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33 De Jure 358 (2000)
The Definition of Delictual Negligence Revisited: Three Recent Judgments of the Supreme Court of Appeal

handle is hein.journals/dejur33 and id is 366 raw text is: 358 DeJure The modern game have brought spiralling transfer fees, freedom of contract and pay rebellions that have changed the balance of power forever. The player now calls the tune. There is so much money in world sport that players will do whatever they can to get as much of it as possi- ble - go on strike, stay away from their club, throw a tantrum, refuse to sign a contract, or even demand a transfer. Professionalism in most of the sporting codes is relatively new in South Africa. While changes have taken place at quite a blustery pace, the ad- ministration of professional sport is not yet professional. The sporting industry must realise that it is part of a multi-million rand industry and competes with the likes of motion pictures, tourism and other leisure pursuits for customer patronage. In order to fully exploit and expand the value inherent to brand names, unions should ensure that professionalism is not only confined to the playing fields. Recent occurrences in South African sport reinforces this sentiment. Effectively, one can see that sport is becoming big business. The dis- tinction between sport as a social passtime and the full-time business of sport is becoming more and more blurred. As the realisation of this be- comes apparent to the various sporting codes and business itself, legal principles will become more important. Many sporting codes will attempt to regulate the forum and the manner in which disputes are aired. There may well be an arbitration clause or, alternatively, sporting codes may attempt to ensure that players within the code sign a contract in terms of which they limit their rights to approach the courts. It will, however, be extremely difficult for the sporting codes to enshrine any rules which are in breach of the sportmen's common law rights. It is also not inconeivable that the South African Constitution will at some stage be called upon to decide disputes between individuals and sporting bodies. R CLOETE J DE GAMA University of Pretoria The Definition of Delictual Negligence Revisited: Three Recent Judgments of the Supreme Court of Appeal 1 Introduction Few South African jurists will maintain that the basic definition of negli- gence in the field of civil wrongs is a constant source of uncertainty, giving rise to difficulty in practice, as well as in the theoretical explanation of culpable behaviour. On the contrary, one may justifiably wonder whether there is any concept within the realm of the law of delict on which a greater measure of consensus as to its precise meaning exists. Undoubt- edly, the most often quoted definition of negligence in delict is that of Holmes JA in the judgment of Kruger v Coetzee 1966 2 SA 428 (A) 430E-F:

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