n Stellenbosch Law Review = Stellenbosch Regstydskrif - ''Should the playing fields be levelled?'' Revisiting affirmative action in professional sport (part three)

Volume 15, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This paper is the third part of a critical examination of the application of affirmative action in professional sport. In the first part of the paper, the author examined the general background to sports transformation, with the emphasis on the constitutional and legislative framework for the application of affirmative action in the professional sporting context. The second part of the paper highlighted a number of specific problem areas connected with the unique nature of professional sport and the role of affirmative action as a tool for the achievement of substantive equality in this context. It also focused on some of the specific transformation measures currently applied in professional sport. The aim of this final part of the paper will be to examine the legitimacy and constitutionality of such measures in light of the rationales behind their application and their practical effects on the professional sports industry.

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