South Africa: Once Bitten ... Misconduct In Sport And The Suarez Biting Incident

Last Updated: 28 August 2014
Article by Michael Murphy and Farai Razano

Most Read Contributor in South Africa, September 2018

Who knows why Luis Suarez bit Giorgio Chiellini at the FIFA World Cup 2014. Perhaps it's a compliment to great Italian defending? Or something to do with the increasing demands of the modern game? Whatever the answer may be, none of us truly believe that this sort of thing is acceptable. But precisely what are the rules that regulate this sort of conduct?

Most of us were told not to bite when we were very young - so that we know. But what about other forms of misconduct? Where does one find the rules, what do they say, and how are they applied? Too often, even those responsible for implementing misconduct rules end up explaining steps taken on the basis of "the spirit of the game". "This is football" is a common answer to attempts to gain clarity as to precisely what the rules say, and mean. If is often the case that the very tribunals tasked with interpreting and applying misconduct rules believe that this answer justifies almost any approach they feel is appropriate in the circumstances.

Luis Suarez may be able to sit out a suspension of a few months without too much difficulty, but many others could not. Even a short suspension threatens a career. A suspended footballer cannot meet his obligations to his employer and so earn his remuneration, and a host of other interests can also be affected. A club may have planned a season around a particular team and be thrown into disarray if a player is suspended. A sponsor or commercial partner may have developed an advertising campaign featuring someone who is now precluded from playing a part. Most footballers, certainly in South Africa, are breadwinners with families who rely on their earnings to survive. In these circumstances it should be of no doubt that where serious sanctions are a possibility, misconduct rules must be clear, be applied properly, and with due regard for the rights of those who are affected.

A difficulty is that misconduct rules emanate from all sorts of (often confusing and contradictory) statutes, regulations and circulars, and these are from different, interlinked associations. The Federation of International Football Association's disciplinary code contains certain provisions which are said to have a binding effect internationally. Quite often these are not specifically set out in the rules of local associations in which most participants in the game have direct reference. There are also rules that serve as guiding principles and these can influence hearings despite not being incorporated in local rules. If you are a South African professional footballer you may be bound by the codes of FIFA, the Confederation of African Football, the South African Football Association, and the National Soccer League. There is conflict and confusion in many areas, and these rules change from time to time with little input or understanding, and sometimes without any notice, to clubs and footballers. There are also other regulatory provisions, such as the anti-doping provisions set out in the anti-doping code of the South African Institute for Drug- Free Sport. Predictably these must also be read with the World Anti-Doping Code, which also changes regularly.

Just understanding which rules to read is difficult. Understanding and applying them to a particular case with confidence can be close to impossible.

In the past year, two South African footballers, Mahbuti Khenyeza of Black Aces, and Josta Dladla of Kaizer Chiefs, faced misconduct proceedings that could have ended their careers. Khenyeza admitted to guilt for spitting. He was a first offender and did not know of a provision in the FIFA disciplinary code that arguably demanded a minimum suspension of a year for such an offence.

Dladla tested positive for a banned substance. It was common cause that he did not intend to dope. He purchased creatine from a dedicated supplement store (creatine is not a banned substance) and the brand he was given contained Methyl hexamine which is a prohibited substance. In anti-doping matters, liability is strict and so he was guilty. If he could not show exceptional circumstances, he faced a ban of two years.

In both cases, lengthy proceedings ended favourably in the sense that the final arbiters held they had discretion to consider the circumstances and shorter, more appropriate suspensions were handed down. But it could have gone the other way in both cases. If it had, two excellent careers would have ended as a result of a lack of understanding concerning rules that posed a serious risk.

Much more needs to be done to ensure that the rules are clear. The Court of Arbitration for Sport made the point, as far back as 1995, that "Athletes and officials should not be confronted with a thicket of mutually qualifying or even contradictory rules that can be understood only on the basis of the de facto practice over the course of many years of a small group of insiders."

In South Africa, sporting rules and the conduct of rule appliers (such as officials and committees) must also comply with the principles enshrined in our Constitution. So, there is guidance as to what associations and officials must do.

But that is not enough. The former Irish international Tony Cascarino has said that "in his 19 years as a player he was never once handed a rule book by a club, never took part in a training session that explains some regulations and was never a party to a meeting about the laws."

Andrew Ward in Soccer Media and the Lore and Laws of the Beautiful Game had the following to say:-

"There is very little formal teaching of the laws of football, and virtually no wide spread dissemination of the meaning of the laws. Some referees argue that alternative set of football rules are being presented by personalities in the media (pundits, managers, journalists, commentators and players)."

The misconduct rules must clear, but they must also be read. If reading them reveals confusion and conflict, this must be addressed with the rule adopters. When there are cases of importance, the rules that apply and the way in which they are interpreted should be explained – hopefully also by the sporting media. That is the only way to move beyond generalizations and learn. If levels of understanding regarding misconduct rules do not improve there are going to be cases of athletes being suspended where that should never happen. Greater understanding of the anti-doping rules is a particular, pressing and immediate concern.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions