A legal battle could disrupt the upcoming All Blacks tour to South Africa after the government moved to declare the Greatest Rivalry Series a protected event in the national interest.

Minister of Trade, Industry and Competition Parks Tau published a notice in the Government Gazette outlining his intention to impose strict regulations on the series, which would prohibit unauthorised use of branding, trademarks, slogans and logos linked to both teams.

Trade union Solidarity has announced it will oppose the proposed declaration, with its legal team preparing to submit formal objections to the regulations. Members of the public can submit comments on the protected status until Wednesday, 22 July.

‘Abuse of power’

Solidarity described the move as “a blatant abuse of power that opens the door to greater state control over private sporting events” and warned it would increase costs while limiting organisers’ freedom of choice.

Theuns du Buisson, economic researcher at the Solidarity Research Institute, said the government should not impose controversial procurement requirements on private organisations through the Greatest Rivalry Series.

“Our biggest concern is the attempt to impose BEE regulations and procurement requirements on the organisers of the All Blacks tour,” Du Buisson said. “Solidarity is already challenging the Public Procurement Act in court. Imposing these requirements on independent events whilst the Act is still being challenged makes no sense.”

Impact on existing contracts

Du Buisson questioned how the regulations would affect businesses that have already signed contracts for supporter jerseys, marketing and other products.

“If the law is applied to its fullest extent, only 100% black-owned businesses may have the right to manufacture or sell Springbok supporter jerseys. Such an outcome is simply absurd,” he said.

The union argues that granting protected status creates a dangerous precedent for government interference in private events.

“Once a minister can declare anything to be in the ‘public interest’ and subsequently subject it to state procurement requirements, there is virtually no limit to state interference. Today it is rugby. Tomorrow the same principle could be applied to many other private events,” Du Buisson said.

Administrative burden

Solidarity also raised concerns about additional administrative costs, including mandatory impact reports to the minister and other regulatory requirements.

“South Africa should encourage international sporting and cultural events, not deter them through excessive state control,” Du Buisson said.

The proposed regulations are available for public viewing on the Government Gazette website.

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• Source: KickOff