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