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Thursday, December 15, 2005


Discussions: Is this the end of the John Smit saga?

By Brendon Foot

It certainly wasn't "home Jerome" but rather "off to hospital" for the French captain Jerome Thion, who suffered a fractured larynx as a result of the clash of the captains in Paris.

This resulted in Springbok captain Smit receiving a "Dear John" from the International Rugby Board, who banned him for six weeks.

The Frenchman recovered fairly quickly, being allowed to drink "milk and frozen products" the next day, which in itself must have been something of a punishment for any food and wine-loving Frenchman.

Sharks CEO Brian Van Zyl bemoaned the loss of fellow-Pretoria High School Old Boy Smit, who will be unavailable for the first three Super 14 matches next year.

Can Thion, or his club (who are reportedly considering legal action) successfully sue Smit for damages?

Although there is an increasing tendency towards litigation as a result of violence in sport, most of these incidents "stay on the park". This can partly be ascribed to the testosterone-inclined notion that "cowboys don't cry".

Some matters have found their way to court, however. The Boshoff brothers, for example, will probably think twice before playing squash against one another again. One of the brothers was injured by a "flying" racquet and sued his sibling in the Free State Provincial Division of the High Court.

The action failed because, among other reasons, the injured brother had been found to have "voluntarily consented to the risk of injury".

The IRB regulations themselves make it clear that rugby is a physical, contact sport which often results in injury. There is provision for so-called "injury-time", after all.

The defence of "consent" only extends to injuries that occur within the normal course of the game. Even if the injury occurred as a result of a contravention of the laws (as in Smit's case), but was foreseeable in the normal course of a game, the defence will still succeed. But if an injury is caused by a deliberate intention to injure someone or a gross contravention of the rules, then there is the possibility of successfully suing. This type of intention is not uncommon in sport.

Roy Keane, who recently quit as captain of Manchester United, admitted in his biography that he deliberately targeted Alfe Inge Haaland of Manchester City. In my view, Thion (or his club) will not be able to successfully sue Smit. "Le coq sportif" had surely consented to the risk of injury and Smit's conduct did not (I think) grossly exceed the norm in this physical and risky sport.

# Brandon Foot is an attorney specialising in sports law and the past President of the Northerns Cricket Union.
Question is

Where did he get it- so please avoid.
He got it from some or other prossie is Boksburg OO!  




stiek uit jou bang ding  

I agree with Brandon

There's no way such a law suit would succeed in SA law because we have a continental system of injury (or delictual) law.

You have to prove certain elements to succeed with a lawsuit for injury and damages. If one is missing, then you lose.

You have to prove

1. An act or an ommission

2. That is wrongful

3. That causes damage and which

4. Can be ascribed to the fault (intent or negligence)

5. of another person

The defence of voluntary submission to possible harm excludes wrongfulness.
Province, I'm confused. What did that last post mean? I know you gave a whole lesson yesterday, but I'm still confused. I am after all the biggest of all boere thugs, I live in Boere thug city aka Pretoria, went to school on a agricultural school in Brits, and I support the Bulls and have season tickets for Loftus.  
Aldo,finding out the meaning of that can be your homework for the weekend.  

I was never good at doing homework. Used to get into trouble all the time.
lol Also

Okay for all you Capies.

Put this in your pipe and smoke it!!!

This is from Stats SA:

1. Gauteng has 27% of the country's people

2. Gauteng employs 47% of the nation's people

3. Gauteng has on average 15% higher salaries than the rest of the country

4. Gauteng contributes 51% to SA's GDP

5. Gauteng is SA's smallest province!!!!

Hey I'm tuning you one time my larney. Don't tune me what's what and all, right? Or I'll drop you with one capsizing blow!

Lens speak
DavidS you sound like Michael Naiker!  
Got to feel for the Sharks management on this one.

They are being made to pay for infringements at national level.

Surely J.Smit should be banned from international games for a set period or specific amount of games?

PS: Roy Keanes comment in his book concerning Haaland should have had him put in jail.It was something to the extent of this...."I think the ball was there somewhere,I really went in to hurt the bastard".......and as a result Haaland had his career ruined.
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