Bought, Not Built: the South African schoolboy rugby market.

Abstract

Elite schoolboy rugby in South Africa has become a professional talent market in which every player is a child. Leading schools are reported to spend around R6 million a year each on their first teams. Matches are streamed to more than a million registered users, schools are ranked weekly down to under-14 level, and provincial unions publicly announce the schoolboys they have “secured” for the following year.The most contested practice is the late transfer: a boy developed at one school from Grade 8 is moved to another school in Grade 10 or 11, on a bursary, a fee discount or a coach’s promise, to strengthen its first team for two seasons. Schools have argued about this publicly for fifteen years, and nothing has stopped it.What the paper does not object to. Nothing in the paper is an argument against the sport bursary as such, and least of all against the bursary that opens a strong school to a talented boy from a disadvantaged community whose family could not otherwise afford it. In a country where the quality of a child’s schooling still tracks the geography of apartheid, such a bursary is one of the few ways to move a boy from one side of that line to the other, and section 9(2) of the Constitution expressly permits measures of that kind. A bursary awarded on entry to Grade 8, disclosed to the family in writing and not conditional on playing is, in the paper’s words, “an educational act”. The objection is to timing, secrecy and conditionality, not to opportunity.The paper makes three findings. First, almost nothing in sport or education rules governs this market: SA Rugby’s own player regulations only apply from age 18. Secondly, the law that does apply is child law (the Constitution and the Children’s Act), and it has never been applied to school rugby. Thirdly, a school that loses a bursary boy to a rival has almost no legal remedy, and never against the boy, because the law does not treat a child as an asset. The paper ends with a practical proposal: a National Code that can be adopted now, without new legislation, built on one principle: the child is never the one who is punished.