Safety at Sports and Recreational Events Act, 2010

* Constitutional law – confirmation jurisdiction – sections 167(5) and 172(2)(a) – when Constitutional Court must confirm High Court declaration of invalidity.* Status of pre-1994 (old-order/TBVC) legislation – indicators: origin, territorial application, and especially post-1994 legislative treatment/endorsement.* Environmental law – Decree 9 (Transkei) – criminalisation of possession of protected wild animal parts and strict liability provision challenged under fair trial/presumption of innocence and equality (section 9).* Incorporation by reference, partial repeal/amendment by Parliament, assignment of executive functions and executive action do not automatically amount to legislative endorsement.

* Game Theft Act 105 of 1991 – s 2(1)(a) and s 2(2)(a) – interpretation of deeming provision – certificate by Premier as evidentiary facilitation, not conclusive prerequisite to protection against loss of ownership of escaped game.* Statutory interpretation – deeming provisions construed in context and with regard to legislative purpose; may be rebuttable by other proof.* Common law development – unnecessary to decide where statutory protection resolves ownership dispute.

* Civil procedure – urgent ex parte relief – rule nisi – availability where imminent harm to private property shown. * Public gatherings law – Safety at Sports and Recreational Events Act does not apply to gatherings regulated by the Regulation of Gatherings Act; no notice given under Regulation of Gatherings Act. * Costs – discretionary exercise; general costs follow the event; punitive (attorney-and-client) costs awarded for evasive conduct and failure to comply with court processes.

Contract and public policy – agreements to organise profit-driven physical contests between members of the public – consent and assault – distinction between lawful sport and unlawful violent contests – statutory regulation (Boxing Act; Safety at Sports and Recreational Events Act) – potential proceeds of unlawful activity/organised crime implications (POCA) – referrals to CIPC and NPA.