DISCIPLINE - FOUL PLAY REGULATIONS
SARU has adopted Regulation 17 of World Rugby (“Regulation 17”), mutatis
mutandis, subject to the following amendments:
1
Interpretation
In these regulations –
1.1
Citing Commissioners’
Panel
means a panel of individuals appointed from time to
time by the National Judicial Committee, of such
number as the National Judicial Committee thinks fit. A
Citing Commissioner shall not be a full time employee,
a full time independent contractor or perform a
governance role in SARU or any of its members. A Citing
Commissioner shall have an in depth knowledge of the
game. The National Judicial Committee may, at its
discretion, remove any member of the Citing
Commissioners’ Panel, at any time for whatever
reason. The decision of the National Judicial
Committee shall be final.
1.2
Constitution
means the Constitution of the South African Rugby
Union.
1.3
World Rugby
means the governing body of the game of rugby
globally with its office at World Rugby House; 8-10
Pembroke Street Lower; Dublin 2; Ireland.
1.4
Judicial Officers’ Panel means a panel of individuals appointed from time
to time by the National Judicial Committee as Duty
Judicial Officers or Judicial Officers, of such number
as the National Judicial Committee thinks fit, each
of whom shall be qualified and eligible to act as a
Duty Judicial Officer or a Judicial Officer or an
Appeal Officer in terms of World Rugby Regulation
17.13.1(c) and 17.13.2, with the power to co-opt
from time to time additional individuals to the
panel. The National Judicial Committee may, at its
discretion, remove any member of the Judicial
Officers’ panel from the panel, at any time for
whatever reason. The decision of the National
Judicial Committee shall be final.
Approved by General Meeting on 9 December 2016
2
1.5
1.6
Match
National Judicial
Committee
means any match as defined in the Laws of the Game
conducted by or under the auspices of SARU, except
matches conducted by or under the auspices of a
Member or Associate member (as defined in the
Constitution), or international matches, international
tours or international tournaments.
The committee to which the Executive Council of SARU
in terms of clause 17.13 of the Constitution has
delegated its disciplinary powers in terms of clause
17.12.2 of the Constitution, and otherwise, with the
right to further delegate such powers to disciplinary
committees or judicial officers.
1.7
Person
means a player, trainer, referee, touch-judge, coach,
selector, medical officer, physiotherapist or any other
individual who is or has been at any time involved in
the Game of Rugby Football, or in the organisation,
administration, or promotion of the Game under the
jurisdiction of the Union or a Member of the Union, or
other body affiliated to the Union or a club as defined
in clause 3.1.18 of the Constitution.
1.8
Province
means a provincial union as defined in clause 1.2.21 of
the Constitution.
1.9
SARU
means the South African Rugby Union.
1.10
Union
means the South African Rugby Union.
2
The disciplinary procedures set out in Regulation 17, subject to any
amendment(s) by World Rugby from time to time, shall be applied to all
Matches.
3
The administration of Regulation 17 and the authority to appoint members to
the Judicial Officers’ panel and a Citing Commissioners’ panel vests in the
National Judicial Committee of SARU.
4
The authority to appoint Duty Judicial Officers, Judicial Officers and Citing
Commissioners for particular Matches vests in the Chairperson of the
National Judicial Committee of SARU, or his nominee.
Approved by General Meeting on 11 December 2015
3
5
The following disciplinary matters will be referred to a Duty Judicial Officer:
5.1
a Player is ordered off the playing enclosure during a Match (including
having received 2 (two) yellow cards in 1 (one) match;
5.2
a Player is cited for an act of Foul Play; and
5.3
a Player receives (3) three yellow cards in respect of Matches (whether on
field or Off Field or any combination thereof)
6
For all Matches in SARU competitions to which Regulation 17 applies, the
Citing Commissioner or the Citing Commissioner Liaison Officer will also be
the Designated Disciplinary Officer.
7
In the event of a televised Match, a citing complaint by a citing Commissioner
must be sent in writing to SARU within 24 hours of conclusion of the
broadcast of the Match in which the incident took place.
8
In the event of a non-televised Match, a nominee of a participating team may
refer incidents of foul play in writing to the Chairman of the National Judicial
Committee or his nominee within 72 (seventy-two) hours after the match.
The Chairman of the National Judicial Committee or his nominee shall
appoint a Citing Commissioner who shall cite the incident if, in the opinion of
the Citing Commissioner the incident meets the red card threshold. The team
or affiliated organization participating in the match referring the incident
shall provide the best evidence to enable the Citing Commissioner to
consider the referral.
9
The Citing Commissioner appointed for a match has to calibrate with at least
one other Citing Commissioner appointed by SARU prior to deciding whether
to cite or not to cite. The decision whether to cite or not remains solely with
the Citing Commissioner appointed for the match.
10
The function of the Duty Judicial Officer is to carry out a brief initial
assessment of the circumstances of the case (which will ordinarily include a
brief teleconference with the Person and his representative) and determine
whether or not to offer the Person a preliminary indication of penalty or refer
the matter to a full hearing.
11
The Duty Judicial Officer will determine the preliminary indication of penalty
by making an initial assessment of the evidence, submissions from or on
behalf of the Person and the Rules relating to sanctions set out in Regulation
17. The Duty Judicial Officer will, where appropriate, provide for a discount
for an early plea when determining the preliminary indication of penalty.
12
The Duty Judicial Officer will refer the matter to a full hearing if he believes
that a full hearing is required to fairly and justly deal with the case.
Approved by General Meeting on 11 December 2015
4
13
A Person can only accept a preliminary indication of penalty if he accepts that
he committed the act of Foul Play.
14
A Person will have 4 hours to decide whether to accept any preliminary
indication of penalty offered by the Duty Judicial Officer.
15
If a Person accepts the preliminary indication of penalty offered by the Duty
Judicial Officer then the Duty Judicial Officer will issue a written decision
imposing that penalty.
16
The Duty Judicial Officer procedure referred to in 10 above shall preferably be
completed on the Sunday following the match in which the citing or ordering
off occurred, failing which the matter shall be dealt with the following week
by a Judicial Officer.
17
If the Person does not accept the preliminary indication of penalty offered by
the Duty Judicial Officer then the matter will proceed to a full hearing before
a Judicial Officer.
17
There is no right of appeal or other review of a decision of the Duty Judicial
Officer.
20
All disciplinary hearings at first instance will be presided over by a single
Judicial Officer.
21
Hearings by the Judicial Officer and Appeal Officer/Committee will be held at
a venue determined by the Chairperson of the National Judicial Committee or
his nominee.
22
World Rugby regulation 17.19.7(b) is adapted to allow the Judicial Officer in
exceptional cases where he considers it warranted to (i) expunge the
Ordering Off (Red Card) from the Player’s disciplinary record, or in
accordance with 23 and 24 below (ii) expunge the Temporary Suspension
(Yellow Card) issued by the referee or (iii) expunge the Citing Commissioners
Warning issued by the Citing Commissioner from the Player’s disciplinary
record.
23
A Temporary Suspension (Yellow Card) may be expunged from the Player’s
disciplinary record at a subsequent hearing where the player had been
ordered off the field after being issued with a second temporary suspension
(yellow card) in the same match.
24
A Temporary Suspension (Yellow Card)/Citing Commissioner’s Warning which
had been challenged in accordance with WR regulation 17.25.2(c) and
17.25.3(c) may be expunged from the Player’s disciplinary record under the
following conditions:
Approved by General Meeting on 11 December 2015
5
24.1
At a hearing convened after the player had received his 3rd (third)
temporary suspension (yellow card)/Citing Commissioner’s Warning in
the same competition/tournament; or
24.2
at a hearing after the last match of a competition/tournament specially
convened for the purpose of considering whether a temporary
suspension (yellow card)/Citing Commissioner’s Warning which was not
the subject of a hearing should be expunged.
25
Each Notice of Appeal shall be accompanied by a deposit of R5000 (five
thousand rand only). The Appeal Officer or Chairperson of the Appeal
Committee may condone the late filing of the said deposit if satisfied that the
appeal is not without merit and acceptable reasons for the failure to pay the
deposit timeously have been advanced.
26
Should the hearing for whatever reason not take place within 72 (seventytwo) hours after the match as directed by World Rugby Regulation 17.14.7,
the Judicial Officer may on written application postpone the hearing to a
date, time and venue taking into consideration the interest of all parties
involved and with conditions attached thereto at the sole discretion of the
Judicial Officer.
Approved by General Meeting on 11 December 2015
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25
All appeals against a decision of a Judicial Officer will be heard by an Appeal
Officer or an Appeal Committee consisting of three members as determined
and appointed by the Chairperson of the National Judicial Committee, or his
nominee, in his discretion. The Appeal Officer or the Chairperson of the Appeal
Committee must be a Judicial Officer appointed by the Chairperson of the
National Judicial Committee of SARU, whom may not necessarily be on the
Judicial Officers’ panel.
26
World Rugby regulation 17.22.2(b) is adapted to enable the following
additional parties to appeal to an Appeal Officer from the decision of a Judicial
Officer:
(i) SARU; and
(ii) Tournament Organizer (if not SARU).
27
Reference to the Secretary of the Home/Host Union in Regulation 17 should be
read to refer to the Senior Legal Manager of SARU.
28
Reference to a Union in Regulation 17 must be read to refer to a Province.
29
In the event of any dispute regarding the interpretation of Regulation 17 or
these regulations, the Chairperson of the National Judicial Committee shall
issue a ruling, which shall be binding on all parties.
Approved by General Meeting on 11 December 2015