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
@ Durban Bulle:28 – Durban, I read that about the English clubs but somehow think the French clubs are a bit more relaxed with that with player and country.
Anyhow would be good to know. So keep us informed here buddy.
I am a huge Frans Steyn supporter.
Just a question for you guys would like to hear your opinions…..
I really think the bokke going to give the AB’s a hard game today, i’m just very worried about our backline defence, on attck they guys in the team is great but on defence they are small and most of these guys are the guys that break away from their defence line in their super 14 teams…. i think we gonna see some big gaps if the AB’s start running at us hard, really hope i’m wrong.
Your opinion?
Puma wrote:
Eish when you believe in a guy blindly there is no hope in arguing. His accuracy is 1 in 4 or even less.
29@ Puma:
Oupa, I will be leaving here between 12:30 and 13:00… want to be there early… I have VIP Parking and all but I want to soak up everything this afternoon offers.
Did you read my Article on how Awesone FNB Stadium actually is??
@ Puma:
will do
@ Durban Bulle:32 – Durban, I feel a bit of the same. We also have two new centre pairing. So hope that works out. Think it should, hoping. Also hoping for a big game from Hougaard. JPP’s defence is fine. Now hope Habs has got back into form. Was not good on the away tour. Aplon has huge heart his defence is okay but he will be targeted make no mistake.
Not to piss on anybody’s batteries… but the All Blacks are going to beat us again….
@ superBul:
super bul fair comment but…… does he get the kicks in front of the post or even in the same half as the post he is kicking at? 99% of his kicks(while he was in SA) was from 50 meters up. Take a guy like naas olivier. his short kicking game is great but if you give him a kick at distance its not up to scratch anymore… take away all his short kick and work out his conversion rate and see what you get…
@ grootblousmile:
Mag die angels op you kop pippie!!!!! as die Bokke wen vandag…:-)
@ Durban Bulle:
28
That is all stipulated in the IRB regulations, my question is does the IRB regulations override a club contract?
@ superBul:
Agreed 100% if it does at the moment it should be stopped as of yesterday, cause if its true we are heading the way the english soccer is going and we all now how great they are at the moment with the game they invented..as per them…
@ grootblousmile:34 – Gbs, Yip read all about that new Stadium from your thread. Sounds super duper brilliant.
If I was going would be going very early too to soak up the atmosphere. Feels like a world cup game, well that kinda feeling maybe cause of the new venue and the great technology they have there. That camera going to give us a great view.
Lucky you enjoy it. I will watch from the club house, atmosphere good there but nothing like going to the game.
@ superBul:33 – Super, McCaw said that after last years Bok game in NZ. You have to believe the players they are battling it out on the field.
That is a huge weapon to have super. Bring that kid back. I read a brilliant article in the Tribune last week and this writer called him The Kid. The reason PdV has not done well this year cause he dropped his best player “The Kid” it was a good read and good sense of humour too but he made sense that writer.
@ Puma:
Puma you in dbn or jhb at the moment?
@ Durban Bulle:
38
Jy weet ek het sy skoppe net soveel geniet nadat hulle oor was. Toe die bal aanvanklik vir hom gegee was het ek gewonder , Waarom die bal van Morne wegvat terwyl hy byna 100% raak geskop het. Gelukkig vir ons en veral vir hom was die twee skoppe reguit en was hulle oor. Die groot status wat hy met daai skoppe behaal het is ver oordrewe.
Die 57.5 meter skop van Morne om die Britse Leeus te klop was nou regtig legendarius. Dit was skuins en skitterend en as ek reg kan onthou hoog en suiwer. Morne kon ook daai afstand haal. Die feit is maar net baie ander was al gemis.
We on our way to the Dros in gateway for the two games, i got tickets for the sharks game but dont want to miss the SA game and i’m not going to watch it on the bog screen at the stadium…not the same…..
Okay I have to check the painters work from yesterday. Hope it is all up to standard….hehehe.
Such a beautiful day here in Durbs. Hope it stays this way for the Sharks game later too.
Gbs, Enjoy the game and TAKE PHOTOS and post them there. Also try and post with us while there. Gives us a good feeling of the game there. Will read a bit when I come back from the club. Will watch the Sharks game back at home.
Cheers all back later.
GOOOOOOOOOOOOO BOKKKKKKEEEEEEEEEEEEEE
GOOOOOOOOOOOOO SHARKKKSSSSSSSSSSSSSSS
Bokke Game Thread scheduled for 15:00 already….
I will handle that one live from the venue.
The Sharks / WP game thread I will schedule now, for 18:00…. SuperBul will handle that one for R-T while I party and hob-nob after the Test.
I will no doubt record both matches this afternoon….
@ Durban Bulle:46 – Pity about that big screen at the stadium at the tank. Not big enough and you wont hear much. The vibe to watch the Boks is at a pub or with friends at home.
If I could have watched the Boks at the club and made it in time to the Tank, would have gone but it would be far too hectic. So watching Boks at the clubhouse and Sharks game at home.
Okay cheers everyone. Catch up later.
@ superBul:
natuurlik niemand raak aan koning morne nie….. op die tune van ole ole ole ole sings ons ….morne morne mornemorne….:-)
Cheer Puma GGGGOOOOOOOOO BOKKE!!!!!!!!
@ Puma:
Puma we harp around the Steyn issue but that is not were we lost the tests or will lose or win them. It is a waste of time to fight for this little player and the damage with this fight will be far reaching.
The Boks that called for his return who do you think they are? Will it include Gio and Zane? What does it mean for their confidence? Will Steyn bring a 10 point swing to the Springboks?
If we can just get a fair deal in penalties and cards , get a fetcher who can bend the rules like someone else we will be there. Also get Habana back on form might help.
Today we will see what the Boks did in the 3 week break.
Welcome to 4 new bloggers on R-T
Mielie Pap Mike
Miranda31Bonnie
BugsBunny
andrejangrobbelaar
Enjoy!
ok no disrespect but the article is done by someone that dislikes steyn , so to total unbiased report in my mind not totally possible
my view is plain and simple,
Make up your minds ( saru ) Do we allow overseas based players or not
If so do your work and get it right,
If your policy is no , stop choosing anyone based overseas , make it known and move on
NO ACCEPTIONS
As far as concerned all we get is some pro Steyn and some not, some throwing blame around etc , IF Saru do their damn work and stick to policies then there would not be this issue
If Steyn is to blame as some in here think , NO Problem tell him he ios no longer wanted and MOVE ON
But no doubt tis situation cannot continue ,
54@ sharky_forever:
Try and be objective Tjarkie…
We know you smaak Fransie Stukkend…
Nobody was biased in the Article, hell the Article actually largely reflects the actual IRB Regulations… so I suppose the Regulations are biased as well??
@ sharky_forever:
That is the problem with articles on R-T , we comment on our own articles. One should not really comment on your own article , you had your chance to say what you want to say , give the others chance to rip it apart.
But i want certain answers , and sadly the 2 players affected is both Shark favorites almost untouchables.
The question is can SARU take the Club to “court”
Frans played yesterday
Frans was not released
What is the lessons from all this.
@ sharky_forever:
Sharky agree totally. I can promise you Frans not at fault here i will put my head on a block for that!!
Anyone watching SS1 , BIL tour
@ superBul:nope at work…arrrgghhhhhh
Puma if you are still around England vs Pakistan
England 233 & 222
Pakistan 308 & 17/1 (2.4 ov)
Pakistan require another 131 runs with 9 wickets remaining
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