remember he approched the Sharks first. We need to keep our talent here.
@ Puma:
Puma , talk , talk, talk i REALLY dont know who to believe. My intention with this post is to look at the LAWS and REGULATIONS and whether the right procedure was followed.
I did not search for other clauses and contract issues like what is the rights of the club. For me it is the Country first. The IRB sort of depend on that, they are the top tier, they said somethings in that regulations, all i want is clever guys like Morne and GBS and other lawyers or knowledgeable bloggers to debate this.
COUNTRY vs CLUB who has the rights for a player.
@ Puma:9 – First line there. Meant he was allowed to train on Wed but no-one contacted him.
Puma wrote:
You 100% sure it is all his fault?
@ superBul:10 – Super as far as I know Frans contract says his country. So he could have played for the Boks but was not selected.
Country should always have the rights really. If not players need to put it into their contract. I know that Fransie has that in his contract. He is available to play for Boks but just needs two weeks notice to his club. Something like that. Should have made it a weeks notice would have been better.
@ superBul:12 – Both saru and PdV. It is well known that PdV does not get on with Fransie for some reason. I think he is just looking for ways not to select him. Just my feeling.
Guys let me put it to you this way, i now frans steyn personaly not house friends but met up with allot on business and so on and i can tell you he is a True Afrikaans boys from the free state that will do anything for the Bokke and will do anything to play for the Bokke as well BUT if they dont want him and dont call him he also needs to get his salary and make a life for himself
But i can promise you he will always choose SA above any other club or country!!
Puma wrote:
I dont know why PdeV even bothered to call back the Overseas players, with this clause if it is there you fark the National coach around.
Put it like this Peter knows what he has in Frans he allows him to go on with his career , during training Zane gets injured. Frans is Peters 1st reserve . Peter can not call on Frans to help out because there is not 2 weeks between the injury of Zane and the Test. Why must Peter then go on and wiggle and wangle and negotiate with a bloody club to get him.
The only thing i blame PdeV for is his change of heart , he should have left them over there. The way he treated Victor and JS was the right way, if you want to play for SA , come home.
@ Durban Bulle:15 – Durban Bulle, Well said and I agree 100% with you.
@ Puma:
I think PDV made the choice of net getting along with Francois… Franscois is a little boy at heart, he just finished school a few years back, he gets allong with everybody, not sure if anybody has spoken to him but he has a heart of gold and is a true SOUTH AFRICAN BOY. He never played for the bulls but i will stand up for him no matter what anybody says!!!!!!!!!!!!!!!!!!!!!!!
@ Puma:
All i can say is he is either stupid , naive or has a contract that he did not understand when he signed. His Bloody agent we all know is…..
@ superBul:
I think the contract might be it, i will try and get a hold of him and see if he will tell me whats going on. Hopefully we get a inside scoop… will pop him a mail now and lets see what he says…pend me on this one
@ superBul:16 – Super, Like I said a club should only need a weeks notice. Country comes first. BUT Frans was here last week and ready to play but saru had not got clearance and PdV just never took any of Fransie’s calls. So he had no choice but to go back to play for his club. Otherwise would have been now training with the Boks for the Oz tests.
The biggest mistake by PdV was not to select Frans after the Wales game. He should have stuck with him for the French and Italy games and the away tour of the Tri-Nations. By now he would be playing like he was last year. Something needs to get sorted.
@ Durban Bulle:Durban, I will stand up for him too and give Frans 100% support. He is young but always remember him calling that one presener Oom. Now there is a youngster that was brought up with good manners and he loves this country like no other. He has made it quite clear.
I for one would rather have seen him go to another franchise, Bulls or Stormers than go play overseas. After he left Sharks. Would rather our young talent stay here in SA and play even if it means Sharks had to lose him.
What a huge loss to South African rugby, that is all I can say if he does not get selected for the wc next year.
@ Puma:21 – Durban, I never put that smiley up there. So have no cooking clue how it came up .. hehe. Gremlins at work here.. hehehe.
@ Puma:
No problem :-)uma….lol
I agree 100% We need him for next year, aplon is not bad but really dont think he has the full game we need at this level. He is gr8 on attack but i have my doubts with his defence and high ball game…. think the AB’s might just pop a few in the air today…even if its not their game these days….
@ Durban Bulle:20 – Try and see for us Durban. I know he signed a contract with Racing that he is allowed to play for the Boks. Only he has to give them clearance time. Saru have to get the clearance though. 2 weeks is too long should have made it a week. That would have been fair on his club and Boks.
Also read the senior players want him back. Now that says plenty for Fransie. Lots of respect for him there.
Hello boys,
I’m not in the mood to disect half a Regulation from a Legal Point of view, so forgive me if I do not give a Legal Opinion..
None of you have the money to pay my fee for Legal Opinions anyway…. hehehehe… I am mooooooooooosa expensive…. hahaha
But let me say this, one reads between the lines that communication between Fransie and Snorrie has totally broken down, additionally SARU & Racing Metro’s communication is shocking to say the least. Bring into the equasion Fransie’s Agent and the breakdown in communication is almost complete….
Have ANY of these Parties done their best…. not a chance in hell.
@ Durban Bulle:23 – Durban, Expect plenty high balls coming Aplon’s way today. I think Boks must have been working on that this week, they will be expecting I guess.
Now that would not happen if Frans was at FB. Always remember McCaw saying you just can’t make mistakes in your own 22 when there is a player like Frans Steyn in the other team. You can’t defend against a player that can kick for post from 60m out……hehehe. He was spot on the money there McCaw. Now if oppostion captain thinks highly of him why the heck not our coach? Damn something needs to get sorted and get him back here pronto. 😀
@ grootblousmile:25 – gbs, We all know that, so you don’t get paid for that information……hehehehe. Zip nothing…….hehehehe.
@ Puma:
I did send him a mail now so lets see what he says. I do know that the guys playing in the UK singned a contract with something similar to SANZAR in the Southern Hem. This contract allows them to play for their countrys but only in a certain time window( i.e. 5 June 2010 to the 30 Aug 2010, not the right dates just example) and they can only play for their countrys in that window the rest of the time they have to play for their clubs. The only players in the world that signed these contracts and can play for their country at any time is the english, apparently due to high money sponsers from England for the league that this is allowed but if you AB, AUS, SA, French, scot, etc you canonly play for your country in that time window….
Completely mad…i know
Gbs, What time you going to FNB? Damn you are lucky to be going. One place and game I would loved to have gone too.
Will go and watch from our clubhouse should be good.
(B) A Union must therefore be able to select and have available the Players it requires for International Matches and to build and develop team strategies in National Squad sessions in order to ensure that the quality and integrity of international Rugby is maintained. The future development and extension of the sport at all levels and throughout the world would be threatened if a Union was not able to select and have available the Players it requires.
The Tri nations fall in the Test match window the IRB sanctioned. The fact that Steyn was asked to join the training squad is covered in the regulations witch said that they must also be released for the training camp.
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