Abstract

This article provides an overview of the significant changes in the power dynamic between athletes and governing bodies and how these changes impact the contracting of professional athletes in South Africa, specifically in rugby and cricket. The article examines the initial embracing of standard employment law contracting models in professional team sport and how these are being replaced by atypical employment relationships and free agency, at the instance of the athletes. This change has occurred at a time when South African professional teams have enjoyed unparalleled success, making it possible to argue that success for a business entity may be achievable without there being employment contracts in place with the key individuals responsible for that success.