The rules that govern.

Sport and the Law.

Any society is governed by rules that are acceptable to the majority.

As such all organisations in South Africa are subject to the laws decided upon by Parliament.

I realise that this may be a 'bitter-pill' for many gamers to swallow, but the laws apply as much as to gaming as they do to any other sport and as much as the (the laws) apply to business and to all residents of the country.

At this time of public protest, it would be disingenuous for people to try to 'pick-and-choose' which law they want to comply, and which  law they don't want to.

You cannot in all honesty, object to the actions of President Jacob Zuma, if you yourself are not prepared to adhere to the law.

And so it is with gaming!

Gaming needs to apply to the law, and the rules that they make often take into account the behaviour of those who have transgressed the norms of civil society.

Few rules exist because people complied, most rules exist because of people whose actions  have been less than acceptable.

One only has to think of the incident in DGL in 2015 where Ventus Gaming apparently used an illegal player. Many felt that the sanction was not sufficient, but the sanction applied could only be in terms of DGL's rules at the time.

The fact that drug testing is becoming more-and-more prevalent in gaming is only because there has been abuse of such in the past. If everybody complied with the norms of civil society, such rules would not be required.

In short it is the few that spoil it for the majority.

However, any good administrator enjoys seeing members manipulate the rules. Manipulation of rules is different from breaking rules. Players that manipulate the rules show administrators that they (the members) can think, know the rules, and can apply the rules.

Ventus® LoL team banned for 12 weeks by DGC

According to TELKOM GAMING, "The Tribunal Officer recommended that the  Ventus® team be banned for 12 weeks based on the current DGC rule-set. In addition, the Tribunal Officer recommended that Ventus® lose its seeded position, forcing Ventus® to re-enter the DGL from the lowest division once the ban period has expired. Furthermore Ventus® has been disqualified from the DGC and both the team’s prizes and second place finish have been revoked."

Of course there has been an outcry by many gamers  and blogs  that the penalty was not stiff enough. On the MWEB GAMEZONE page, it is even suggested by a couple of commentators that the act was illegal.

If it was indeed illegal, then anyone who was compromised by the act may actually lay a criminal charge.

However, how would Mind Sports South Africa (MSSA) have dealt with the same issue should it had occurred in a MSSA event?

From my reading of the rules, the MSSA would  have done  the following:

• The team would have immediately have been disqualified and would have forfeited all awards, and

• If the players had Provincial Colours or higher, such players would be banned from participating in the next three MSSA events, and 

• If the players had Provincial Colours or higher, such players would be banned from selection for the next national team, and 

• If the players did not have Provincial Colours or higher, such players would be banned from participating in the next MSSA events, and 

• If the players had Provincial Colours or higher, such players would be banned from selection for the next national team, and

• All players would be brought before a disciplinary hearing, which would be called in terms of the Promotion of Administrative Justice Act 3 of 2000, The penalties could range from a three month ban to a life-time ban depending on the involvement of all  the team members and even of the club  officials and the club itself.

This is how seriously the MSSA would have treated any such infraction.

It's all about the money!

I am always amazed at this time of the year with all the gamers claiming to be 'professionals'.

For the vast majority of gamers nothing could be further from the truth.

However, this year a youngster bragged to me that 'gaming owes him a living'!

Really! How?

Nobody is owed anything in this world unless there a clear indication/contract by the other party that there some form of payment to be made in lieu of services rendered.

The act of a person who willingly becomes involved in a sport does not create that contract, unless such person is employed to play for his/her employer.

If there isn't a contract stipulating employment, then that gamer is just an amateur.

That is if the gamer is playing for a non profit organisation.

I am of the opinion that due to the definition of the word 'remuneration' in the Basic conditions of Employment Act, that gamers who are playing for companies are being paid remuneration when they earn prizes of any form. This has serious implications for the company and the gamer alike.

Obviously the company will have to comply fully with the Basic Conditions of Employment Act.

For the gamer though, it means that he/she will have to enter into a contract in which his/her conditions of employment are stipulated.

Thus it stands to reason that only the gamers that play for companies of a profit making venture (like bvd, ventus, and the like) are proper professional gamers and possibly entitled to all the benefits that the Act allows.

Gamers who do not receive remuneration for the gaming, however, are not professionals and whether or not they earn prize money, are amateurs.

However, may be wrong, and if I am, I would like to know why.