Monday 1 March 2021

Freedom of association.


Mind Sports South Africa (MSSA) received the following question:

"Is it possible for a team within an unaffilated MGO to affiliate with MSSA and not the whole MGO?"

If a team is a member of a MGO (Multi Gaming Organisation), and such MGO does not want to affiliate, but the team within such MGO wishes to play in MSSA events in order to take advantage of MSSA events and to hopefully be selected for the South African Protea Esports Team.
Any team may affiliate itself to MSSA as a private club. A club only needs at least three individual members in order to constitute itself as a club, as, according to South African law, multiplicity of membership is required.

The biggest stumbling block, for some, may be that their current MGO has a contract in place which specifically prohibits the person from representing another club. All gamers should be aware that the South African Constitution (Chapter 2, section 18) enshrines the individual's right to freedom of association. This extends to esports as much as it does to anything else. Thus, such contracts, may very well be illegal as such contracts may very well be in conflict with the rights afforded to an individual by South Africa's Constitution. Should any athlete have any questions in this regard, please contact mindsportscorrespondence@gmail.com  

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