Editorial Vol. 16, Nr. 3, September 2025
It is with much pleasure that we welcome readers to the September 2025 edition (citation: SLT 2025/3) of our ground-breaking journal Sports Law and Taxation (SLT) and online database https://sportslawandtaxation.com.
Sport in South Africa is of major importance and plays a significant role in creating social cohesion, national identity, and individual well-being. It is also a powerful tool for promoting unity, especially in a country with a history of division and an ongoing need for transformation. South Africa is one of the few countries in the world that has competed in all three of the major World Cups of rugby union, association football and cricket, and has also hosted many major sporting events, including the Netball World Cup, which South Africa hosted for the very first time in 2023.
So, we asked Razia Mahomed of the School of Law of the University of South Africa (UNISA), in the administrative capital of Pretoria, where one of her research interests is sport, to explain how sport is regulated in South Africa, with particular reference to the three leading sports of rugby union, association football and cricket, which are very popular and widely practised in South Africa. She also casts an eye on the future. Here follows her report.
“The regulation of sport in South Africa: a focus on rugby union, association football and cricket
Introduction
Sport in South Africa is not only a source of national pride and identity but also a critical site of socio-political contestation. The regulation of sport involves a multilayered framework incorporating national legislation, constitutional principles, self-regulatory mechanisms of sports bodies, and obligations to international sports federations. These frameworks aim to ensure fair play, transformation, safety, and development at all levels of sport. While sport is largely autonomous, the government retains oversight powers, particularly concerning transformation, funding, and international representation.
This review considers how rugby union, football and cricket are regulated within these frameworks, reflecting on issues of transformation, governance, and legal compliance. The review further critiques the impact of international standards, constitutional rights, and internal governance challenges on the regulation of sport.
The legal and institutional framework
The National Sport and Recreation Act 110 of 1998 (as amended)
The primary legislation regulating sport in South Africa is the National Sport and Recreation Act 110 of 1998. The Act provides for the promotion and development of sport and recreation. It empowers the Minister of Sport to oversee national sports development by developing national policies, recognising sports federations, and ensuring equitable access and transformation.
The role of the South African Sports Confederation and Olympic Committee (“SASCOC”)
SASCOC is the umbrella body responsible for coordinating high-performance sport and representing South Africa in international competitions. SASCOC also accredits national federations, thereby playing a gatekeeping role in the governance of sport.
The Constitution of the Republic of South Africa, 1996
The South African Constitution is the supreme law of the land and informs all legislation and policy. The rights entrenched in the Bill of Rights must be complied with in the regulation of sport, rights such as equality (section 9), human dignity (section 10), and freedom of association (section 18) are relevant. The implementation of transformation policies must balance the right to redress with the protection against unfair discrimination.
Regulation of specific sports codes
The South African Rugby Union (SARU)
The South African Rugby Union (“SARU”) serves as the national governing body for rugby in South Africa, operating under a constitutionally grounded governance framework. This framework is supported by a network of provincial rugby unions, which administer the sport at regional levels, a General Council, which functions as the SARU highest decision-making authority.
The SARU mandate extends beyond the administration of the game, as it is legally and policy bound to implement transformation and development plans aimed at promoting inclusivity, equitable access, and demographic representation in rugby. In fulfilling its responsibilities, SARU must also ensure full compliance with the regulations and policies of World Rugby, the sports international governing body.
Governance challenges emerged, particularly regarding quota policies and management transparency, including decision making processes, financial reporting, and accountability structures. These challenges reflect the ongoing tension between transformation objectives, competitive performance, and stakeholder trust.
The South African Football Association (SAFA)
The South African Football Association (“SAFA”) oversees association football in South Africa. SAFA is both a member of the South African National Olympic Committee and the Confédération Africaine de Football (CAF). By virtue of these associations, SAFA is empowered to oversee the development, promotion, and regulation of all football in South Africa, whether professional or amateur. SAFA is also a member association of Fédération Internationale de Football Association (“FIFA”) and thus subject to the overarching authority of the global governing body.
The National Soccer League (“NSL”), trading as the Premier Soccer League (“PSL”), is a voluntary association and special member of SAFA. It’s rights, powers, and obligations are set out in the SAFA Statutes and the NSL Handbook.
Whilst SAFA enjoys autonomy in line with the FIFA Statutes, its governance has been affected by election controversies and administrative inefficiencies. The PSL, although a major commercial entity, remains under SAFA jurisdiction.
Cricket South Africa (CSA)
Cricket South Africa (“CSA”) has undergone significant governance reform following the 2011 Ministerial Committee of Enquiry, which produced the Nicholson Report. As a result of this Report and the mandate received from the Minister of Sport, CSA adopted a new Memorandum of Understanding in 2021, introducing a new governance structure. CSA currently operates with a dual governance model, involving a Members’ Council and an Independent Board.
CSA must navigate the International Cricket Council (“ICC”) non-interference standards, whilst also meeting government transformation objectives, a complex balance that often produces tensions between international and national policies.
Transformation and government oversight
Transformation remains a central policy concern. The South African sporting landscape continues to reflect the legacy of apartheid, necessitating deliberate measures to promote equity. The government uses tools such as the Eminent Persons Group (“EPG”) Report to monitor racial and gender equality in sport.
The EPG establishes monitoring systems to evaluate, advise, and report on the Transformation Charter and its associated scorecards. Sports federations are assessed against predetermined Charter targets as well as their self-set objectives. This evaluation process can create tensions when international sports federations resist government involvement, placing them in challenging positions.
Challenges and critiques
Autonomy vs. government intervention
Although autonomy of sport is a core principle of international sports law, South African policy mandates active government involvement to rectify historical inequalities. This tension is particularly pronounced in rugby and cricket, which, historically, have been white dominated.
Governance deficiencies
All three codes have faced governance challenges, from financial mismanagement in CSA to leadership disputes in SAFA. Such issues undermine public trust and threaten compliance with both national law and international standards.
Constitutional dilemmas
Transformation policies must carefully navigate constitutional limits. Affirmative action in team selection, whilst promoting diversity, can sometimes clash with individual rights and perceptions of meritocracy.
Conclusion
The regulation of sport in South Africa is marked by a complex interplay between law, politics, and international sport governance. Rugby union, association football, and cricket illustrate the multifaceted challenges facing sports regulators, including enforcing transformation, preserving autonomy, and ensuring good governance.
Future progress depends upon clear policy directives, professional administration, and ongoing dialogue between the government and the Sports Federations.”
We would remark that this presents quite a challenge for all stakeholders involved in sport in South Africa!”
2025 summer football transfer window
We would also report on the highlights of the association football 2025 summer transfer window, which opened on 16 June and closed on 1 September, and in which, as usual, the English Premier League led the way on spending.
Here follows the Deloitte Sports Business Group Press Release.
“Premier League spending record eclipsed as clubs spend more than £3bn for the first time
– Premier League clubs’ gross summer transfer window spend of £3.0bn is c.£650m higher than the previous record of £2.4bn set in the 2023 summer window;
– Gross spend in the 2025/26 season is already the highest ever, exceeding the previous record set in the 2022/23 season £2.7bn, with the January transfer window still to come;
– Premier League clubs’ net spend of £1.2bn is also the highest ever, a 114% increase on the previous summer (2024: £570m) and 13% higher than the previous record (2022: £1.1bn);
– Premier League clubs’ gross spending outstripped that seen across the rest of the “big five” leagues in Europe, making up 51% of total gross spend among this group;
– Premier League clubs’ net spend of €1.4bn contrasted with an average net receipt of €90m across the rest of Europe’s “big five” leagues (Serie A: net spend €90m; La Liga: net spend €40m; Bundesliga: net receipt €180m; Ligue 1: net receipt €305m);
– Championship clubs’ gross spend (£240m) is £95m higher than the previous season (£145m). Overall receipts (£355m) also increased, demonstrating a pickup in transfer activity;
– Transfer receipts from sales by the sides relegated from the Premier League to the Championship for the 2025/26 season increased by 123% (2025: £225m; 2024: £100m). Expenditure among these sides totalled £90m, up 274% on the gross spend of the sides relegated in the previous summer (2024: £25m) and making up 36% of Championship clubs’ total gross spend.
The 2025 summer transfer window saw Premier League clubs spend a record £3.0bn, according to the Deloitte Sports Business Group. This marks the third consecutive summer in which gross spend has exceeded £2bn, and the first in which it has reached £3bn.
Premier League clubs’ spending outstripped that seen across the rest of the “big five” leagues in Europe, making up 51% of total spend among this group. This marks a 5-point increase on the average for the previous five summer windows (46%).
Tim Bridge, lead partner in the Deloitte Sports Business Group, commented:
“A third record-breaking summer of Premier League spending in four years sends a strong signal that, despite subdued spending across the rest of the continent, clubs have no plans to slow down their investment in the on-pitch product. With more English teams than ever competing in European competitions – more than any other league across Europe – Premier League clubs are looking to attract the best talent and further cement the league as the most competitive in world football.”
And added:
“There continues to be a complex regulatory landscape from both domestic and European governing bodies, however there is clearly still strong appetite for recruitment, acknowledging the need to maintain investment to remain at the top. However, financial sustainability should still be at the heart of all business to encourage the long-term success of any football club.”
Record British transfer fee
A British transfer fee record of £ 125 million has also been set by Liverpool FC with the transfer of Alexander Isak from Newcastle United FC on the last day of the transfer window. Isak, who is 25 years old and a Swedish international player, has signed a six-year contract.
The British club have already broken their club transfer record during the 2025 summer transfer window by also signing the German Florian Wirtz from Bayer Leverkusen in a transfer deal worth initially £ 100 million, with add-ons of £ 16 million.
In fact, the total spent by the club, with other players also signed, amounts to around £ 416 million, without any add-ons.
World results in football
According to the CIES Football Observatory Report of 3 September 2025, in total, clubs around the world invested approximately € 14.2 billion, 14% more than the previous record set in 2023.
The balance sheets for the 121 teams worldwide involved in incoming or outgoing transactions totalled more than € 50 million overall.
With around € 500 million invested and € 255 million received (including add-ons and sell-ons), Liverpool tops the rankings in terms of fees generated (€ 755 million).
Two other English teams complete the podium: Chelsea (€ 754 million) and, further behind, Manchester City (€ 556 million).
In terms of net spending, the most negative balances were also recorded for English clubs: Manchester City (–€ 369 million), Arsenal (–€ 366 million) and Liverpool (–€ 245 million).
In contrast, three French Ligue 1 teams totalled the most positive net spending for transactions completed in 2025: RC Lens (+€ 113 million), Olympique Lyonnais (+€ 108 million) and Monaco (+€ 95 million).
In terms of the number of fee-paying transfers, whether for revenue or expenditure, the most active clubs were AC Milan (37 deals), Juventus (33) and Chelsea (32).
Women’s football world record transfer
Records have also been broken in the 2025 summer transfer window for the women’s game.
London City Lionesses have agreed a £ 1.4 million (around € 1.6 million) world record fee for the transfer of the midfielder, Grace Geyoro, from Paris St-Germain, on the deadline day of 4 September 2025 in the Women's Super League.
Geyoro, who is 28 years old, has 103 caps for France with particular experience in the Champions League.
Her transfer means that London City have made 16 permanent signings in a busy summer during which the American billionaire owner of the club, Michele Kang, has demonstrated that she is willing to invest in her team.
The agreed fee for Geyoro beats the £ 1.1 million (around € 1.2 million), paid by Orlando Pride to Tigres UANL for Lizbeth Ovalle, the Mexico winger, in August 2025, which, at that time, was the highest fee paid for a player in the women's game.
Women’s football continues its spectacular upwards trajectory!”
Genetically edited polo horses
Away from football, we now turn our attention to a sport that we do not often cover, polo. It is often called the “sport of kings” because of its ancient origins as a military training game for Persian cavalry and its later adoption and development by royal courts, which established polo as a sport of prestige and skill for the nobility. The sport later spread to Asia, Europe, and other parts of the world, including South America, and continues to be associated with high society, royalty, and celebrities. For example, members of the British royal family, like king Charles and his sons, William and Harry, are well-known players.
As regards South America, polo is most prominent and popular in Argentina, where it is considered not only to be the heartland of the sport, but also produces many of the world's top players and horses.
In fact, it has recently been reported that the world's first genetically edited polo horses have been born in Argentina.
They were created by the biotech firm Kheiron S.A., using the CRISPR-Cas9 gene-editing technique, whereby scientists have modified the DNA from a champion mare, named Polo Pureza, to increase explosive speed, which is desired for the fast-paced sport of polo. The technique was employed to make precise edits to the horse's genome.
The goal was to enhance the performance of the horses whilst maintaining their natural agility and temperament.
These horses are considered in Argentina to be natural, and not genetically modified organisms (“GMOs”), as they have received edited natural gene sequences rather than foreign DNA, a process which is likened to natural breeding but is completed more quickly and precisely.
The edited horses are expected to inherit Polo Pureza's agility and other positive qualities, but also possess enhanced explosive speed, making them superior for polo.
It is also claimed that these edited horses comply with current Argentine regulations and do not fall within genetic doping or GMO classifications.
Not surprisingly, this development has given rise to a debate in the polo world, which is questioning whether it is a legitimate scientific advancement or a form of artificial manipulation, similar to performance-enhancing drugs. In other words, whether gene editing amounts to a form of cheating.
There are also wider implications, as this technology is expected to be used in other equestrian sports, such as show jumping and racing.
Articles in this issue
We now turn to some of the articles in this issue of SLT and, firstly, would draw your particular attention to the mind-blowing article “Esports law in the age of AI” by David B. Hoppe.
He introduces this intellectually challenging subject as follows:
“Readers of a certain age will remember when IBM AI Deep Blue defeated reigning World Chess Champion Garry Kasparov in 1997. Others know Big Blue’s Watson crushed Ken Jennings and Brad Rutter, two of the game show’s biggest stars, in a 2011 Jeopardy! exhibition. In 2019, OpenAI Five outplayed the world champion Dota 2 team, OG, in a best-of-three match.
This last robotic triumph shook the esports industry. Unlike IBM’s victories, it was not difficult to imagine how unscrupulous esports teams could harness the likes of OpenAI Five’s prowess to gain an unfair advantage. The good news is that AI can also combat these efforts. Today, sophisticated machine learning-based anti-cheating systems observe esports events in real time.
The bad news is that these systems are not perfect; their efforts have led organizers to impose discipline and suspensions even as players protest their innocence. The monitoring, enforcement, and liability implications surrounding this use case are obvious, but as AI promises to transform esports in decidedly more positive ways, including coaching, talent scouting, marketing, broadcasting, and fan engagement, additional legal implications manifest.
– Who owns an AI-trained strategy?
– How common are cheating allegation false positives?
– When does AI assistance cross the line?
– Do AI strategy recommendations based on gameplay footage violate copyright?
– Can AI evaluate performance using biometric data without invading player privacy?
Esports stands at the threshold of an AI-driven revolution that will fundamentally reshape competitive gaming. Unlike traditional industries where AI primarily augments human capabilities, esports promises unique opportunities for AI to redefine competition, training, spectator engagement, and, in a dystopian scenario, even unfairly influence gameplay.
The potential for abuse, as well as the civil, ethical, and technical implications of even beneficial AI augmentation, demands that society fully understand the implications and take steps to protect people and preserve the integrity of esports. The industry, including esports players and teams, game developers, tournament organizers, and lawmakers, must address AI-assisted gameplay, determining where to draw the line between AI assistance and unfair advantage. It must consistently prevent, accurately detect, and equitably punish AI-enabled cheaters. And it will have to address chronic data privacy and intellectual property concerns.”
And he concludes his thought-provoking article as follows:
“Players must be given easy access to dispute resolution tools if they contend AI has falsely accused them of cheating. Mandatory arbitration or appeals processes should be standardized in league rules.
Regulation
Given these risks, what licensing requirements should governments impose on the use of AI in esports?
Here are some possibilities:
– fairness certification: leagues or governments could mandate audits for AI tools used in competition to ensure no hidden biases exist.
– transparency mandates: media companies could be required to disclose their use of AI to influence broadcast decisions, commentary, betting odds, or player contracts;
– expressed consent: laws could ensure players opt into AI-driven performance tracking or likeness usage.
Stakeholders in the esports industry should engage with law firms experienced in AI, esports, contract law, and IP to protect their interests, conform to regulations, and plan for future regulation.
By addressing looming challenges and opportunities now, esports can harness AI’s benefits, while maintaining the competitive spirit that defines the industry.
We would also draw your particular attention to the article on the equally challenging subject of “The evolution of motorsport safety: a legal and technical analysis” by Brett Viedge. In the introduction to his article, he remarks as follows:
“Over the years, motorsport safety has been continuously improved in order to minimize the number of fatalities and injuries. Although Formula 1 has seen a large number of fatalities and tragedies in a relatively short period of time, with more than 30 drivers losing their lives between 1950 and 1994, it remains the fastest motorsport of all time around a circuit, and has made the greatest strides towards becoming the safest mainstream motorsport. Several factors contributed to this, as well as other pivotal moments that helped make F1 one of the safest forms of motorcar racing today. The purpose of this article is to discuss how driver safety has evolved, and how these changes have impacted on the sport. The emphasis we place on these moments not only allows us to understand how this was achieved but may also enable other forms of motorsport to implement similar changes or develop the technology or legislation needed to accomplish this.
As much as motorsport is a dangerous activity, which helps add to its legendary status among fans, it was deemed unacceptable that so many drivers are at risk, causing regulatory bodies to become involved, as well as team owners and other influential figures. This undoubtedly reduced both the frequency and severity of injuries and fatalities, although there are still areas which need improvement, as highlighted by some recent events which we shall be discussing. These incidents pose the question of liability for the circuits, event organisers, F1 teams and the drivers, as to whether they may be held liable for any fatalities or accidents that may occur. Through a comprehensive review of historical data, safety regulations and recent accident cases, a clearer understanding of these questions will be provided.”
He goes on and reaches the following conclusions in his article:
“Technology is evolving at a rapid pace, and there are endless opportunities available to implement some of this new technology into Formula 1 and motorsports as a whole. The emergence of artificial intelligence (AI) has taken the world by storm, and many Formula 1 teams have already begun using this to their advantage, better analysing and viewing data to develop their cars and technology, faster and more efficiently. Whilst the focus has primarily been on improving performance and optimising their overall packages, there is no reason why this technology cannot be used to identify problematic areas on a circuit, or predict a crash due to the external factors that may be present, such as tyre degradation or weather patterns. We live in an age of self-driving vehicles and other incredible technological advancements, which could all be implemented in Formula 1.
However, this is not something that is likely to be received well, as part of the excitement and exhilaration that makes F1 so entertaining, is the human factor that accompanies the incredible speeds and adrenaline fuelled races. Human error has a huge impact on the outcome of any given race, which adds to the entertainment, and allowing computers and AI to make key decisions will likely take away much of the excitement. F1 drivers notoriously have very few driver aids at their disposal, highlighting the driver’s pure skill and pace, without relying on technology that would undoubtedly assist them in making fewer errors or setting faster times on track.
With this in mind, it is obvious that any mention of AI, or any similar technology that could possibly assist drivers, would be met with huge backlash and disgruntlement from fans and drivers alike, which would undoubtedly lead to a decrease in viewership and popularity, doing more bad than good in the long run. However, from a safety perspective, it might be possible to implement certain features that could potentially save drivers lives, such as the technology seen in modern cars that detect whether a driver has fallen asleep or has become unresponsive, and acts accordingly. We have seen instances in the past where drivers have become unconscious and left their foot on the throttle, such as the notorious 1992 Belgian Grand Prix, where Senna’s quick thinking and responsiveness potentially saved the life of Erik Comas, and is a huge concern presently, especially during intense races such as in Singapore and Qatar, where drivers are exposed to extreme temperatures, and are prone to vomiting or passing out whilst driving. Therefore, the implementation of technology that could temporarily take control over the vehicle during these periods of unresponsiveness and safely manoeuvre them off track or limit the drivers controls, is a seemingly viable option, considering the above dangers.
As mentioned, technology is constantly evolving and improving, and, subsequently, safety measures are constantly improving as well. Important safety measures, that we mentioned, are becoming more effective as we progress, as new materials and information is being discovered. Although it may not be as drastic as, for example haybale barriers to TecPro barriers, every aspect of Formula 1 is scrutinised and optimised, as you would expect from such an impressive sport, which if done correctly, will ensure that the safety of the drivers and everyone else involved will increase, without placing unrealistic limitations or burdensome regulations on teams and drivers, which could ultimately destroy the great sport of Formula 1.”
We would also mention the article by one of our regular contributors, prof. dr Steve Cornelius, on the fascinating subject of “The future of sport in an AI-driven world”, in which he considers how AI is being used to date and the challenges and the opportunities that AI presents to all those involved in sport in the future.
He concludes his article with the following thought-provoking remarks:
“The rise of AI heralds the dawn of a brave new world and we can only begin to imagine where all of this will eventually lead.
In this article, I have given an overview of some of the uses to which AI can be put in sport. I have not even touched on the use of AI to design better equipment or safer facilities, or create new designer performance-enhancing drugs that would be difficult to detect. The proliferation of AI in society and the various uses to which AI can be put, has already inevitably impacted on the world of sport.
Apart from the use to enhance sport, AI has itself become a competitor in sport as well and this is only likely to grow. Sports federations will have to take a cue from the Fédération Aéronautique International and consider how, and to what extent, newer versions of their sport with AI competitors may look.
Without a doubt, sports governing bodies will have to convene panels of experts to advise them on the future of their sports in the time of AI. Hard decisions will have to be taken on the use, limitation of use or ban on use of AI in various contexts within their respective sports.
And sports integrity units will have to understand that AI will be their friend in the fight against doping, match-fixing and corruption in sport, but AI will also be their sworn enemy that will pose new unfathomable challenges to sports integrity.
What is absolutely certain, is that no sports federation can sit back and ignore the possibilities, benefits and risks that AI presents. Current rules and regulations will have to be revisited, and new rules and regulations may be required to ensure that sport can deal with the future in an AI driven world.”
Finally, we would also mention the article by another of our regular contributors, Kevin Offer, on the important subject of “Tax issues surrounding football transfers”. As he rightly points out:
“Football transfers can appear to be the subject of rapid negotiations with a transfer sometimes appearing to be agreed in a matter of hours.
However, with differing payment structures and, in some cases, a player moving from one country to another, the tax issues that arise around a transfer are significant.”
As you will see from the Table of Contents of this issue, we include, in addition to the articles highlighted above, a wide range of topical sports law and sports tax articles, which, we believe, will, once again, engage our readers’ attention and provide them with much ‘food for thought’.
As always, we would welcome and value our readers’ contributions in the form of articles and topical case notes and commentaries for our journal and also for posting on the SLT dedicated website https://sportslawandtaxation.com, which covers important sports legal and tax developments and issues, including media releases from the Court of Arbitration for Sport, including one regarding an appeal, filed on 1 September 2025, by the controversial Algerian “female” boxer, Imane Khelif, against World Boxing concerning their decision disallowing the boxer’s participation in forthcoming World Boxing events without a preliminary genetic test.
So, now read on and enjoy the September 2025 edition of SLT.
Dr. Rijkele Betten (Managing Editor)
Prof. Dr. Ian S. Blackshaw (Consulting Editor)
