i

Sports Law in East Africa; How a Regional Protocol on Sports can

Spur Socioeconomic Development

By

Timothy Kajja

timothykajja@gmail.com

University of Dar es Salaam

The German Academic Exchange Service (DAAD; German: Deutscher

Akademischer Austauschdienst)

The Tanzanian-German Centre for Eastern African Legal Studies

(TGCL)

May, 2022
 ii

DECLARATION AND COPYRIGHT

I, Kajja Timothy, declare that this dissertation is my original work I further declare that all other
works that I have referred to in this dissertation have been properly acknowledged by the use of
footnotes and a bibliography.

Signature……………TK…………………………….

Date ……………May, 2022…………………………

This dissertation is a copyright material protected under the Berne Convention, the Copyright and
Neighbouring Rights Act, 2006, and any other international or national enactments, on that behalf,
on intellectual property. It may not be reproduced in full or in part, except for short extracts in fair
dealings, for research or private study, as well as critical scholarly review or discourse with
appropriate acknowledgement, without the prior written permission of the author.
 iii

ACKNOWLEDGEMENTS

I extend my sincere gratitude to my Lord God on whose Grace I consciously and subconsciously rail
my humble career. I am also grateful for God’s earthly ambassadors through whom He has helped me
reach this milestone as set out below.

Special thanks to Dr F. Sabby, my research supervisor. Your guidance amplified the quality of this
research to levels I would never have achieved. Thank you for your counsel and patience. I further
extend my gratitude to all my respondents. Thank you for sharing with me your precious time during
the tough COVID-19 times.

I will always be indebted to the Deutcher Akademischer Austanch Dienst / German Academic
Exchange Service (DAAD), the funders of my Masters’ (LLM) studies. Thank you for giving me this
career-enhancing opportunity. I am equally grateful to the Tanzania-German Centre for Eastern
African Legal Studies (TGCL) for this learning opportunity that you availed to me. An honorary
mention is for the on-ground TGCL staff, Dr Mapunda, Miss Lillian Masalu, Mr Petro Protas and our
Librarian, Miss Maria Paul.

I appreciate the company of my classmates at the University of Dar es Salaam. Namugga Teddy,
Omollo Noah Juemah, Kennedy Abuya, Koul Deng, Olivier Ndahishimiye, Lorah Chepkorir, Winnie
Kungu, Juma Lupatu, Jan Maina and the rest of my classmates, thank you for tolerating me and
extending to me your priceless company while at the coastal city.

I also acknowledge the love and support from my family back home.
 iv

DEDICATION

To my parents, Mr Siridion Kagya and Ms Nakiganda Jane, the shadows of God in my world.
 v

LIST OF ABBREVIATIONS AND ACRONYMS

AFCON Africa Cup of Nations

ASEAN Association of Southeast Asian Nations

AU African Union

AUSC African Union Sports Council

CAF Confederation of African Football

CAMS Conference of Ministers of Sport

CAS Court of Arbitration for Sports

CECAFA Council for East and Central Africa Football Associations

CEDAW Convention on the Elimination of all Forms of Discrimination against Women,

1979.

CFCB Adjudicatory Chamber of the Union of European Football Associations Club

Financial Control Body

CHAN African Nations Championships

CM Common Market

CNO Burundi National Olympic Committee

COVID-19 Coronavirus disease of 2019

CRPD Convention on the Rights of Persons with Disabilities, 2006.

CU Customs Union

DRC Democratic Republic of Congo

E_U Economic Union

EA East Africa

EAC East African Community

EAC Treaty Treaty for the Establishment of the East African Community, 1999.
 vi

EACESTCS East African Sectoral Committee on Education, Science and Technology,

Culture, and Sports

EACGs The East African Community Games

EAMGCE The East African Military Games and Cultural Event

EAPGs The East African Parliamentary Games

EAYP East African Youth Policy, 2013.

ECJ European Court of Justice

EU European Union

EYES European Year of Education through Sport, 2004.

FA Football Association

FC Football Club

FDI Foreign Direct Investment

FIBA International Basketball Federation

FIFA Federation of International Football Association

FLS Frontline States

FTA Free Trade Area

FUFA Federation of Uganda Football Association

GDP Gross Domestic Product

ICCPR International Covenant on Civil and Political Rights, 1966.

ICESCR International Covenant on Economic Social and Cultural Rights, 1966.

ICPEPA Revised International Charter of Physical Education, Physical Activity and

Sport, 2015.

IESR Independent European Sport Review

ILO International Labour Organisation

IOC International Olympic Committee

 vii

ISFs International Sports Federations

ITF International Tennis Federation

KNOC Kenya National Olympic Committee

MDS Magglingen Declaration on Sport, 2003.

MU Monetary Union

NADO National Anti-Doping Organizations

NBA American National Basketball Association League

NFL American Football National Football League

NGO Non-Government Organisation

NOC National Olympic Committees

NSAs National Sports Associations

NSCT National Sports Council of Tanzania

OC Olympic Charter

PTA Preferential Trade Area

PWDs Persons with Disabilities

REC Regional Economic Community

SADC Southern African Development Community

SADCC Southern African Development Coordination Conference

SAUSC Statute of the African Union Sport Council, 2016.

SPCIS Southern Africa Development Community Protocol on Culture, Information

and Sport, 2001.

SSNOC South Sudan National Olympic Committee

TCGA Tanganyika Commonwealth Games Association

TOC Tanzania Olympic Committee

 viii

UDHR Universal Declaration of Human Rights

UEFA Union of European Football Associations

UK United Kingdom

UN United Nations

UNCS Uganda National Council for Sports

UNDOC United Nations Office on Drug and Crime

UNOSDP United Nations Office on Sport for Development and Peace

USD United States Dollars

WADA World Anti-Doping Agency

WPS European Union White Paper on Sport

ZNSC The Zanzibar National Sports Council

 ix

ABSTRACT

In 1999, East African Community (EAC) Partner States set out to cooperate and integrate their
economic, political social and cultural fields. One of such items of integration is sport. Decades
later, the EAC Partner States have largely abandoned sports as a limb of integration. This study
set out to investigate how much the EAC is losing out on accord of not paying due attention to
sport. And how much the EAC could benefit through fulfilling their obligations in regard to sports
development through a regional legal instrument on sport.

The researcher reviewed quality literature on sports law, development through sport, regional
integration, socioeconomic development and related fields. The researcher further conducted
interviews with experts in fields relevant to the study. Primary data was also collected through
questionnaires.

The study found that the EAC is yet to accord due attention to the sports industry. This research
highlights the several challenges that engulf the East African sports industry. And how the same
can be nursed through a regional Protocol on sports. This paper also makes it evident that the EAC
can substantially benefit a vibrant sports industry and in the long run propel the socioeconomic
status of numerous East Africans through sports.

This study recommends that the EAC country ought to fulfil their obligations under the EAC
Treaty to develop the sports industry in unison, as a pillar of integration. This can be efficiently
achieved through concluding a regional protocol focusing on sports. The researcher further
recommends that the EAC countries should work towards presenting a single team for the Olympic
games.
 x

TABLE OF CONTENTS
DECLARATION AND COPYRIGHT ................................................................................................... ii
ACKNOWLEDGEMENTS ................................................................................................................... iii
DEDICATION ........................................................................................................................................iv
LIST OF ABBREVIATIONS AND ACRONYMS ................................................................................ v
ABSTRACT ............................................................................................................................................ ix
TABLE OF CONTENTS ........................................................................................................................ x
LIST OF LEGAL INSTRUMENTS AND POLICIES ........................................................................ xvi
LIST OF CASES .................................................................................................................................... xx
CHAPTER ONE ..................................................................................................................................... 1
GENERAL INTRODUCTION ............................................................................................................... 1
1.1 Introduction....................................................................................................................................... 1
1.2 Background to the Problem .............................................................................................................. 2
1.3 Problem Statement ............................................................................................................................ 4
1.4. Objectives of the Study..................................................................................................................... 4
1.4.1 General Objective ........................................................................................................................... 4
1.4.2 Specific Objectives .......................................................................................................................... 4
1.5 Significance of the Study ................................................................................................................... 5
1.6 Literature Review .............................................................................................................................. 5
1.7 Research Hypothesis ....................................................................................................................... 18
1.8 Research Methodology .................................................................................................................... 18
1.9. Data Collection ............................................................................................................................... 19
1.9.1 Documentary Review ................................................................................................................... 19
1.9.2 Field Research .............................................................................................................................. 19
1.9.2.1 Interviews .................................................................................................................................. 19
1.9.2.2 Questionnaires ........................................................................................................................... 19
1.9.3 Sample Size and Sampling Technique ......................................................................................... 19
1.9.4 Data Analysis ................................................................................................................................ 20
1.10 Scope of the Study ......................................................................................................................... 20
1.11 Limitation of the Study ................................................................................................................. 20
1.12 Research Ethics ............................................................................................................................. 20
CHAPTER TWO .................................................................................................................................. 21
CONCEPTUAL FRAMEWORK ON SPORTS LAW, REGIONAL INTEGRATION AND
DEVELOPMENT ................................................................................................................................. 21
2.1 Introduction..................................................................................................................................... 21
 xi

2.2 Historical Evolution of Sports Law................................................................................................. 21

2.3 The Principle of Sports Autonomy and Immunity ......................................................................... 24
2.3.1 Elements of Sports Autonomy ...................................................................................................... 26
2.4 Specificity of Sport .......................................................................................................................... 28
2.5 Definitions of Other Key Terms ...................................................................................................... 30
2.6 Protocols and International Relations ............................................................................................ 32
2.7 Regional Economic Integration and Sports .................................................................................... 32
2.8.1 Regional Integration Stages ......................................................................................................... 34
2.9 Sports and Regional Socio-Economic Development ....................................................................... 35
2.9.1 The Right to Development............................................................................................................ 35
2.9.2 Regional Socio-economic Development........................................................................................ 36
2.10 Regional Approaches to Sports ..................................................................................................... 38
2.10.1 The European Union .................................................................................................................. 38
2.10.1.1 Historical Development ........................................................................................................... 38
2.10.1.2 The Helsinki Report and the Nice Declaration on Sport ........................................................ 39
2.10.1.3 Education through Sport ......................................................................................................... 40
2.10.1.4 The EU White Paper on Sport and the Lisbon Treaty ........................................................... 40
2.10.2 Southern Africa Development Community (SADC) ................................................................. 42
2.10.2.1 Historical Development ........................................................................................................... 42
2.10.2.2 The SADC Protocol on Culture, Information and Sport........................................................ 43
2.11 Conclusion ..................................................................................................................................... 45
CHAPTER THREE .............................................................................................................................. 46
LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK GOVERNING SPORTS LAW IN
EAST AFRICA ..................................................................................................................................... 46
3.1 Introduction..................................................................................................................................... 46
3.2 International Legal and Institutional Framework ......................................................................... 46
3.2.1 The Olympic Charter, 2020 (OC) ................................................................................................ 46
3.2.1.2 Olympic Solidarity ..................................................................................................................... 47
3.2.1.3 Role of the IFs and NOCs .......................................................................................................... 48
3.2.2 Revised International Charter of Physical Education, Physical Activity and Sport, 2015
(ICPEPA) .............................................................................................................................................. 48
3.2.3 Other Relevant International Instruments .................................................................................. 49
3.2.3.1 Convention on the Elimination of all Forms of Discrimination against Women, 1979
(CEDAW) .............................................................................................................................................. 49
3.2.3.2 The Convention on the Rights of Persons with Disabilities, 2006 (CRPD) .............................. 50
3.2.4 The Magglingen Declaration on Sport, 2003 (MDS) ................................................................... 50
 xii

3.2.5 The United Nations General Assembly (UNGA) Resolutions ..................................................... 51

UNGA Resolution No. 58/5 (A/58/L.2 and 1) acknowledges the dangers faced by athletes, particularly the
young players. The mentioned challenges include early specialization, exploitative commercialization,
child labour, doping, violence, overly long training hours, premature severance from family and loss of
social-cultural ties. .................................................................................................................................. 51
UNGA Resolution No. 59/10 (A/59/L.9 and 1) of December 2004, Sport as a means to promote Education,
Health, Development and Peace builds up from that of 2003. It set 5/11/2005 as the date for the launch of
the International Year for Sport and Physical Education. This was aimed at fostering the use of sports as a
means to promote health, education, peace and development. .................................................................. 52
UNGA Resolution 61/10 (A/61/L.12 and 1) of 2006 is an addendum to the 2003 and 2004 resolutions. It
introduces monitoring and evaluation of sports development and sports related benefits. It further
elucidates on the mode of assistance that ought to be extended to developing countries. This includes
financial, logistical and technical support. ............................................................................................... 52
UNGA Resolution No. 69/6 (A/69/L.5 and 1) of 2014 is an addendum to the 2003, 2004 and 2005
resolutions. It introduces the academia, the media and the civil society as part of the bodies that ought to
engage in sports promotion and development. It further encourages research as a vital pillar to sports
development. .......................................................................................................................................... 52
3.2.6 The United Nations Office on Sport for Development and Peace (UNOSDP) ............................ 53
3.3 African Union Regional Instruments .............................................................................................. 53
3.3.1 Statute of the African Union Sport Council, 2016 (SAUSC) ....................................................... 53
3.3.1.1 African Union Sports Council (AUSC) ..................................................................................... 53
3.3.1.2 Technical Committee on Sport for Development...................................................................... 54
3.3.1.4 AU Sports Regions ..................................................................................................................... 54
3.4 East African Community Regional Instruments and Institutions ................................................. 55
3.4.1 The Treaty for the Establishment of the East African Community, 1999 (EAC Treaty) ........... 55
3.4.2 Protocol on the Establishment of the East African Community Common Market, 2009
(Common Market Protocol).................................................................................................................. 56
3.4.3 The East African Sectoral Committee on Education, Science and Technology, Culture, and
Sports (EACESTCS) ............................................................................................................................. 56
3.4.4 East African Youth Policy, 2013 (EAYP) .................................................................................... 57
3.4.4.1 Sports Facilities ......................................................................................................................... 57
3.4.4.2 Sports and Society ..................................................................................................................... 59
3.4.4.3 Regional Events ......................................................................................................................... 59
3.4.5 Regional Sports Games ................................................................................................................ 59
3.4.5.1 Regional Games specifically covering EAC .............................................................................. 60
3.4.5.2 Sports Federations Regional-Based Games .............................................................................. 61
3.4.5.3. Council for East and Central Africa Football Associations Senior Challenge Cup (CECAFA)
............................................................................................................................................................... 62
3.4.5.4 National Sports Leagues ............................................................................................................ 62
3.5 Domestic Legal and Institutional Framework ................................................................................ 63
 xiii

3.5.1 The Republic of Kenya ................................................................................................................. 63

3.5.1.1 The Kenya Sports Act No. 25 of 2013 (As amended, 2019) ...................................................... 64
3.5.2 The United Republic of Tanzania ................................................................................................ 66
3.5.2.1 The National Sports Council of Tanzania Act, 1967 (as amended, 1971) ................................ 66
3.5.2.2 The Zanzibar Sports Council Act of 2010 ................................................................................. 67
3.5.2.3 The Tanzania Olympic Committee (TOC) and the Zanzibar Question ................................... 68
3.5.3 The Republic of Rwanda .............................................................................................................. 69
3.5.3.1 Law Nº 32/2017 of 03/08/2017 Governing Organisation of Sport, Games and Leisure (Law Nº
32/2017) ................................................................................................................................................. 69
3.5.4 The Republic of Uganda ............................................................................................................... 71
3.5.4.1 The National Council for Sports Act of 1964 ............................................................................ 71
3.5.4.1 The National Council of Sports Regulations, 2014 ................................................................... 72
3.5.5 The Republic of Burundi .............................................................................................................. 72
3.5.5.1 Law No. 1/26 of 30th November 2009 as Amended by Law No. 1/27 of 2019 ........................... 72
Burundi has a fairly modern legal regime. But just like Kenya, the laws are still in their nascent stages.
Though good on paper, the law I Burundi is hardly implemented or operationalized. ............................... 75
3.5.6 The Republic of South Sudan....................................................................................................... 75
3.5.6.1 Transitional Constitution of the Republic of South Sudan, 2011 ............................................. 76
3.5.6.2 The South Sudan National Olympic Committee (SSNOC) ...................................................... 76
3.6 Conclusion ....................................................................................................................................... 76
CHAPTER FOUR ................................................................................................................................. 77
STATUS OF THE EAST AFRICAN SPORTS .................................................................................... 77
4.1 INTRODUCTION ........................................................................................................................... 77
4.2 Sports Benefits ................................................................................................................................. 77
4.2.1 Sports investments and the potential to stimulate the EAC economies ...................................... 77
4.2.2 The sports industry and employment opportunities ................................................................... 79
4.2.3 Sports and labour productivity .................................................................................................... 79
4.2.4 Sports and remittances ................................................................................................................. 80
4.2.5 Sports, the international image and diplomatic relations ........................................................... 81
4.2.6 Sports and health benefits ............................................................................................................ 81
4.2.7 Reduction in the crime rate .......................................................................................................... 82
4.2.8 Social integration .......................................................................................................................... 82
4.2.9 Sport as a vehicle to tackle internally displaced persons (IDPs) and refugee related challenges83
4.3 Challenges in East African Sports Industry ................................................................................... 83
4.3.1 General Challenges ....................................................................................................................... 84
4.3.1.1 Fusing sports ministries with other ministries .......................................................................... 84
 xiv

4.3.1.2 Corruption in sports .................................................................................................................. 84

4.3.1.3 Low levels of consumption of local sports ................................................................................. 85
4.3.1.4 Sports facilities and infrastructural challenges ........................................................................ 86
4.3.1.5 Limited funds ............................................................................................................................. 87
4.3.1.6 Unbalanced resource allocation ................................................................................................ 87
4.3.1.7 Gaps in the legal structures, operating under obsolete legal regimes and non-harmonisation
or approximation of the laws on sports ................................................................................................ 88
4.3.1.8 Abuse of intellectual property rights ........................................................................................ 89
4.3.1.9 Match fixing ............................................................................................................................... 90
4.3.1.10 Limited data and research....................................................................................................... 90
4.3.1.11 Sports and access to justice ..................................................................................................... 91
4.3.1.12 Limited professional sports personnel .................................................................................... 91
4.3.2 Challenges faced by athletes in East Africa ................................................................................. 92
4.3.2.1 Sexual assault ............................................................................................................................. 92
4.3.2.2 Lack of social security benefits upon retirement ...................................................................... 92
4.3.2.3 Non-payment or under payment of athletes ............................................................................. 94
4.3.2.4 Lack of legal representation ...................................................................................................... 94
4.4 Opportunities for Development of the East African Sports Industry ............................................ 95
4.4.1 Electronic sports (e-sports) .......................................................................................................... 95
4.4.2 Demographics ............................................................................................................................... 95
4.4.3 Favourable climate and topography ............................................................................................ 96
4.4.4 Natural talent and sports success in EA ...................................................................................... 96
4.4.5 Pre-existing integration structures............................................................................................... 97
4.4.6 Available scholarship and research opportunities....................................................................... 97
4.4.7 International support funds ......................................................................................................... 98
4.5 The Need for a legal instrument on sports ...................................................................................... 98
4.6 Conclusion ....................................................................................................................................... 99
4.7 Summary of Findings .............................................................................................................. 100
CHAPTER FIVE ................................................................................................................................ 102
CONCLUSION AND RECCOMENDATIONS ................................................................................. 102
5.1 Introduction................................................................................................................................... 102
5.2 Conclusion ..................................................................................................................................... 102
5.3 Recommendations ......................................................................................................................... 103
5.3.1 Partner States ...................................................................................................................... 103
5.3.2 Council of Ministers, Co-ordination Committee and the Sectoral Committee on Education,
Science and Technology, Culture, and Sports .................................................................................... 104
 xv

5.3.3 General recommendations ......................................................................................................... 104

5.4 Area for further research .............................................................................................................. 105
BIBLIOGRAPHY ............................................................................................................................... 106
 xvi

LIST OF LEGAL INSTRUMENTS AND POLICIES

International Instruments

Convention on the Elimination of all Forms of Discrimination against Women, 1979.

Convention on the Rights of Persons with Disabilities, 2006.

EAC Protocol on the Establishment of the East African Kiswahili Commission, 2007.

FIFA Code of Ethics 2020.

FIFA Statutes 2019.

International Convention Against Doping in Sport, 2005.

International Covenant on Civil and Political Rights, 1966.

International Covenant on Economic Social and Cultural Rights, 1966.

International Tennis Federation (ITF) Rules of Tennis, 2021.

New York Convention on the Recognition and Enforcement of Arbitral Awards of 1958.

Revised International Charter of Physical Education, Physical Activity and Sport, 2015.

Statute of the International Court of Justice, 1946.

The Olympic Charter, 1908.

United Nations Charter, 1945

United Nations General Assembly Resolution No. 58/5 (A/58/L.2 and 1) of November 2003, Sport as
a means to promote Education, Health, Development and Peace.

United Nations General Assembly Resolution No. 59/10 (A/59/L.9 and 1) of December 2004, Sport
as a means to promote Education, Health, Development and Peace.

United Nations General Assembly Resolution 61/10 (A/61/L.12 and 1) of 2006, Sport as a means to
promote Education, Health, Development and Peace.

United Nations General Assembly Resolution No. 69/6 (A/69/L.5 and 1) of 2014, Sport as a means to
promote Education, Health, Development and Peace
 xvii

United Nations General Assembly Resolution No. 71/160 (A/71/L.38 and 1) of 2016, Sport as a means
to promote education, health, Development and Peace.

United Nations General Assembly Resolution No. 60/8 (A/60/L.15 and 1) of 2005, Building a
peaceful and better world through sport and the Olympic ideal.

Universal Declaration of Human Rights, 1948.

Vienna Convention on the Law of Treaties, 1969.

Regional Instruments

African Union

Statute of the African Union Sports Council, 2016.

East African Community

Acts of the East African Community Act, 2003.

East African Youth Policy, 2013.

Protocol on the Establishment of the East African Community Common Market, 2010.

Protocol on the Establishment of the East African Kiswahili Commission, 2007.

Treaty for the Establishment of the East African Community, 1999.

European Union

Anti-Doping Convention, 1989.

Convention on Integrated Safety, Security and Service Approach at Football Matches and Other
Sports Events, 2016.

Convention on the Manipulation of Sports Competitions, 2014.

Maastricht Treaty, 1991 (also known as Treaty on European Union, 1991).

The European Act of 1986.

Southern African Development Protocol

Southern African Development Community Protocol on Culture, Information and Sport, 2001.
 xviii

Treaty of Amsterdam of 1997 (European Union).

Treaty of Lisbon, 2009 (European Union).

Treaty of Nice of 2001 (European Union).

Treaty of the Southern African Development Community, 1992.

National Statutes and Policies

Burundi

Law No. 1/26 of 30th November 2009 as Amended by Law No. 1/27 of 2019.

Kenya

Constitution of the Republic of Kenya, 2010.

Sports Act of Kenya, 2013 (Amended 2019).

Republic of China

Physical Culture and Sports Law of 1995.

Rwanda

Law Nº 32/2017 of 03/08/2017 Governing Organisation of Sport, Games and Leisure (Law Nº
32/2017).

National Youth and Sports Policy, 2020.

South Sudan

Transitional Constitution of the Republic of South Sudan, 2011.

Uganda

National Council of Sports Regulations, 2014.

Statutes of the Federation of Uganda Football Associations, 2016.

Uganda National Council for Sports Act, 1964.

United Republic of Tanzania

 xix

National Sports Council Act of Tanzania, Act No. 12 of 1967, (Amended 1971).

Zanzibar Sports Council Act of 2010.

United States of America

Amateur Sports Act of 1978 (United States of America).

 xx

LIST OF CASES

International Court of Justice (ICJ)

Ethiopia v. South Africa; Liberia v South Africa (Second Phase) [1966] ICJ Rep 6.

Court of Arbitration for Sports (CAS)

Maxim Agapitov v. International Olympic Committee CAS OG 20/04.

Societe Sportive X Istanbul v. FIFA Brazilian Player, Brazilian Club, and TAS 4p269/2003 (2004).

European Court of Justice

Donà v. Mantero C13/76 ECJ (1976) 01333.

Reed v. James Seymour [1927] AC 554.

UNECTEF v. Heylens [1987] ECJ.

Union Royale Belge des Societes de Football association and others v. Jean-Marc Bosman [1995]
ECR 1-4921.

Walrave v. Union Cycliste International [1974] ECJ.

Walrave v. Union Cycliste International ECJ Case 36/74 [1974] ECR 1405.

Southern Africa Development Community Tribunal

Mike Campbell (Pvt) LTD and Others v. Zimbabwe, Case No. SADC (T) 2/2007, Main Decision of 28
November 2008 (Case no. 2 of 2007).

Germany

Deutsche Eusschenelllauf-Gemeinscfate and International Skating Union v. Claudia Peschestein,

Federal Court of Justice KZR 6/15, June 2016.

Switzerland

Elmar Gundel v. Federation Equestre Internationale 4P. 217/1992 [1993].

Larissa Lazutina and Olga Danilova v. CIO, CAS and FIS, Swiss Supreme Court, ATF 129 111 445.
 xxi

Uganda

The Uganda Super League v. Federation of Uganda Football Association Limited. C.A.C.A No. 67
of 2015.

United Kingdom

Eastham v. Newcastle United Football Club [1964] Ch. 413.

R v. Mazhar Majeed and others [2011], EWCA Crim 2914.

United States of America

Bezeau v. Palace Sports & Entertainment, Inc., 795 N.W.2d 797 (Mich. 2010).
 1

CHAPTER ONE

GENERAL INTRODUCTION
1.1 Introduction
In the genesis, sport was simply about leisure and recreation. Individuals or in communities, the young
and old could get together to play numerous games. Gradually, sport grew into a peculiar tenet of
socialization and unity in communities across the globe.

Decades later, sport has grown into more than just a game. In October 2005, after winning a football
game, Didier Drogba, flunked by his fellow Ivorian teammates, recorded a 59 second video that
stopped a civil war in their country. 1 That is not where it ends, Sport is currently a multi-billion-dollar
industry that has shaken off the worst of the COVD-19 pandemic. It is a health/medical prescription,
political tool, a vehicle for development, a building block for integration, a source of inspiration, and
much more.

But efficiently harvesting the fruits of sport is not an automatic occurrence, nor a random cycle. It is
a preserve to those who deliberately, plan, till and monitor the sports fields.

East Africa is home to sporting greats such as Eliud Kipchoge, the first human to run a marathon under
two hours. It is home to Joshua Cheptegei, the tenth man holding the 5,000 meters and 10,000 meters
world records concurrently. Brigid Kosgei, who holds the women’s world marathon record is also
East African. The list of top elite East African athletes that have dominated the global scene is a very
long one. This makes the immense talent in the region easily evident.

But the decorated athletes achieve this from the toughest of jaws. The atmosphere is under regulated,
the games are underfunded. The facilities are inadequate. The list of challenges is even much longer.
Amidst all this, the East African Community has turned a blind eye to sports and the industry remains
largely uncoordinated at regional level.

The absurd regional status quo continues to mount the odds against a talented East African child.
Because of those gaps, she or he may never get the chance to step onto a playing tough. Yet, many
sadly remain unemployed or under employed, but with talents worth millions engulfed beneath their
skins.

1
Guiberteau, O., “Didier Drogba: How Ivory Coast striker helped to halt civil war in his home nation”, BBC Sport, 31st
March 2020, available on https://www.bbc.co.uk/sport/football/52072592 (accessed on 6th/Jan/2021).
 2

In this paper, the researcher analyses the legal and policy framework on sport in East Africa (EA).
These are juxtaposed with international frameworks, guidelines and best practices surrounding sports
world over. This will be geared towards coining a regional legal instrument on sports that will turn
EA into the byword for sport and its infinite benefits.

1.2 Background to the Problem

From a historical perspective, native East Africans had, and some still have their traditional games
such as “Omweso” a board game. This is traceable from the Bunyoro-Kitara dynasty, present-day
Western Uganda. And parts of Rwanda, Burundi and Northern Tanzania. There was, and still is boat
racing and wrestling in the Buganda region (Uganda). In Tanzania, “michezo,” sport was coupled with
traditional dances.2 The traditional games were tug of war, wrestling, running, javelin and swimming.
Hunting and long-distance running are also games traceable in Kenya. 3

What then took East African sport to the next level was the coming of missionaries and colonialists
in the region. The Uganda National Council for Sports acknowledges the efforts of the Anglican
Church Missionaries, to wit Reverend Robert Henry Walker who introduced the game of football in
Uganda. 4 Initially, these imported games were a preserve of the royals, but they were later rolled out
to the entire region. A similar approach is traceable in Kenya 5, Tanzania6, and vast portions of colonial
Africa7.

At the end of the colonial sprout, the regional leaders took on the roles of the colonial masters. But
little attention has been accorded to sports. The region continues to grapple with challenges such as
the soaring levels of unemployment, lifestyle diseases, war, discrimination, poverty, high crime rate
et cetera. Amidst all these, there is a formidable all-round vaccine yet to be fully exploited, sports.

2
Leseth, A., “Michezo: Dance, Sports and Politics in Tanzania”, Oslo: Oslo University College, 2010, p.4,
http://www.drustvo-anthropologov.si/AN/PDF/2010_3/Anthropological _Notebok_XV1_3_Leseth.pdf (accessed on
3rd/01/2021).
3
Korir, W., “Impact of Sport on Economic Development in Kenya”, 3(2) International Journal of Advanced Research,
2015 pp. 1427-1430, available on http:/www.journaljar.com/uploads/441_IJAR-5804.pdf (accessed on 27th/12/2020).
4
National Council for Sports, “History of Football in Uganda”, National Council for Sport, available at
www.ncs.go.ug>content>history (accessed on 3rd/01/2021).
5
Korir, 2015, p.1435.
6
Tenga, T., “Globalisation and Olympic Sport in Tanzania”, PhD Thesis, Oslo: The Norwegian University of Sport,
2000, p. 34.
7
Ndee, H., “Sport Culture and Society from an Africa Perspective: A Study on Historical Revisionism”, 13(2) The
International Journal of History of Sport, 1996, pp. 192-200.
 3

EA has almost all indicators of sports prowess. EA is blessed with a young population, over 60% of
which is below 24 years of age.8 The region has favourable landscapes, with highlands, low land,
green fields, access to the ocean et cetera. The climate is cool and multi-dimensional. The natives
have numerous body types among other ingredients of a great sporting region. This explains why
some roses in the region such as Eluid Kipchoge are rising from beneath the rocks through sports.

But the region is not doing enough to get the most out of sports. The sector is largely under regulated
and underfunded. There is hardly any deliberate talent searching or development. Sports facilities are
scarce. No one even seems to care about the rights of the trudging athletes.

Of the national legal regimes on sports in the East African Community (EAC), Kenya 9 is the most
updated and developed with the latest amendments being of 2019. Tanzania 10 and Uganda11 have
early postcolonial laws. Their provisions are obsolete. These look at sports with armature lenses as
opposed to an industry of professionals that need special attention. Rwanda has an Act of 2017
governing sports and leisure. In South Sudan, sport is provided for under the Constitution. 12 But these
provisions are insufficient and are yet to be operationalized. Burundi has a Sports Act of 2009 that
was modified in 2019. But despite the recency of its modification, it still has lots of gaps in it.

The Treaty for the Establishment of the East African Community 13 provides that the partner states
shall closely cooperate in matters of sports. To promote and enhance diverse sports activities 14 and to
develop mass media programs that will promote development of sports in the community 15. More than
two decades later, there has been little done to foster sports development in the EAC.

EAC still has no instrument to harmonize the region’s approach to sport. The gaps and inconstancies
in the sports regulatory and policy frameworks amongst the Partner States remain vivid. The
community continues to sleep on its enormous sports potential. All in the plain sight of the EAC legal
and policy framers.

8
UKaid, “Regional Analysis of Youth Demographics, East African Community Countries”, UKaid, 2018, available at
https://assets.publishing.service.gov.uk/media/.5af952c8ed915d0de537ba55/East_African_Community_EAC_countries
_briefing_note_Regional_Analysis_of_Youth_Demographics_.pdf (accessed on 3rd Jan/2021).
9
Kenya Sports Act, 2013 (Amended 2019)
10
National Sports Council Act of Tanzania, Act No. 12 of 1967, (Amended 1971).
11
Uganda National Council for Sports Act, 1964
12
Article 40, Transitional Constitution of the Republic of South Sudan, 2011.
13
Article 119, Treaty for the Establishment of the East African Community, 1999.
14
ibid, Article 119 (a).
15
Ibid, Article 119 (b)
 4

The above gaps and leakages are what this paper is woven to nurse. The tapestry of this text highlights
how injurious it is to continue without a common regional regulatory instrument on sport and the
benefits the EAC could reap by simply putting one in place.

1.3 Problem Statement

The East African Community has no instrument to comprehensively and harmoniously either regulate
or guide on sports development and management. This is negatively impacting the quality of sport
participation, development and profitization in the region.

At the Rio 2016 Olympic games, the entire EA could only compete in just about 26% of the 41
Olympic sports disciplines. The entire region had no participants in casual sports disciplines such as
“men’s race walk”. Unlike countries in the North, West, Central and South of Africa, none of the EAC
countries has ever qualified for the Federation of International Football Association (FIFA) world cup
finals. Not that EA has no talents to earn from playing such games, but because the region has no
systems to funnel and develop her abundant talent.

The regional talents are fading away with time. And with them goes the socio-economic benefits of
sport.

In light of the principle of autonomy of sport, athletes in the region face unique challenges such as un-
extended labour law protection and human rights abuses, but with no suitable remedies.

All these challenges and more root from the continued omission by the EAC executive and legislature
to formulate a regional legal instrument to foster quality sports development and management.

1.4. Objectives of the Study

1.4.1 General Objective
To assess the link between sports law and social economic development in the East African
Community.

1.4.2 Specific Objectives

The study had three specific objectives; these are as follows;

a. To detect the nexus between regional economic integration and the sports industry.
b. To assess how the lack of a comprehensive and harmonious legal framework on sports at the
initiative of the East African Community is affecting sports in the region.
c. To explore the benefits that the East African Community could reap from tailoring a modern
legal instrument on sports in the region.
 5

1.5 Significance of the Study

This section highlights the importance of this study. And demonstrates how this study positively
contributes to sports law, especially in East Africa.

The paper informs East Africans of the need for a tailor-made legal instrument on sports in the East
African Community and the benefits that will arise therefrom.

This paper offers guidance to policy framers and legislators in the East African community on how to
tailor a regional legal instrument on sport.

The paper also adds to the nascent literature on East African sports, especially in the sports law field.

1.6 Literature Review

In this segment, the researcher analyses the available literature that relates to the research topic. This
is aimed at detecting the status of literature on the research topic. Generally, there is limited data on
sports law, especially on sports law in EA. Nonetheless, the researcher used the material below to
identify the gaps in the available literature and demonstrate the relevancy of this research project.

Bosscher et al observe that international sporting success is majorly determined by factors at three
levels. 16 These are the macro-level factors. These ideally concern the environment in which the
athletes live. These include the economy, demography, geography and climate, urbanisation, politics,
and national culture. Evident from the scattered success of EA sport, these factors are well present in
the region.

The other level is referred to as micro-level. This alludes to the natural talent of an athlete. That these
influence the success of individual athletes, ranging from the influence of inherited genes to social
influence of parents, friends and coaches. There is no lack of talent in EA, the region is littered with
well decorated athletes including reigning world record holders.

The last level is referred to as the meso-level. These are policy influencing factors. They influence
when and how is sport funded. They dictate matters of talent identification and development,
infrastructure et cetera. This is exactly where EAC has huge gaps. The region has no harmonized or
comprehensive policy and regulatory framework on sport. There are no deliberate efforts to fill these
gaps. This paper is aimed at aiding in identifying and filling these gaps.

16
Bosscher, V., Successful Elite Sports Policies: An international comparison of the Sports Policy Factors Leading to
International Sporting Success (SPLISS 2.0) in 15 Nations, Aachen: Meyer & Meyer Sports, 2015, p.41.
 6

The researchers add that whereas there is hardly a thing can that be done about the macro-level and
micro-level factors, the meso-level factors can easily be adjusted. Improving on meso-level factors
leads to cultivated sports success. The meso-level factors are the controllable variable in the formula
for sports success.

This research guides States on how they can successfully achieve success in elite sports at national
level as opposed to regional level. Bosscher et al do not elucidate on how integrating States can jointly
work towards sports development and development through sports. This gap is covered by this paper.
This is done through elaborating how these sports enhancement strategies can be viably planned and
executed jointly by countries at regional level. This research focuses on how to improve the sports
meso-level factors in EAC, at regional level.

The Commission on African Sport Architecture has also conducted research on regional sports
development through a 2011 report.17 The report indicates that in 2006, the African Union (AU)
institutionalized the AU Conference of Ministers of Sport (CAMS). The role of CAMS is to provide
political leadership for the harmonization and coordination of sport policy matters in Africa as a sports
region (at continental level).

The report recommends the creation of committees of experts to enable smooth management and
development of sport in Africa. To wit, Technical Committee for Sport Development, Technical
Committee for Finance and Auditing; and Technical Committee for the all Africa Games and
Marketing.

The Commission also investigated the possibility of a self-funding all Africa Games. It was advised
that the marketing, sponsorship and commercialization potential of the all Africa Games to generate
resources to sustain the new African Sport Architecture. And indeed, by the ninth edition of the games
in South Africa 1999, the games recorded 2 million USD in revenue. This is a big lesson to the many
sceptics of African sport that ride on the fear of lack of funding. If EAC follows such technical advice,
sport can easily become self-funding and an attractive income generating avenue.

The commission also notes that the lack of clear governing instruments resulted in confusion and
tension in the way the Games are organized and how they are supposed to be hosted. This is the exact
dilemma that EAC sport endures. There is no instrument to strike harmony amongst the Partner States
in matters of sports regulation and policy.

17
Commission on African Sport Architecture, Report of the Commission on African Sport Architecture, Addis Ababa:
African Union Commission, 2011. p. 3.
 7

The report also encourages coordination between sports stakeholders at regional and at international
level. This is important for EAC. Different sports are managed by local national associations or
federations. These are further affiliated with international sports bodies such as Federation of
International Football Association (FIFA), for football and Federation Internationale de l’Automobile
(FIA) for motor sport. It is thus important to see that regional arrangements do not violate the
international rules of particular games. States that violate such international rules of the games risk
being banned. For example, Tanzania was banned from international football by FIFA in 2000 on
allegations of State/political interference. 18

The report urges the facilitation of sport as a commercial venture. This is one of the major points that
the researcher articulates on. This research also enumerates the immense benefits that such
investments can bring to EAC.

The report is drawn in the African Union, continental sense, but the researcher conducted this research
at the EAC sub-regional level. The report is also silent on matters of the rights of athletes and sports
clubs. This gap is filled in by this research.

The Helsinki Report on Sport19 was created after holding numerous consultations with sports
stakeholders. These included the Olympic movement, sporting federations, sports industries, media,
governments and Community institutions. This underscores the need to first dialogue with
stakeholders to have their input in making a sports legal instrument in the EAC.

The report reads that at least of 37 billion people watched the games of the 1998 football World Cup
via television. That is nearly 600 million viewers per match. Furthermore, the International Olympic
Committee (IOC) managed to negotiate the value of television rights to a tune of United States Dollars
(USD) 441 million in 1992 Barcelona Olympic Games and up to USD 1.318 billion for the 2000
Olympic Games in Sydney. This is geared towards demonstrating the economic might of sport that
has been here now for long. Unfortunately, EAC is yet to reap from it. This research is vital towards
changing that through helping the EAC States in jointly developing and profiteering from sports in
the region.

Accordingly, the report affirms that the sports industry creates jobs directly or indirectly. The report
indicates that the jobs created by the sports industry in the European Union (EU) had then (1999)

18
BBC, “Tanzania face football ban”. BBC, 27th/10/2000, available at
http://news.bbc.co.uk/sport2/hi/football/994920.stm (accessed on 20th Sept, 2020).
19
Commission of the European Communities, Report from the Commission of the European Communities to the
European Council, European Union: Brussels, 10th Dec, 1999, p.12.
 8

grown by 60%. One of the challenges that EAC continues to grapple with is under employment and
under employment. The African Development Bank estimates the youth unemployment rate in
Burundi to about 65%20, a similar situation is traceable around the region, yet sport could easily
employ many youths. But EAC is not paying attention to sports.

The reports also take cognisance of the doping challenge. This is deemed unfair in sport. It also poses
medical risks to users. Doping is induced by the desire to win, overly packed sports calendar peer
pressure et cetera. There is a dire need to combat doping and support the World Anti-Doping Agency
(WADA). States are also required to have a National Anti-Doping Organization (NADO). Only Kenya
has managed to set up a laboratory in the region. There is need for EAC to support the sports bodies
to fill the anti-doping gaps in EA.

The report also calls for the need to use sport in combating exclusion, inequalities, racism and
xenophobia and conflicts. Portions of discrimination are traceable in EA. Especially against women
and persons with disabilities. Conflict has ravaged many parts of EA. South Sudan, Burundi, Rwanda,
Kenya, Uganda, have all had a dose of civil strife. Sport could be employed as a tool to quell and deter
such regrettable incidents.

This report was done by the Commission of the European Communities and it was presented to the
European Council. Thus, although it rightly reported on the status of European sport. The same might
not be necessarily true in the East African perspective. The researcher focuses on similar matters but
basing on the status of sport in East Africa as opposed to Europe. This enables the EAC to tackle the
unique challenges that maim the EAC sports industry. Furthermore, this paper presents ideas on how
the EAC sports industry can be made vibrant for the benefit of many East Africans.

Mwisukha and Mabagala lay out the sports management structures in East African countries. 21 These
include; national Sports Councils, Government Ministries, National Olympic Committees, sports
federations for different sports disciplines and local authorities. This gives a practical insight on sports
administration in East Africa.

The writers note that establishment of Sports policies gives direction to the development of sport and
absence of the same is prejudicial to sports development. Such policies should be revised and

20
Africa Development Bank, “Burundi Economic Outlook”, Africa Development Bank, 2020, available on
https://www.afdb.org/en/countries/east-africa/burundi/burundi-economic-outlook (accessed on 11th/01/2021).
21
Mwisukha, A. and Mabagala S., “Sports Management Practices in Africa; Governance Challenges in Sport in East
Africa”, in Kaimenyi, J. and Rintaugu, E.,(eds) The Nexus of sports in African Universities: management challenges.
African Sports Management Association, Nairobi: Kenyatta University Institutional Repository, 2015, pp.1-7, available
on https://ir-library.ku.ac.ke/handle/123456789/13542?show=full (accessed on 9th/01/2021).
 9

implemented. This partially highlights the need to have specific, modern and flexible policies in the
sports industry.

The writers are alive to the need of a sports policy and sports structures, but their focus is at national
level. The writers do not address the legal challenges faced by sports clubs and athletes in East Africa
and how the same can be rectified. These gaps are filled in by this paper. This paper builds on from
national regimes that Mwisukha and Mabagala focus on and bring in a regional level in a harmonious
manner.

22
Weerakoon notes that policies should focus on elite and community sports. It is pertinent to
appreciate the difference between the two. Community sports have benefits of social value such as
fostering non-discrimination and good heath while elite sport has an economic outlook. This study
alludes to the social and economic benefits of sport in EAC while making a distinction between the
two.

The writer also stresses that cooperation from Member States is crucial. There needs to be political
will in favour of pro-sports measures. This is equally of value for the EAC Partner States.

Weerakoon further avers that sports should be planned for straight from schools, communities,
districts, national and then regional level. This is a good coordination model, but unfortunately EAC
is yet to have any settings at regional levels. Such a costly gap. This paper addresses the gap in an aim
to better the status quo.

Weerakoon’s insights are in the United Kingdom (UK) perspective. The UK has fewer countries (four)
than the European Union (27 Countries), thus easier comparable to EAC that currently has six States.
Albeit the circumstances in the United Kingdom are different from those in East Africa. The writer’s
research focuses on East Africa rather than the UK. Weerakoon does not tackle aspects of sports
financing that remain a major challenge in EAC, it is a gap is covered by the study at hand.

Blackshaw starts by alerting readers that sport accounts for more than 3% of world trade. 23 This is an
indicator of the sport financial prowess. This should be enough to remind EAC leaders that sports are
no longer just games, it is business.

22
Weerakoon, R., “Sport Policy in UK: The Reforms, Policy Priority and its Effect to Sport Sector during 2000 to
2012”. Research Gate, 2016, available at https://www.researchgate.net/publication/304659236 (accessed on
4th/01/2021).
23
Blackshaw, I.S., International Sports Law: An Introductory Guide, Hague: T.M.C. ASSER PRESS, 2017, p.85.
 10

He also notes that at the start, the EU treaties were silent on sport. But the need to change that arose
over time. Later, sport was accorded specific attention under the Lisbon Treaty of 2007. This Treaty
came into force on 1st December, 2009. Article 165 of the Treaty is referred to as the ‘Sports Article’.

The author further states that sport has its special characteristics that have given rise to the doctrine of
‘specificity of sport’. This alludes to the special requirements of sport that call for special attention
and bits of sports autonomy. For example, the super-fast dispute resolution mechanism amidst on-
going sports events that cannot be provided by ordinary Courts of law. Such scenarios are traceable
in EAC, unfortunately, most of the Member States have no such mechanism. This highlights the
urgency in the need to have specificities of sport addressed with regional uniformity.

Blackshaw focuses of EU and its sports mechanism rooting from the Lisbon Treaty. This is different
from the current research. The researcher focuses on EAC sports rooting from Treaty for the
Establishment of the EAC that expressly covers sports.24 Blackshaw also leaves out the issue of
development of sports infrastructure at regional level yet sports infrastructure is a vital handmaid to
sports development. This is another gap that is filled by the current research.

Parrish notes that although the EU had no clear treaty provision from its inception up to late into the
first decade of the 21st century, it took cognisance of the industry and made efforts to harmonise any
inconsistencies. 25 Albeit, the lack of an outright treaty provision on sport, challenged the competence
of EU to regulate sport. Nonetheless, the European Court of Justice (ECJ) made efforts to ensure that
sporting activities do not contradict the Treaty provisions. In the contrast, Article of the 119 (a) and
(b) of the EAC Treaty give the EAC ample competence to deal with matters of sports promotion.

The author also observes that EU sports law is largely a product of the EU’s sports policy. That the
EU looked at sport as a political tool that could strengthen the joint EU ideology and ideology in the
minds of EU citizens.

Parrish also demonstrates the impact of the ECJ on development of sports law and policy in the EU.
He points out the Walrave case26 as the first sports law related cases to be brought before the ECJ.
The ECJ qualified sport as an economic activity regulated by EU law and that discrimination between
EU nationals was unwelcome.

24
EAC Treaty, Article 119 (a) and (b).
25
Parrish, R., Sports Law and Policy in the European Union, Manchester: Manchester University press 2003, p.15.
26
Walrave v. Union Cycliste International ECJ Case 36/74 [1974] ECR 1405.
 11

Another notable decision of the ECJ is the Boseman case27. The ECJ affirmed that sports qualify as
economic activities regulated by EU law. And that freedom of workers in the EU should equally be
available for athletes without any unjustified restrictions. The East African Court of Justice (EACJ) is
yet to have any opportunity to deliberate on a sports related matter.

The author also notes that the Helsinki Report on Sport of 1999 marked the birth of sports law and
policy in the EU. That this was a result of ample deliberations between Partner States and competent
research. This was followed by the Amsterdam Treaty’s Declaration on Sport 28. He further notes that
the relationship between the EU and sport was a policy problem that need to be investigated and
addressed through EU policy.

Parrish’s findings and opinions are very relevant to the EAC too. Unfortunately, the EAC still operates
without paying the necessary attention to sport.

Parish’s focus is on sports law in the EU while this study research focuses on sports law in the EAC.
Parrish also does not address the connection between sports development and social-economic
development, this is a gap that is filled in by this research.

The EU White Paper on Sport starts by stating that sport is a growing social and economic
phenomenon that makes important contributions to EU's strategic objectives of solidarity and
prosperity. 29 This is a glimpse of what sport can equally do for EAC if given the necessary attention.

The paper then makes mentions of the challenges in the sports industry merging in the EU. These
include exploitation of young players, commercial pressure, doping, racism, money laundering,
violence, corruption among others. There is an urgent need to combat these challenges. Some of these
challenges are also traceable in EA. But unfortunately, little or nothing is done to uproot these weeds
in the industry that are eating up EA talent in large numbers.

The report reads that its overall objective is:

to give strategic orientation on the role of sport in Europe, to encourage debate on specific
problems, to enhance the visibility of sport in EU policy-making and to raise public
awareness of the needs and specificities of the sector. 30

27
URBSFA and others V Boseman ECJ Case C-415/93 [1995] ECR I-4921.
28
Amsterdam Treaty, 1997.
29
Commission of the European Communities, “White Paper on Sport”, European Union, Brussels: 2007.
30
Ibid, p. 2.
 12

The role of the paper is very similar to that of this research. The difference is that study is based on
EAC law and targets the EAC sports industry.

The paper further highlights the relationship between a sports culture and a healthy society. The paper
provides that a lack of physical activity fosters overweight, obesity and a number of chronic conditions
like cardio-vascular diseases and diabetes. This leads to higher burdens and expenditure on health.
But when the persons live active lives, the medical bills are lowered, thus creating more financial
flexibility and saving lives. In Kenya, obesity is said to be increasing at a rate of 5% per year. 31 The
rates are even much bigger among urban dwellers. 32 Thus the EAC can equally use the sports avenue
to iron out these challenges.

The paper urges the EU to focus on women in sport, with specific attention given to immigrant women
and women from ethnic minorities. This is through enabling women's access to decision-making
positions in sport and media coverage of women in sport. The EAC can also use sport as an avenue to
fight gender discrimination and better the livelihood of many women and the estimated 4.9 million
refugees33 in the region.

The paper also makes mention of the issue of ensuring financial ethics in sport in the EU. In the EAC,
the president of Uganda’s Federation for Uganda Football Association (FUFA), Moses Magogo
pleaded guilty to financial irregularities. 34 Former Tanzania football boss, Jamal Malinzi was also
found guilty of corruption. 35 This makes it evident that even EAC sport encounters corruption related
hardships.

The White paper on Sport is a product of the research conducted in the EU in the mid-2000’s. At that
time in the EU, sport was so much developed in the EU than it currently is in the EAC. The present
study is a product of the current status quo of sports in the EAC. This guarantees a difference in
findings of fact between the two papers. The researcher collected current data from the East African
sports industry. This enabled the ideation of real-time solutions to tackle current challenges as opposed

31
Mbochi, R., et. el, “Predictors of overweight and obesity in adult women in Nairobi Province, Kenya”, Nairobi: BMC
Public Health, 2012, available at http://www.biomedcentral.com/1471-2458/12/823 (accessed on 10th/01/2021)
32
Ibid.
33
World Vision International, “By the Numbers: How we’re working with refugees in East Africa”, World Vision
International, 2018, available at http://ww.wvi.org/article/numbers-how-were-working-refugees-east-africa (accessed on
3rd/01/2021).
34
Agaba, A., “FUFA president Moses Magogo Pleads Guilty to Corruption, Suspended and Fined UGX 37 Million”,
CEO East Africa, 10th Oct, 2019, available at https://www.ceo.co.ug/fuffa-president-moses-magogo-pleads-guilty-
suspended-and-fined-ugx-37-million (accessed on 5th/01/2021).
35
Awami, S., ”Ex-Tanzania FA boss Jamal Malinzi guilty on one of 20 corruption charges”, BBC Africa, 12th Dec,
2019, available on http://www.bbcco.uk/sport/football/50757134 (accessed on 10th/01/2021).
 13

to providing stale solutions based on outdated data. The White paper is silent about the challenges
that athletes and sports clubs in the sports industry. This gap is covered by this research. Having
knowledge of these problems guides in the formulation of viable solutions to the identified challenges.

A report on the contribution of sport to economic growth and employment in the EU, commissioned
by the European Commission Directorate-General on education and culture36 studies the relationship
between economic growth and sports in the EU. This is relevant to this paper as the paper similarly
also indicates the economic benefits that will accrue to EAC from sports once the industry to accorded
due attention.

The report indicates that the direct sports-related gross value to the total EU gross production value
ranges between 1.13% and 1.76%. If the value of the indirect benefits is considered, then the total
value contributed grows to about 2.98%. The report further indicates that the highest sport-related
value added is traceable in 3 major sectors. These include the recreational sector that engulfs cultural
and sporting services. It is the top-most beneficiary. The second beneficiary is the education sector.
Third in line is the hospitality sector which captures hotel and restaurant services.

The report also states that the sports industry interrelates with other sectors. That multiplier is used to
measure the degree of sector interrelatedness. That sport has capacity to positively impact other sectors
thus catalysing development. The other sectors that benefit from sport are mainly construction,
transport and tourism.

The report also indicates that sport accounts for at least 2.12% of total employment in the EU. This
proves that sport is a labour-intensive industry. EAC still struggles with high levels of employment,
especially among the youth. The employment statistics prove that the sports industry can employ
many youths with little or no educational qualification requirements.

The report also indicates the significance of the sports industry is comparable to the agricultural
industry, forestry industry and fishing industry combined. This is mind awakening in the East African
perspective since most of the natives in EA depend on agriculture.

The report further guides that sport has characteristics of a luxurious good, especially the characteristic
of income elasticity. This enables higher growth rates in the production of sports products and services
in lower income countries than in developed countries. In East Africa, only Kenya and Tanzania have
attained the status of lower middle-income economies. However, both countries in addition to the rest

36
European Commission, Directorate-General Education and Culture, Study on the Contribution of Sport to Economic
Growth and Employment in the EU, Brussels: SportsEconAustria, 2012, p.1.
 14

of the EAC members still fall short of qualifying as developed countries. Thus, all EAC Partner States
can economically benefit from the sports industry at higher rates than developed countries.

The above report indicates how the EU has directly and indirectly benefitted from sport in economic
terms. This is geographically different from the current study. The current study indicates how EAC
Partner States will benefit from a vibrant sports industry. The report does not cover aspects of sports
financing or investments, especially in EA, this gap is covered by the present study.

Swinnen and Vandemoortele also study the impact of sport on economic development using the 2010
world cup in South Africa as a case study. 37 They note that there is a universal right to play that ought
to encourage investment in sport.

Swinnen and Vandemoortele write that in the United Kingdom (UK), sports contribute more than 2%
to the total Gross Domestic Product (GDP). That is up-to three times higher than what agriculture
contributes to the UK GDP. This as earlier noted continues to buttress the economic potential of the
sports industry that can easily leap-frog over and above what agriculture contributes to the EAC.

The authors go ahead to write that sports clubs are commercial enterprises that are quickly growing
into multinational enterprises. They give the example of Manchester United, a football club in England
that is currently valued at 3.81 billion United Sates dollars 38, higher than the GDP of Burundi. This
indicates that given a favourable investment climate, sports clubs in EAC can as well become
economic engines driving the region to economic prosperity.

The authors also observe that the number of cities bidding to host international sports events has
drastically increased. This is because the economic benefits realised from hosting such events also
increase steadily. Such events stimulate business resulting to economic booms. Such benefits are
larger than the costs of hosting sports events. This is one of the reasons that prompted South Africa to
bid for the hosting of the 2010 football world cup.

The authors add that governments ought to make sports-economic impacts report to monitor
investments and returns in the sports industry. Such reporting would then guide States on further
investments in sport, if any. For countries that are making initial investments, reports from countries

37
Swinnen, J. and Vandemoortele, T., “Sports and Development: An Economic Perspective on the Impact of the 2010
World Cup in South Africa”, Research Gate, 2008, p.1, available on https:www.researchgate.net/publication/239858891
(accessed on 14th /02/2021).
38
Swab, B., “Manchester United, Barcelona, and Real Madrid among world’s 50 most valuable sports teams in 2020”,
Give me Sport, 31st Jul, 2020, available on http://www.givemesport.com/158730-manchester-united-barceleona-and-
real-madrid-among-worlds-50-most-valuable-sports-teams-in-2020, (accessed on 14th/02/2021).
 15

that have made similar investments are crucial. This is important for EAC Partner States once the
EAC elects to strategically regulate and invest in the sports industry.

The authors also note that the labour opportunity cost is low in developing countries. That the high
levels of unemployment in developing countries make it easier and cheaper to get the labour force to
provide labour in sports ancillary services such as construction of sports infrastructure.

The authors also make a unique observation with regard to migration of African players to Europe.
They note that the continent is losing plenty of talent to the rest of the world. They refer to this as
“muscle drain”, picking the analogy from the common African challenge of “brain drain”. That this
is one of the major barricades to development of local sport. Talented athletes are lost to countries
with developed sports industries. EA also has athletes playing elsewhere such as Mbwana Samatta
who had a contract with an English club, Aston Villa, though playing on loan for a Turkish club,
Fenerbahce.

Swinned and Vandemoortele tackle sports and development in the economic sense using South Africa
as a case study. This current study focuses on EA while leaning on the legal structures in the EAC.
This study provides guidance on how to setup proper sports development framework in the EAC. The
researcher also highlights the social benefits of sports development, something that Swinned and
Vandemoortele did not consider. The EAC being a host of many refugee communities, sports can also
be used as a vehicle to integrate such communities within the region.

Njoroge et al analyse the socio-economic benefits of sports in Kenya using the Machakos County as
a case study. 39 They write that in Kenya, Machakos is perceived to be a sports model county that has
invested in sports facilities. That this has enabled the country to host local, national and international
games because of her attractive investment in sports facilities.

The authors note that sports investments have benefited Machakos mainly through infrastructure
development and increased sports tourism which has attracted many businesses and created jobs. The
lodging and catering industry are soaring in success thanks to the sports activities in the Machakos.

The researchers also indicate that the sports facilities in Machakos have increased the number of
people participating in sport or consuming sports as a product. Between 2014 and 2015, at least 64%
of the natives of Machakos had consumed a product of the sports industry.

39
Njoroge, J.M., Atieno, L., and Do Nascimento, D.V., “Sports Tourism and Perceived Socio-Economic impact in
Kenya: The Case of Machakos County”, 23(2) Tourism and Hospitality Management, 2017, pp. 195-217.
 16

The above successes of Machakos support the hypothesis that sports success is possible in East Africa
as it has been anywhere else in the world where the leaders have deliberately opted to invest in sport.
If a county like Machakos is already reaping from the benefits of a developed sports industry, so can
the rest of the EAC Partner States.

The authors solely focus on Machakos County, but this study focuses on sport in East Africa as a
whole. This aids in the ideation of solutions that can easily be embraced at the EAC regional level.
The authors do not attend to questions of legal harmonisation of sports regulations, this is a gap that
is filled in by this study. Achieving legal harmonisation of the laws on sport in the region will help
EAC Partner States to easily integrate their sports industry and ease coordinated regional sports
development

Zakharova and Melnik note that States in a regional or integration setting ought to respect the principle
of “autonomy of sport”. 40 Partner States should not interfere with internal rules of sports such as field-
play or training regulations. Such realms of self-regulation should be protected as they are
transnational in nature, affecting not only the Partner States, but world over. Notwithstanding, the
authors observe that sports organisations may be assisted in sports related crimes such as manipulation
of sports results and hooliganism of fans on sports fields. Such autonomy of sports roots from the
freedom of association that form the cornerstone of international sports associations such as FIFA.

The authors further note that the stage of a “Common Market” in the integration process is important
to athletes in any region. This is because it removes restrictions on free movement of persons within
the subject region. Athletes can thus easily export their talents across integrating countries such as the
EAC Partner States.

The authors note that in the law of integration, Partnering States should leave room for sports
organizations to self-regulate. That it is the pluralism formed by such self-regulation and the general
legal norms, and how the two relate brings out the niche of sports law. That the European Union,
while regulating sports, should only be seen as intervening where necessary as opposed to interfering
with sports autonomy.

The authors cite Resolution 1602 (2008), adopted by the Parliamentary Assembly of the Council of
Europe, stipulating that sports bodies ought to remain independent and supported without
compromising their autonomy. They further cite Resolution CM/Rec 3 (2011) of the Committee of

40
Zakharova, I.L. and Melnik, E. T., “Some Reflections on regulating Professional Sports in Integration Associations: A
Sphere of Autonomy or an Object of the Union Law Regulation”, 26, Comparative Law Review, 2020, p.281-310.
 17

Ministers of the Council of Europe in support of the autonomous nature of sports organizations. That
in order to support sport in a regular manner, the EU draws periodic work plans in liaison with sports
organisations. Such plans reflect the EU sports priority areas such as “women in sport”. The plans are
then tasked with specific authorities with specific timelines.

The authors elucidate on how the EU has managed to regulate sports without interfering with the
autonomy of sports. This study analyses how the EAC can also safely regulate sport while preserving
the autonomy of the sports organizations. This will enable the EAC to safely execute her sports
mandates under the EAC Treaty without puncturing the veil of sports autonomy. Zakharova and
Melnik do not write about how proper sports regulation can be used to deliver socio-economic
development, this gap is filled in by this study. Enabling proper regulation of the EAC sports industry
will eliminate vices such as corruption and sexual harassment of athletes thus making sports attractive
to East African athletes. Proper regulation also attracts private investments and sponsorships in sports
that in the long run create employment and income generating opportunities for East Africans.

Hoffmann et al, write about sports success in the integrated Association of South East Asian Nations
(ASEAN) integrated region. 41 They note that Olympic success has always come to countries that
deliberately invest in sports. China, Japan and South Korea have been largely the most successful
countries in Asia while African countries have been by far less successful.

The authors further note that ASEAN countries with a larger population, such as Indonesia are also
likely to be successful at the Olympic Games compared with those with lower populations. This is
because densely populated countries have a larger pool of athletes to pick from. They add that though
a large population does not automatically lead to success, especially in such countries with large
population base do not deliberately invest in sports. In such circumstances, ASEAN countries with a
small population but strategically investing in sport, such as Singapore may easily win over those with
a bigger population.

The authors state that climate also affects sports performance and success in the ASEAN region. That
conducive climates encourage more playing time that eases perfection thus leading to success. East
Africa has favourable climate to enable ample playing conditions in majority of the sports disciplines.

41
Hoffmann, R., Ging, C.L. and Ramasamy, B., “Olympic Success and ASEAN Countries; Economic Analysis and
Policy Implications”, 5(3) Journal of Sports Economics, 2004, pp. 262-276.
 18

The authors also indicate that encouragement of mass participation in sports activities in the ASEAN
region also leads to an increase in sports success. This is because when many people are encouraged
to play, then more talented athletes are identified.

The authors do not address the legal concerns in sports development, this gap is filled in by this paper.
Having sports issues being addressed through a legal document such as a Protocol on sports creates
legal obligations that can be legally enforced in case of any omissions in fulfilment of such obligations.

1.7 Research Hypothesis

The study presupposed that there is a link between sports law and socio economic development in the
East African Community.
1.7.1 Elements of the hypothesis
The hypothesis of this study has three major elements as stipulated below:
(a) That the sports industry is an important facet of regional economic integration.
(b) That the lack of a comprehensive and harmonious legal framework on sports at the initiative
of the East African Community is negatively affecting the sports industry in the region.
(c) That the East African Community can still reap several social economic benefits from tailoring
a modern legal instrument on sports in the region.
1.8 Research Methodology
In this segment, elaborates how the researcher tackled the subject study. The segment captures the
data collection methods and techniques, data analysis, among other means of solving the research
problem at hand.

Kothari describes research methodology as a way of systematically solving a research problem. 42

Generally, this research is a triangulation of qualitative and qualitative aspects. Dominantly, the
research is qualitative or analytical. To a smaller extent, quantitative or empirical means are employed.
Especially in demonstrating the magnitude of cost-benefits. And how much the EAC will miss out if
the status quo is maintained. Below are the methods used in data collection and analysis.

42
Kothari C.R., Research Methodology Methods and Techniques (2nd), New Delhi: New Age International Publishers,
2004, p. 8.
 19

1.9. Data Collection

1.9.1 Documentary Review
The researcher opted for this method because many writers have written quality material that relates
to the topic of research. The researcher collected and analysed documents related to the topic of
research. These were from physical libraries and online materials.

The researcher also reviewed the laws, regulations, policies, guidelines and declarations on sports,
inside and outside East Africa. This enabled the researcher to recommend international best practices
for sports regulation in East Africa.

1.9.2 Field Research

1.9.2.1 Interviews
The researcher collected primary data from field research. This was mainly through key informant
interviews. The researcher interviewed an elite athlete in EA, a sports investor, legal counsel to the
Uganda National Council for Sports, international sports lawyers, a president of a sports federation, a
trader in sports merchandise and personnel in sports administration or management. The researcher
conducted nine interviews in total. The interviews lasted between 40 minutes to one and a half hours.

The interviews were semi-structured. These involved interview guides with substantially open-ended
questions. The interviewees were allowed to deviate from the guides so as to provide data at length.

The researcher opted for this method because it enables the researcher to get practical insights on
challenges and proposals for better sports in EAC. The method also offered technical or expert
information to the researcher from expert interviewees.

1.9.2.2 Questionnaires
The researcher prepared and administered open ended questionnaires. These were delivered to four
respondents that were hard to reach physically and one that simply preferred the method. Three of the
four respondents that opted for questionnaires later requested for follow-up interviews. Only one
respondent filled and returned a questionnaire, the other three gave their responses through interviews.

1.9.3 Sample Size and Sampling Technique

The researcher employed the purposive sampling technique in selecting expert respondents so as to
get in-depth data quality. The researcher deliberately identified of six expert respondents to interview.
Questionnaires were successfully will be administered to four respondents. Only one filled and
returned the questionnaire while the three later responded through interviews. This brought the total
number of respondents to ten.
 20

These respondents were identified based on their experiences and knowledge on East African sports
industry. The respondents included administrators, athletes, international sports lawyers,
agents/intermediaries and investors in the field of sport. The selection took into account national and
gender sensitivity concerns.

1.9.4 Data Analysis

Data analysis involves organizing data into manageable segments so as to identify intelligible patterns
or relationships in the collected data.43 The researcher organized and summarized data collected from
the secondary and primary sources relating to sports law, sports management, development and
challenges in EAC.

The study being largely qualitative in nature, the researcher examined the data through critical
analysis. The processed data was then reported in a narrative and descriptive format set out
chronologically.

1.10 Scope of the Study

This research focused on laws, regulations, policies, guidelines and international best practices in the
sports industry in the EAC and globally. Viable references to other Regional Economic Communities,
especially the EU and Southern African Development Community (SADC) were made. These were
juxtaposed with practical realities in EA sports.

Sports law includes a general body of football law. Football law is a wide limb of sports law. This
study doesn’t focus much on football law, but rather the general body of sports law.

1.11 Limitation of the Study

Burundi (especially) and Rwanda have most of their data in French, a language the researcher isn’t
well conversant with. To circumvent this challenge, the researcher sought the services of colleagues
who are fluent in French.

1.12 Research Ethics

The researcher fully complied with generally accepted ethical principles to present original work.
Where knowledge was sourced from different literature or interviews the same is acknowledged. The
referencing is by footnotes and bibliography. The referencing style is the University of Dar es Salaam,
School of Law referencing style, 2021.

43
Schreier, M., “Qualitative Content Analysis” in Flick, U., (ed), The Sage Handbook of Qualitative Data Analysis,
SAGE, 2013, pp.165-170.
 21

CHAPTER TWO
CONCEPTUAL FRAMEWORK ON SPORTS LAW, REGIONAL INTEGRATION AND
DEVELOPMENT

2.1 Introduction
In this chapter, the researcher provides an elaborate account of key concepts in this paper. These
concepts are arguably the cornerstones of this study. These include sports laws, sports autonomy,
specificity of sports, sports and regional integration, Protocols and international relations, sports and
regional socio-economic development. The chapter also captures how two regional blocks approach
aspects of sports. Below is the chapter in its entirety.

2.2 Historical Evolution of Sports Law

In chapter one, the researcher gave a brief account of the history of sports in general, in this segment,
the writer demonstrates the conceptual union of sports and the law that sired the “sports law”
phenomenon.

Earlier centuries had demonstrated the numerous benefits and limitless potential of sport. Sport had
been proved to be a unique vehicle for politics, social cohesion, cultural development, health
enhancement et cetera. But the last half of the twentieth century came with novel factors that would
shape the face of modern sports, probably forever. These can be generally described as
“commercialization” or “commodification” of sport.

Professor Nafziger 44 notes that sports law grew as a response to certain developments in the sports
ecosystem. Notorious of these are mass corporate investments, broadcast rights, advertisement in the
sports environment and mobility of athletes.

Governments, legal and natural persons began to invest time and money in the games like never
before. Sports facilities were being set up. Athletes were being “bought” at staggering sums.
Television rights were being sold off. Mega sports events were being organized and tickets to such
events sold off handsomely. Sports clubs were making and selling sports merchandise. Intellectual
property rights were being protected and traded. The consumption of sport as a commodity had taken
off, and there seems to be no way back.

44
Nafziger, J. and Ross, S., Handbook on International sports law, Cheltenham: Edward Elgar, 2011, p. 4.
 22

These developments brought about unique questions in the sport industry surrounding the issues of
the human rights of the athletes, intellectual property questions, competition law, employment status
of status of athletes, taxation questions, safety of athletes and spectators, free movement of athletes,
among others.

The above transactions and questions could not be concluded or resolved with the law being
blindfolded. This is how the influx of lawyers in the sports realm came about. The complex
transactions and questions were then resolved in light of the prevailing general laws.

Earlier on, it was believed that the legal questions and transactions in the sports realm could be
justifiably resolved using the general laws such as the law of contract, torts, labour law, competition
law, intellectual property law and the like. In fact, earlier cases such as in the Reed case45, a matter
1927 determined by the United Kingdom House of Lords (as was then) that had matters concerning
taxation of sports events were solved through ordinary court procedures and the general laws of
taxation. Another example is the Eastham case46. It was a 1964 matter challenging the manner in
which the football transfer system was then structured. The researcher shall shortly return to this
matter to demonstrate the change in perceptions as to whether sports matters could easily fit into the
ordinary legal systems.

The Walrave case presented the opportunity for Courts to deal with sports and regional community
law as opposed to municipal law. The European Court of Justice (ECJ) entertained a matter of an
athlete against his own sports (cycling) union. The sports union had organized an event with a different
set of sports union rules. The ECJ opined that, sport was indeed an activity that is regulated by
European laws. Parrish47 refers to the above as the “Juridification approach”. Under this approach, the
general laws such as contract law are carefully penetrated into the rules and practice of sports.

As the relationship between sports and the law continued to evolve, evidence-based conclusions
started to be reached. These pointed to one common concession, sport could not harmoniously
resonate with the ordinary legal frameworks. Sport needed special attention. As evident in the cases
that followed such as the Heylens case48, courts began to struggle to comfortably fit sports matters in

45
Reed V James Seymour [1927] AC 554.
46
Eastham V Newcastle United Football Club [1964] Ch. 413.
47
Parrish, R., Sports law and policy in the European Union, 2018, Manchester: Manchester University Press, p.6.
48
UNECTEF v. Heylens [1987] ECJ.
 23

the ordinary legal frameworks. Beloff et al49 opine that this is when discrete doctrines of begun to
crop-up in the field of sports.

These concerns peaked in the Bosman case.50 The ECJ observed that sports have unique features that
make them different from other ordinary industries. The ECJ51 acknowledged that sports bodies may
operate under special legal frameworks as private associations as long as their sporting rules do not
offend the general law.52 Court further noted that the differences between the specific rules of sport
and the general law could bring about uncertainty. 53 This highlighted the need to pay keen attention
to the specificities of sport. This is why this case is believed by many to be the mother of sports law.
If contrasted with the Eastham case54 of 1962 which presented similar facts, the later (1999) Bosman
case55 makes the change in perception of “sports and the law” evident.

This is where legal practitioners in the sports industry and academics took it up from. Together they
advocated for recognition of “sports law” as a peculiar discipline of law with specific aspects that do
not harmoniously flow with the general law in all aspects.

The success of the practitioners and the academics resulted into States and regional blocks enacting
specific laws or policy instruments to regulate or guide the unique realm of sports at different levels.
Examples of such instruments include the European Union Nice Declaration on Sport in 2000, the
1995 Physical Culture and Sports Law of China, the Amateur Sports Act of 1978 in the United States
of America, et cetera. The national legislation governing sport organisations at municipal level. For
example, the Law Nº 32/2017 of 03/08/2017 Governing Organisation of Sport, Games and Leisure
governs sports within the jurisdiction of the Republic of Rwanda.

Parallel to the regional and national legal and institutional frameworks, are the International Sports
Federations (ISFs). These govern a specific sports discipline such as the International Basketball
Federation (FIBA) that oversees the game of basketball. These also have regularly updated sets of
rules and regulations governing the subject sports disciplines. An example of this is the International
Tennis Federation (ITF) Rules of Tennis, 2021. These have detailed provisions on how the games of

49
Beloff, M. et al, Sports Law, Oxford: Hart Publishers, 1999, p. 3.
50
Union Royale Belge des Societes de Football association and others V Jean-Marc Bosman [1995] ECR 1-4921.
51
Ibid.
52
Ibid, Paragraph 81.
53
Ibid, Paragraph 143.
54
Eastham V Newcastle United Football Club [1964] Ch. 413.
55
Union Royale Belge des Societes de Football association and others V Jean-Marc Bosman [1995] ECR 1-4921.
 24

tennis ought to be played, the nature of equipment to be used, appointment of match officials, dispute
settlement et cetera. Such ISFs rules are fluid. They change regularly. Often on an annual basis.

Parallel to the above two legal regimes is the legal and institutional framework established vide the
Olympic Charter. The ISFs are recognised by the International Olympic Committee (IOC) as the
administrators of their subject sports disciplines.56 The IOC expects national federations to be
affiliated to the ISFs. The IOC further expects the ISFs seeking IOC recognition to act autonomously
and in conformity with the Olympic Charter. These relationships are further elaborated in the third
chapter of this study.

Foster57 refers to the above tripartite sports laws regimes as a private transnational legal order. The
legal order qualifies as private because the participants in these ISFs do so voluntarily and lawfully
through the exercise of the freedom of association. The ISFs then set up structures to squarely fit into
a definition of an international Non-Government Organisation (NGO). The legal order also acquires
international status through the international “Sports NGOs” having national sports associations from
different States such as Tennis Kenya registering as members of the International Tennis Federation,
an ISF. In sports, the process of a national sports association acquiring membership to an ISF is
referred to as “affiliation”.

Modern sports law at the international scene is seen as an autonomous legal order that is not controlled
by any particular State. It is described as a voluntary legal regime because members or participants
freely apply to be affiliated to the realm and thus be governed by regularly evolving rules and
regulations that the members agree to. Modern international sports law also jealously protects its
immunity from any form of intervention propelled by any other legal order or State. The terms
“immunity” and “autonomy” are further expunged on below.

2.3 The Principle of Sports Autonomy and Immunity

The principle of autonomy roots from the freedom of association. The sports family voluntarily comes
together and agrees to certain codes of conduct. The family’s freedom to set down rules on how to
internally regulate peculiar sports aspects should thus be preserved.

56
International Olympic Committee, “International Sports Federations are Responsible for the Integrity of their Sport on
the International level”, International Olympic Committee, available at https://olympics.com/oic/international-
federations (accessed on 04th/05/2021).
57
Foster, K., “Global Sports Law Revisited”, 17 (4) Entertainment and Sports Law Journal, 2019, pp 1-14, p. 1.
 25

International sports bodies such as IOC and FIFA have grown into Non-Governmental Organizations
with internationally sound legal capacity. 58 These sports bodies are dressed with rights and
obligations. The most vital right is the right to act independently without any unjustified limits,
directions or control by external actors, especially States. It is with these international sports bodies
that national sport associations affiliate. For example, in football, relevant stakeholders at national
level form a single football association (FA) in a given country. 59 The country FA may then apply for
membership at the Confederation of its jurisdiction.60 The country’s FA may then ultimately apply to
the FIFA secretariat for membership at FIFA. 61

There is need to deter any third parties from interfering with sports management. There is need to de-
risk any form of unjustified interference in sport, especially that which is orchestrated by States. This
is not intended to lock States out of the sports or put the sports industry out of reach. It is intended to
create grounds for collaborations between sports bodies and States with legal certainty and mutual
respect. And avoid having certain Countries dictating terms that may bind other participating
Countries.

Though sports should be supported, the autonomy of sports bodies should never be compromised with.
Sport ought to be given ample environment to self-regulate in a manner that does not contradict the
general laws, accepted principles and objectives.

The Olympic Charter makes it incumbent on the National Olympic Committees (NOCs) to see to it
that their operations are not interfered with by any external actors. 62 Any such interference puts the
NOC at the risk of being suspended or banned from participating in the games.

This sports autonomy and non-interference rule were endorsed by the United Nations General
Assembly Resolution on “Sports as a means to promote Education, Health, Development and
Peace”.63

58
Charnovitz, S., “Nongovernment Organizations and international Law”, 100(2), American Journal of International
Law, 2006, pp 348-367.
59
FIFA Statutes 2019. Article 11 (1).
60
Ibid, Article 11 (2).
61
Ibid, Article 11 (3).
62
Ibid, Article 27.6
63
United Nations General Assembly Resolution, Sports as a means to promote Education, Health, Development and
Peace, UN A/69/L.5 and Add 1, 9/16th/2014.
 26

2.3.1 Elements of Sports Autonomy

The principle of sports autonomy has four main elements. 64 These include the legislative, judicial,
administrative and the sanction and enforcement element. These elements are expunged on below.

(a) Legislative element

The legislative element enables sports organizations to formulate rules and regulations to govern
different aspects in the different sports disciplines. This element is exercised at commonly three
different levels depending on the subject sport. These include the international level, regional level
and national level. The end product is a chain of rules that are harmoniously linked to each other. All
subject sports bodies undertake to religiously observe the said rules. Such rules are an integral part of
the sports law niche.

(b) Judicial Element

The second element is the judicial element. Sports bodies create their own special dispute resolution
mechanisms. These structures vary depending on the different, national regulatory and institutional
frameworks, different sports disciplines and different regional frameworks.

Some sports federations have dispute resolution systems at national level. For example, the Federation
of Uganda Football Association (FUFA) has an internal dispute resolution mechanism with an
appellate level. The two have jurisdiction over football disputes in Uganda. 65 Countries like Kenya
have a National Sports Tribunal that has jurisdiction over any sports related disputes in Kenya. 66
Countries such as Uganda that are not privileged to have a national sports tribunal often end up filling
their matters before the ordinary civil Courts at the detriment of the general sports industry as
evidenced in the dispute between the Uganda Super League and FUFA. 67 In the aforementioned
case68, Remmy Kasule JA opined that sports events have limited timelines and elements of public
interest thus requiring special attention. 69

Some sports disciplines have dispute resolution mechanisms at regional level. For example, the game
of football in Europe has the “Adjudicatory Chamber of the Union of European Football Associations
Club Financial Control Body (CFCB)”. The CFCB Adjudicatory Chamber handles disputes that relate
to club licensing and financial fair play.

64
Foster, K., 2019, p.4.
65
The Statutes of the Federation of Uganda Football Associations, Article 68.
66
Kenya Sports Act No. 25 of 2013 (As amended, 2019), Section 55 (1).
67
The Uganda Super league V Federation of Uganda Football Association Limited. C.A.C.A No. 67 of 2015.
68
Ibid.
69
Ibid, pp. 7-8.
 27

At the apex of all sports dispute resolution bodies is the Court of Arbitration for Sports (CAS). In the
1980s, there was a sharp increase in international sports disputes yet there was no proper body to
handle such disputes within the sports realm. This prompted the ingenuity of the International
Olympic Committee President (IOC), Jan Antonio Samaranch to coin the idea of the CAS in 1981.
The idea and CAS Statutes were officially adopted by the IOC in 1983 thus making CAS operational.

In 1993, restructuring ensued pursuant to making CAS more independent from the IOC. This was
done following the guidance of the Swiss Federal Tribunal (the Supreme Court of Switzerland)
rendered in the judgment of the Elmar Gundel70 case. The international Council of Arbitration for
Sport (ICAS) was created. Its main role is to oversee the administration and financing of CAS. CAS
was broken into two divisions, the ordinary and appellate arbitration division.

Though CAS is the top most dispute resolution body in the sport world, a party to a matter determined
by CAS may further appeal against a CAS award to the Swiss Supreme Court as evidenced in the
Lazutina and Olga case.71 Applications for review or appeals against CAS decisions are allowed on
limited grounds and not on merits of a particular case 72. The grounds include, questions on
jurisdiction, procedural impropriety, award utra or infra petia (when the arbitral award rendered goes
beyond the claimed amount or if the award rendered failed to decide on an item in the claim) 73 and
public policy. 74

In a rare scenario, Claudia Pechstein further appealed a decision of the Swiss Supreme Court to the
Appeals Court of Munich (Germany Supreme Court).75 The Germany Supreme Court entertained the
appeal on grounds that the matter touched aspects of competition law which form part of German
public policy and that because the Court had jurisdiction over one of the parties.

(c) The Administrative Element

This element is concerned with ensuring good governance of sports organizations, proper
accountability for sports resources and lawfully or fair internal decision making in sports
organizations.

70
Elmar Gundel V Federation Equestre Internationale 4P. 217/1992 [1993].
71
Larissa Lazutina and Olga Danilova V CIO, CAS and FIS, Swiss Supreme Court, ATF 129 111 445, 2003.
72
Mitten, M., “Judicial review of Olympic and International Sports Arbitration Awards: Trends and Observations”, 10
(1) Perpperdine Dispute Resolution Law Journal, 2009, pp.51-67.
73
Societe Sportive X Istanbul V FIFA Brazilian Player, Brazilian Club, and TAS 4p269/2003 (2004).
74
Rogozzi, A., “Challenging Awards of the Court of Arbitration for Sport”, 1(1) Journal of International Dispute
Settlement, 2010, pp.217-265.
75
Deutsche Eusschenelllauf-Gemeinscfate and International Skating Union V Claudia Peschestein, Federal Court of
Justice KZR 6/15, June 2016.
 28

The aspects of good governance include following codes and international standards of corporate
governance in sports.76 Principles of sports governance are often generically referred to as “Good
Governance”.77 Accountability focuses on proper use of resources and fighting corruption. Sports
organizations are expected to make independent and partial decisions in a regularly and transparently.

(d) Sanctioning and Enforcement

The procedure for enforcement of international arbitral awards is equally available to sports arbitral
awards as stipulated under New York Convention on the Recognition and Enforcement of Arbitral
Awards of 1958. This mode is often suitable for CAS awards because they entail “international
aspects”.

The sports realm has extra mechanisms to ensure compliance with arbitral awards. These include
suspensions, relegation, fines, point reductions, granting free points or qualification to the team or
players not at fault and transfer bans denying teams at fault chance to buy players in a transfer
window(s).

The principle of sports autonomy is inclined to the ideology that, all sports matters can sufficiently be
handled inside the set-out sports structures and principles. These sports principles often vary from the
general principles of law. For example, the rule against discrimination has acquired the status of
international customary law, but sports permit a level of discrimination on grounds of gender as the
males and females play in separate competitions. Athletes are also further clustered on grounds of
disability and age. Another sharp contrast is transmission of liability, sports law allows a punishment
to be meted out onto the entire team if one player is found guilty of doping.

Based on the above, sport organizations and academics insist that the regime governing sports ought
to be sheltered with ample immunity from the general legal framework so as to preserve sports
autonomy.

2.4 Specificity of Sport

Specificity of sport maybe defined as the inherent characteristics of sport that make it (sport) peculiar
from other social or economic activities in the eyes of the law. 78 The sports industry is seen as unique
thus deserving a special legal regime.

76
Kajja, T., Sport and Corporate Governance in Uganda, LAP Lambert Academic Publishing, 2019, p.65.
77
Mrkonjic, M., A Review of Good Governance principles and Indicators in Sport, Strasbourg: International Centre for
Sports Studies and EPAS-Council of Europe, 2016, p.4.
78
European Commission Directorate-General or Education and Culture, Mapping and Analysis of Specificity of Sport,
European Commission, 2016, p 3.
 29

This concept was introduced into sports law by the ECJ as elucidated in the next paragraph. The
specificity of sport was later adopted by the EU vide the Nice Declaration on Sport.79 Its application
by the EU was sustained vide the Treaty Establishing the European Union. 80

In the Mantero case,81 the ECJ demonstrates how the uniqueness of sports that necessitates special
regulation approaches fits into the legal structures of a Regional Economic Community (REC).82 Such
specificities should be structured in good faith and limited to proper objectives. These peculiarities
should not breach the general laws, principles and objectives of the REC.

The Independent European Sport Review (IESR)83 sets out three pillars that constitute what is
blanketly referred to as “specificity of sport”. These are as follows;

(i) Regularity and proper functioning of competitions

This includes rules on limited windows to transfer players during or between playing seasons. This
touches aspects of free movement of labour. The segment also captures rules of fast and effective
dispute resolution. Ordinary Court systems are often not fast enough, this risks rendering sports
decisions nugatory. Sports systems set up dispute resolution mechanism, permanent or ad hoc. These
have the capacity to settle disputes that arise during an ongoing sports tournament.

This segment further includes rules geared towards anti-doping and financial fair play. This is
necessary to preserve the uncertainty of the results of sporting contests. This is the bedrock for
consumption of sports content. The result of a game ought to always remain uncertain before a game
is played to its completion.

This segment also captures “field of play rules” such as duration of games, codes of play, player ethics,
structures of leagues, season calendars, team composition, et cetera.

(ii) Sports integrity

The second segment entails rules relating to good governance of sports entities or clubs. This includes
rules of electing sports administrators. It also captures rules of club licensing and ownership.

79
Nice Declaration on Sport, 2000, Article 1.
80
Treaty Establishing the European Union, 2009, Article 165.
81
Donà v. Mantero C13/76 ECR (1976) 01333.
82
Ibid, paragraph 14-15.
83
Arnaut, L., Independent European Sport Review, UK Presidency of the EU 2005, 2006, p. 32.
 30

The segment also includes rules against corruption and abuse of resources in sport. This issue is
traceable amongst sports entities in the EAC as enumerated in the first and fourth chapters of this
dissertation.

(iii) Competitive balance between participants

This captures financial fair play rules that limit the ability of money to buy sports success. The rule
disables the financially wealthy team from contracting and paying all the best players in a game. This
rule has an effect on free movement of capital. This is a vital aspect in regional economic integration.

Other rules in this segment include those related to quotas for home-grown players and
commercialization of multiple rights in the sports industry.

Sports law, in purely sports interest sets out and keeps changing rules of the games so as to achieve
the three above pillars. This fluidity in sports law ought to always keep within the confines of the
generally agreed principles of law, principles and objectives in a particular jurisdiction which may be
a State or a REC. Only justifiable deviations maybe accepted so as to insulate the sanctity and integrity
of the games.

2.5 Definitions of Other Key Terms

(a) Sports, Games or Physical Activities

The terms “sports” and “games” are often used interchangeably. In fact, the Cambridge Advanced
Learners’ dictionary defines a “game” as an entertaining sport.84 And defines “sport” as a game
needing physical effort and skill which is played according to certain rules. 85 Thus the two words are
synonymous.

The above notwithstanding, some scholars have gone ahead to find differentiate between the two
terms. Attempts to define the two often end up with list of characteristics of each. Roberts et al
describe games as recreational activities characterized by organized play, with agreed upon rules
competition between two or more sides and with a criteria for determining the winner. 86 While Loy
and Coakley describe sport as an embodied, structured, goal-oriented, competitive, contest-based,
ludic, physical activity. 87

84
Cambridge University, Cambridge Advanced Learner’s Dictionary (3 rd Ed), Cambridge University Press, 2008, p.
590.
85
Id, p. 1399.
86
Roberts, M., et al, “Games in Culture”, American Anthropologist, 1959, 61 (4), pp. 597–605.
87
Loy W., and Coakley, J., “Sport.” in George Ritzer (ed), The Blackwell Encyclopedia of Sociology, Oxford: Blackwell
Publishing, 2007.
 31

The Rwandan law governing sports defines “games” as activities whose purpose is primarily
recreational in accordance with governing rules. 88 The law further defines “sport” to be any physical
and mental activity carried out in the spirit of competition and in respect of set of governing rules. 89

It is easy to identify that both the terms sport and games have more commonalities than differences.
Prime of which being “physical activity”. Burundi’s Law on promotion of sport defines a “physical
activity” as any practice of physical exercise which makes one think of energy, contributing to better
formation and constitution of the body. 90

The researcher is persuaded that terms “sport” and “games” substantially bare a similar meaning. For
the purposes of this study, the terms “sport” and “games” are used synonymously.

(b) Sports Agent/Intermediary

Black’s Law dictionary defines an agent as one who is authorised to act for, on behalf or in place of
another.91 In football law, the term “agent” was substituted with the term “intermediary”. The FIFA
Code of Ethics a natural or legal person who, for a fee or free of charge, represents players and/or
clubs in negotiations with a view to concluding an employment contract or represents clubs in
negotiations with a view to concluding a transfer agreement.92

For any sports agent/intermediary to regularly operate in any sports discipline, he or she must be
lawfully licensed in accordance with the statutes of the subject sports discipline. For example, for one
to validly operate as a football intermediary, he or she must be licensed to operate by his or her national
football governing body.

Though the words “sports agent” and “sports intermediary” are synonymous in sports law, the term
“sports agent” is preferred in this dissertation because it is employed by most sports disciplines.

(c) Sports Scholar

A scholar is defined as a person who studies a given subject in great detail. 93 Thus in the sports realm,
a sports scholar is one who deeply studies sports. This is the definition adopted for this study.

88
Law Nº 32/2017 of 2017, Article 3.
89
Ibid, Article 12.
90
Law No. 1/27 of 2019, Article 2.
91
Garner, A., Black’s law Dictionary (10th Ed), Thomson Reuters, 2009, p. 75.
92
FIFA Code of Ethics, 2020, p. 7.
93
Cambridge University, Cambridge Advanced Learner’s Dictionary (3 rd Ed), Cambridge University Press, 2008, p.
1273.
 32

2.6 Protocols and International Relations

The Vienna Convention on the Law of Treaties defines a Treaty as a written agreement between States
that is governed by international law which may be in a single instrument or a series of related
instruments. Shaw94 describes a Treaty as a legal instrument created by way of written agreement
where the participating States legally bind themselves to act in a particular manner or to set up
particular relations between the participating States. Treaties are regarded as sources of international
law.95

The Black’s Law Dictionary defines a Protocol as a Treaty amending or supplementing another
Treaty. 96 For example, the Treaty for the Establishment of the East African Community97 is the
founding Treaty of the EAC. It is the equivalence of a Constitution in a Republic. The founding Treaty,
may not lay out all the details that necessitate the effective and progressive relations between States
that often change with time. This is why States make additional Protocols to amend or supplement the
mother Treaties such as the EAC Customs Union Protocol. 98

This study argues that the EAC ought to tailor a specific Protocol on sport to supplement the EAC
Treaty that generally provides for sport without providing crucial further details on sports
development.99 As analysed in part 2.7 of this chapter (on Regional Economic Integration and Sports),
for States that prefer soft relations or mere cooperation, policies are preferred. For States that opt for
deeper regional integration such as the EAC Partner States, Protocols are preferred.

2.7 Regional Economic Integration and Sports

Professor Balassa100 opines that economic integration is a process or a state of affairs. Economic
integration entails measures designed to remove discrimination amongst or between economic units
or economies of different States.101 Economic integration then graduates into a state of affairs once
integration has been achieved and the different forms of discrimination between economies of
different States have been extinguished.102

94
Shaw, M., International law (6th Ed), Cambridge: Cambridge University Press, 2008, p. 93.
95
Statute of the International Court of Justice, Article 38(1) (a).
96
Garner, A., Black’s law Dictionary (10th Ed), Thomson Reuters, 2009, p. 1419.
97
Treaty for the Establishment of the East African Community, 1999.
98
Protocol on the Establishment of the East African Community Customs Union, 2004.
99
Treaty for the Establishment of the East African Community, 1999, Article 119.
100
Balassa, B., The Theory of Economic Integration, New York: Routledge, 2011, p. 1.
101
Ibid.
102
Ibid.
 33

Kimbugwe et al103, describe regional integration as an arrangement where States come together with
the objective of removing barriers to trade so as to spur development and enhance the welfare of the
natives in the region.

Regional integration can qualify both as a process or a product.104 Integration as a process is that
which is aimed at the attainment of a “sense of community” amongst a population in different
countries. It may also be a product where two different independent economic units unite into a single
bigger unit.

In EAC sports terms, this alludes to creating a single sports economy that encompasses all the Partner
States. Instead of each Partner State such as Burundi or South Sudan struggling in solace to set up
sports infrastructure for all sports disciplines, anchor for funds and other efforts geared towards
achieving sports development, the EAC Partner States do so in unison and harmony.

Integration is distinct from mere cooperation. Integration is much deeper. Professor Balassa 105
concludes that the difference is of both a qualitative and a quantitative nature. Cooperation entails
measures to only lessen discrimination while integration is geared towards extinguishing all forms of
discrimination. Cooperation may be designed to temporary spells while integration is intended to be
permanent.

A Regional Economic Community (REC) does not possess general regulatory competence. A REC is
only competent to exercise powers ordained to the REC via the subject Treaties of Protocols. This is
referred to as the “conferral principle” in regional integration. Under the EAC Treaty, this is traceable
under Article 4(2). This provides that the EAC is empowered to perform functions conferred onto it
by the Treaty and all other ancillary things necessary for the EAC to execute her functions such as
borrowing.

In the case of the EU, the European Community Treaty was silent on sports. Nonetheless, ECJ
qualified sports as an economic activity that falls within the scope of the European Community
Treaty. 106 But upon the coming into force of the Lisbon Treaty on 1 st December 2009, the EU was
expressly conferred with jurisdiction over sports.

103
Kimbugwe, K., et al., Economic Development Through Regional Trade, A Role for the New East African
Community?, London: Palgrave MacMillan, 2012 p. 11.
104
Laursen, F., Comparative Regional Integration, Surrey: Ashgate Publishing Limited, 2003, p.4.
105
Balassa, B., 2011, p. 2.
106
Walrave V Koch, case 36/74 [1974] ECR 1405.
 34

For the case of the EAC, Article of the 119 (a) and (b) of the EAC Treaty give the EAC ample
competence to the EAC to deal with matters of sports promotion. But the provisions of a Treaty can
be hardly exhaustive on singular matters such as sports. Such matters have their technicalities that
require specific attention. The practice is that, RECs go ahead to draw Protocols to handle such
matters. For example, Southern Africa Development Community (SADC) went ahead to promulgate
a Protocol on Culture, Information and Sports.107 It is through such Protocols that a REC can
exhaustively regulate an item in ample detail.

2.8.1 Regional Integration Stages

Regional Economic Integration may take six stages. These are broken down by Kyambalesa and
Houngnikpo108 as explained below;

First is a Preferential Trade Area (PTA). The PTA involves Partner States scaling down certain
barriers to trade in specific trade areas such as agriculture. This doesn’t cover all economic areas of
the integrating States.

Second is the Free Trade Area (FTA). This usually entails the removal of all barriers to trade among
Partner States. This covers all areas of trade.

The third is a Customs Union (CU). At this stage, in addition to the FTA, Partner States fix a common
external tariff for all goods entering the REC. This essentially combats the vice of dumping in the
REC.

A Common Market (CM) is the fourth. At this stage, in addition to the above, Partner States remove
all barriers to free movement of people, labour and all factors of production. The CM also comes with
the right of establishment and the right of residence. These accrue to all citizens in the integrating
REC.

Economic Union (E_U) is the fifth stage. This is at times bound by sixth stage of a Monetary Union
(MU). The main element of the E_U, in addition to the above, the partner States join their economic
institutions and harmonise their fiscal.

107
East African Community Protocol on Culture, Information and Sports, 2001.
108
Kyambalesa, H., and Houngnikpo, M., Economic Integration and Development in Africa, Hampshire: Ashgate
Publishing Company, 2006, p. 1.
 35

Monetary Union (MU) is the sixth and final stage of Economic Integration. At this stage, the Partner
States, in addition to the above, adopt a common currency and form a supranational central bank. This
cuts out the challenge of losing monetary value through currency conversion in a REC.

The last two stages are at times bound into one and generally referred to as a Monetary Union.

Zakharova and Melnik 109 opine that RECs that achieve a “Common Market” as a level of integration
affects the sports industry the most. The Common Market is the most significant level of Economic
Integration to the sports industry. The Common Market removes restrictions on free movement of
persons and labour within the subject REC. Thus, athletes and different persons in the sports industry
can easily export talent and explore sports facilities in the REC. It also provides for the right of
residence. This allows nationals of the Partner States to stay in any Partnering States with limited or
no restrictions.

The Common Market also operationalizes the right of establishment and freedom of movement of
capital across the REC. This enables sports investors to setup sports clubs or manufacture and sale
sports merchandise and equipment across the region freely.

The EAC achieved the Common Market level in 2010. The Provision of the EAC Treaty and the
Common Market Protocol expressly provide for the freedom of movement of persons, labour, goods,
the right of establishment and the right of residence. These shall be further discussed in the third
chapter.

2.9 Sports and Regional Socio-Economic Development

2.9.1 The Right to Development
The Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic Social and Cultural Rights
(ICESCR) constitute the International Bill of Rights.110 The rights under the ICESCR are also referred
to as second generation rights. Nonetheless, all human rights are interdependent and indivisible. 111

The economic and social rights stipulated under the ICESCR are the most pertinent to this study.
Economic rights entail guarantees to the participation economy of a community and safe employment

109
Zakharova, I.L. and Melnik, E. T., “Some Reflections on regulating Professional Sports in Integration Associations:
A Sphere of Autonomy or an Object of the Union Law Regulation”, 26, Comparative Law Review, 2020, pp.281-310.
110
Engh, I. E, Developing Capacity to Realise Socio-Economic Rights, Antwerp: Intersentia, 2008, p.18.
111
Alston, P. and Goodman, R., International Human Rights, Oxford: Oxford University Press, 2013, p. 310.
 36

related rights.112 Social rights include; family rights, general living conditions such as health and
related rights.113

Socio-economic rights are often neglected systematically by States through according insufficient
resources in State budgetary and policy frameworks. 114 The common justification given for allocating
limited resources to the realisation of the socio-economic rights is the relative non-availability of
resources.115 This is more chronic in developing countries 116, a status that currently engulfs all EAC
Partner States.

The approach adopted towards the realisation of socio-economic rights is referred to as “progressive
realization or development”.117 The obligation on States to ensure that their citizens fully enjoy socio-
economic rights is dependent on the resources available to the subject State. Thus the duty of a State
to avail sport facilities to its citizens so as to enable the citizens to develop their sports talents for
economic gain is contingent on whether the subject State has the necessary resources to do so.

2.9.2 Regional Socio-economic Development

“Socio” is simply a prefix that relates to reference to society. Simply put, “Socio-economic” relates
to the economics of a society.118 The term “Development” means gradual growth that makes
something more advanced or stronger.119 This study demonstrates how regional EAC legal instrument
on sports will nurture sports into a vehicle for socio-economic development in the East African region.

Regional economic development may be perceived as a process or a product. 120 The regional
development process ultimately leads to regional development as a product measurable in specified
time frames. The indicators of regional development as a product include measuring jobs created,
levels of investment attracted, amount of wealth created, the general standards of living, working

112
Coomans, F., Economic Social and Cultural Rights, Utrceht: Netherland Institute of Human Rights, 1995, p.3.
113
Riedel, E., Giancca, G. and Golay C., Economic Social and Cultural Rights in International Law, Oxford: Oxford
University Press, 2016, p.9.
114
Bilchitz, D., Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights, Oxford:
Oxford University Press, 2007, p.1.
115
Alston, P. and Goodman, R., 2013, p. 316.
116
Ibid.
117
Steiner, H., Alston, P. and Goodman, R., International Human Rights in Context (3rd Ed), Oxford: Oxford University
Press, 2007, pp. 294-295.
118
Oxford University, Oxford Advanced Learner’s Dictionary, international Students edition (9th Ed), Oxford: Oxford
University Press, 2015, p. 1434.
119
Id, p.409.
120
Bojanic, I. K., Kiss, T. and Marosevic, K., “Regional Development in the Republic of Croatia and Hungary: Current
Situation and Future perspective”, in Zupan, M. and Drinoczi, T., Law – regions – Development, university of Pecs and
Strossmayer University of Osijek, 2013, pp. 101-102.
 37

conditions of people in the subject industry. A cognizable or unit improvement in these

aforementioned indicators reflects regional economic development.121

Regional development may also be perceived quantitatively or qualitatively. 122 The quantitative aims
at detecting the increase or decrease in the fore mentioned indicators. The indicators include access to
goods and services, prosperity and levels of income, levels of employment and participation in
business and financial security. 123 The qualitative approach focuses on creating social equality,
creating wide employment opportunities, providing accessible capital, positive impact on standards
of living and achieving sustainable development at the indicators of regional development.124

Gâsquez and Royuela125 study the relationship between sports and development. They summarise the
findings of Lucas126 and Barro127 and conclude that there are two major variables used in determining
economic development. These are; technical progress and human capital. Gâsquez and Royuela add
that these are directly applicable to sports. Sport is deemed to have midwifed economic growth if it
has positive impact on human capital and has sired technical progress.

There is need to strike a balance between the economic and social benefits of sports. Solely focusing
on achieving the economic benefits of sports is potentially injurious to the social facets that benefit
from sports such as refugee integration into host communities. Excessive commercialisation of sport
erects a danger to the social benefits of sports.128 An example of this is the recent attempt to create the
European super league which angered football fans and even sparked off protests.129 The European
super league aimed at paying off the biggest football teams in Europe into a league where the biggest
teams would never be relegated yet the rest of the teams would get relegated irrespective of
meritorious game results.130 Such extreme financial stunts have the potential to extinguish the social

121
Bojanic, I. K., Kiss, T. and Marosevic, K., 2013, 102.
122
Sough, R. Stimson, R. and Nijkamp, P., “An Endogenous Perspective on Regional Development and Growth”, in
Kourtit, K., et al, (eds), Drivers of Innovation, Entrepreneurship and regional Dynamics, Advances in Spatial Science,
Springer, 2011, pp. 3-20.
123
Ibid.
124
Sough, R. Stimson, R. and Nijkamp, P., 2011, p.19.
125
Gâsquez, R. and Royuela, V., “Is Football an Indicator of Development at the International Level?”, 117(3) Social
Indicators Research , 2014, pp. 827-848.
126
Lucas, R., “On the mechanics of economic development”, Journal of Monetary Economics, 1988, pp. 3-22.
127
Barro, R., “Economic growth in a cross section of countries”, Quarterly Journal of Economics, 106(2), 1991, 407-
443.
128
European Commission, Development and Prospects for Community Activity in the Field of Sport, European
Commission, 2009, p.2.
129
Taylor, L., “Chelsea fans protest against Super League as supporters unite in anger”, The Guardian, 20th/04/2021,
available at https://www.guardain.com/football/2021/apr/20/chelsea-fans-protest-against-super-lague-as-supporters-unti-
in-anger (accessed on 6th/05/2021).
130
Ibid.
 38

benefits such as good health that equally benefit societies. In the EU, the ECJ took judicial notice of
the social benefits of sports131 and in 2008, the EU further created a Football Social Dialogue
Committee.132

2.10 Regional Approaches to Sports

This segment briefly captures how two Regional Economic Communities (RECs) are dealing with
sports. These RECs are the European Union (EU) and the Southern Africa Development Community
(SADC).

2.10.1 The European Union

2.10.1.1 Historical Development
Cuyvers133 highlights the history of the EU. The EU began as a European Coal and Steal Community
in 1952 vide the Schuman Declaration with six Partner States. The then target was to suppress any
possibility of having another world war as the steel and coal used to produce weapons were being
safeguarded. The European Coal and Steal Community evolved into the European Atomic Agency
and European Economic Community in 1957. The Union faced political challenges in the 1960s, these
were resolved through the Luxemburg accords in 1996 as members were given veto powers to object
to certain matters. The European Act of 1986 modified decisions making to a majority vote to avoid
challenges caused by a single State wielding veto powers. In 1992, the Maastricht Treaty widen the
objectives of the EU. This was followed by the Treaty of Amsterdam of 1997 and the Treaty of Nice
of 2001. The Lisbon Treaty of 2009 is the latest Treaty binding the EU Member States.

From its establishment, the EU never expressly provided for sports. Nonetheless, in the Walrave
case134, the European Court of Justice (ECJ) concluded that sports activities amounted to economic
activities that are under the jurisdiction of the EU. In the later Bosman case135, the ECJ further guided
that sports had peculiar aspects that needed specific attention.

The above notwithstanding, a REC does not possess general regulatory competence over every aspect
or sector of the Partner States. A REC is only competent to exercise powers ordained to the REC via
the relevant Treaties or Protocols. This is referred to as the “conferral principle” in regional integration

131
Union Royale Belge Sociétés de Football Association and others v. Bosman [1995] ECR I-4291, Para. 106. Case C-
415/93.
132
European Commission, Sectoral Social Dialogue - Employment, Social Affairs & Inclusion, European Commission,
available at http://ec.europa.eu/social/main.jsp?catid=480&intPageld=1848&langld=en (accessed on 2 nd/05/2021).
133
Cuyvers, A., “The Road to European Integration”, in East African Community Law Institutional, Substantive and
Comparative EU Aspects, Ugirashebuja, E., et al. (eds), Brill Nijhoff: Boston, 2017, pp. 22-25.
134
Walrave V Koch, case 36/74 [1974] ECR 1405
135
Union Royale Belge des Societes de Football association and others V Jean-Marc Bosman [1995] ECR 1-4921.
 39

as discussed in part 2.7 of this chapter. Parrish136 underscores these challenges and notes that the lack
of an outright EU Treaty provision on sport, challenged the competence of EU to regulate sport.
Nonetheless, the (ECJ) made efforts to ensure that sporting activities do not contradict any standing
EU Treaty provision.

EU elected to have a clear approach towards sports in 1975. This was through the “All European
Declaration on Sport” by the European Sports Ministers Conference in Brussels, 1975. The concerted
ministerial efforts kick started a deliberate EU approach towards sports. The declaration on sport was
annexed to the EU Treaty of Amsterdam137 recognizing the unique social benefits of sports.

2.10.1.2 The Helsinki Report and the Nice Declaration on Sport

In 1998, the European Council invited the European Council to submit a report on sports and the EU.
The European Council then started holding consultations with EU sports stakeholders. These included
EU sports institutions, sports federations, the Olympic movement, the media, personnel operating or
investing in the sports industry, fans, governments of EU Partner States, sports communities and the
like. The European Council also hosted the European Union Conference on Sport to climax the
consultations.

The European Council then compiled the Helsinki Report on Sport 138 and presented the same before
the European Commission on 10/12/1999. The European Commission adopted the report. The report
highlights the global might of sport and the economic dimension of sport. The report also highlights,
the need to clarify the legal dimensions of sport, the social and educational benefits of sport and the
need to combat doping in sport.

Following the adoption of the Helsinki report, the EU passed the Nice Declaration on Sport (NDS) in
2000. The NDS was informed by the Helsinki report. The NDS was not a binding legal document, it
is merely directory. It is also pertinent to note that the NDS is no longer in force. The NDS’s role was
to guide EU Partner States in formulating common sports policies that equally promote and preserve
the social benefits of sports amidst the increasing commercialization of sports. The NDS laid down
the fundamental aim of achieving sports for all, the roles of sports federations, talent search and
development, maintaining fair competition in the sports industry and developing the sports transfer
systems.

136
Parrish, R., Sports Law and Policy in the European Union, Manchester: Manchester University press 2003, p.15.
137
European Union Treaty of Amsterdam, 1997.
138
Helsinki Report on Sport, 1991.
 40

2.10.1.3 Education through Sport

In 2003, the European Parliament and the Council of the EU established the European Year of
Education through Sport, 2004 (EYES).139 This is still in force to date. The EYES calls upon sports
organizations and academic institutions to cooperate so as to develop education in the REC through
sports.140 Sports convey the values such as teamwork, tolerance, fair play, solidarity et cetera that are
beneficial, especially young people in a learning environment.141

The EU Partner Sates undertakes funding meetings, events, and disseminating information on benefits
of sports.142 EU Member States designate bodies to coordinate and implement measures adopted while
the European Commission is responsible for overseeing and implementing the said activities at
regional level. 143 States that are not part of the EU may also be allowed to participate in the events. 144

2.10.1.4 The EU White Paper on Sport and the Lisbon Treaty

In 2007, the European Commission adopted the EU White Paper on Sport (WPS). The WPS
acknowledges that sport is an ever growing social and economic phenomenon that needs to be
addressed comprehensively. 145

The WPS notes that sports have the ability to bring communities together. This comes with societal
benefits that include public health enhancement. Sports cut the risk of cardio-vascular diseases,
obesity, diabetes et cetera. Such unhealthy conditions often impair lives and take a toll on health
budgets. These ailments can be greatly be reduced through regular sports activities.

The WPS calls for combating doping in unison through fighting drug trafficking and discouraging the
use of (World Anti-Doping Agency) WADA prohibited substances. This promotes fairness in sports,
protects sports integrity and also protects athletes from the dangers of doping.

Benefits of education through sports are reiterated by the WPS as discussed in part 2.10.1.3 of this
chapter. Other sports benefits highlighted by the WPS include social cohesion and integration,
creating equal opportunities for persons with disabilities and women, fighting racism, combating
violence, bettering EU’s international image, improving external relations and facilitating sustainable
development.

139
Decision No. 291/2003/EC.
140
European Year of Education through Sport, 2004, Article 2 (a).
141
European Year of Education through Sport, 2004, Article 2 (b).
142
Ibid, Article 3.
143
Ibid, Article 4.
144
Ibid, Article 9.
145
EU White Paper on Sport, p.2.
 41

Pertinent sports questions are also tackled by the WPS. These include the question of specificity of
sports in EU Law, formulating sports policies based on credible data, free movement of athletes and
sport transfer markets, sports agencies, financial integrity and proper use of sports resources, sports
and media, protecting minors in sports and the aspect of club licensing.

The WPS encourages EU Member States to regularly dialogue with stakeholders and cooperate
pursuant to ensuring proper regulation and sustainable development of the sports industry.

Following the WPS, sections of stakeholders in the EU sport industry started proposals to have a
Protocol specifically designed for sport in the EU.146 The move was received skeptically and with
opposition.

On 1st December 2009, the EU Lisbon Treaty came into force. The Lisbon Treaty expressly conferred
onto the EU competence to handle sports matters147 a move that was welcomed by many stakeholders
in the EU sport industry such as the Union of European Football Associations (UEFA).148

The Lisbon Treaty’s influence on sport has been often described as trivial. 149 This is because, the
provisions were drawn with vivid caution. The EU States did not fully secede their jurisdiction over
sports matters. Under the EAC Treaty150, this approach could be fitted into the principle of
subsidiarity. The principle of subsidiarity encourages multi-level participation for multiple
participants or stakeholders in the economic integration process. Decision making ought to be initiated
at the lowest level or Government structures of the Partner States dressed with ample competence to
handle the subject matter.151 For example, in the sports world, the principle of subsidiarity may
necessitate the input of local governments at district level, then input at in-States regional or state or
provincial level. The matters may then be graduated to national level before they ultimately reach the
EAC level.

146
Parrish, R., Sports law and policy in the European Union, 2018, Manchester: Manchester University Press, p 213.
147
The Lisbon Treaty, Article 165.
148
EUFA, “EUFA’s position on Article 165 of the Lisbon Treaty, EUFA”, 2009, available on
https://www.google.com/url?sa=t&source=web&crt=j&url=https://www.eufa.com/MultimediaFiles/Download/uefaorg/
EurpeanUnion/01/57/91/67_Download.pdf&ved=2ahUKEwjgtz8-
rnwAhWhoXEKWLFAUkQFjAAegQIAxAC&usg=AOvVaw0xDK15fRGm5LwkO5BFDHsf (accessed on
8th/05/2021).
149
Weatherill, S., “EU Sports Law: the effect of the Lisbon Treaty”, in Biondi, A., Eeckhout, P., and Ripley, S., (eds)
EU Law After Lisbon, Oxford: Oxford University Press, 2012, pp. 403-409.
150
EAC Treaty, Article 17 (1) (d).
151
Protas, P. and Romward T., “Reflections on the ‘People Centered Principle’ in the East Africa Community: the
Current Legal Controversy”, 42 (2), Eastern Africa Law Review, 2015, pp1-17.
 42

The Parliamentary Assembly of the Council of Europe passed Resolution 1602 in 2008. This was
aimed at safeguarding autonomy of sports bodies. It stipulated that sports bodies ought to remain
independent and supported without compromising their autonomy. The Committee of Ministers of the
Council of Europe also adopted Resolution CM/Rec 3 (2011) to further demonstrate EU’s support of
the autonomous nature of sports organizations.

The EU went further to promulgate different legal instrument to handle unique questions that are
posed by the fast-evolving sports industry. These include the EU Convention on the Manipulation of
Sports Competitions, 2014 (Maclin Convention). This is aimed at maintaining the integrity of sports.
It encourages the criminalization of match fixing and illegal betting.

The EU Anti-Doping Convention of 1989 is another instrument protecting the EU sports industry.
This is employed in the suppression of the use of prohibited substances to enhance sports performance.
This instrument also aids in the preservation of sports integrity. And protects the health of athletes.

In order to guarantee secure and safe environments during sports events, the EU further promulgated
the “Convention on Integrated Safety, Security and Service Approach at Football Matches and Other
Sports Events, 2016”. This aids in tackling of concerns that may jeopardize the safety or security of
fans, athletes, games officials and communities hosting sports events, before, during and after the
events.

EU law is not tailored to compete with the internal sport laws and regulations. EU law on sport merely
provides the general guidance and permits conditional autonomy. 152 Specific sport concerns are left
to be handled by the protected sports laws often from the sports bodies. As long they said sports laws
do not unjustifiably conflict with EU law and principles.

2.10.2 Southern Africa Development Community (SADC)

2.10.2.1 Historical Development
SADC started in 1974 as a group of post-colonial African leaders under the umbrella of Frontline
States (FLS). 153 FLS’s main objective was initially to fight for independence of States in Southern
Africa that were still under colonial rule and the apartheid regime in South Africa. 154 In May 1979,
the FLS foreign ministers convened a meeting in Gaborone, Botswana to launch a discussion on
economic cooperation. A follow-up conference meeting was held in July 1979, in Arusha, Tanzania

152
Weatherill, S., 2012, p. 410.
153
Hwang, K., “The Historical Evolution of SADC(C) and Regionalism in Southern Africa”, 10 (1), International Area
Review Journal, 2007, pp.56-73, available at http://ias.sagepub.com/content/10/1/55 (Accessed on 7th/02/2021.)
154
Ibid, p. 44.
 43

where deliberations on regional economic cooperation and structures were proposed. On 1st April
1980, the FLS was transformed into the Southern African Development Coordination Conference
(SADCC).

With the aim of fostering economic integration, the Partner States convened in Windhoek, Namibia
on 17/08/1992. The head of States signed the Treaty of the Southern African Development
Community, 1992 (as amended in 2015) (SADC Treaty). This transformed the "SADCC" from a
coordination conference into the Southern African Development Community (SADC).

2.10.2.2 The SADC Protocol on Culture, Information and Sport

The SADC Treaty does not expressly mention sports as an area of cooperation or integration.
Nonetheless, the Partner States undertook to cooperate so as to improve the social welfare of the
people in the REC155, to cause social development156, and also cooperate in areas of industry and
investment157. The SADC Treaty also allows the Partner States to make additional areas of
cooperation.158

Through the above provisions, SADC enacted the SADC Protocol on Culture, Information and Sport
(SPCIS) in 2001.159 The SPCIS entered into force on 7th/01/2001. The protocol gives SADC the
competence to deal with sports as a REC. Though the Protocol doesn’t focus on sports solely, it has
provisions regulating sports in the REC. These provisions are analysed below.

Under the Protocol, Partner States aim at sports development through pooling resources such as
expertise and infrastructure, enhancing regional identity through sport and disseminating information
transparently. 160 The States believe that doing the above will enhance development in the REC.

The Partner States undertake to harmonise their policies on sports development, collaborate in sports
training and sports related research, jointly mobilise and utilise resources for sport development,
jointly produce and exchange sports equipment and data, integrate people in the region through sport,
observe gender equality in sports spaces and also create room for persons with disabilities to enjoy
their right to play and sports related benefits. 161

155
Treaty of the Southern African Development Community, 1992, Article 21 (3) (g).
156
Ibid (d).
157
Ibid (c).
158
Ibid, Article 21(4).
159
SADC Protocol on Culture, Information and Sport, 2001.
160
Ibid, Article 2.
161
Ibid, Article 3.
 44

The Partner States are committed to having regular regional games across the different sports
disciplines.162 The SADC States are further committed towards having talent development centres
across the REC that are to be jointly funded by the States.163 The States undertake to set up academies
to detect and nurture grassroots sports talent. 164 Sports centres of excellence are then to be set to
sharpen the talents of outstanding athletes. 165 The Partner States also created room for the private
sector to freely invest in the sports industry.166 One of such avenues created for private investors is
the production of quality sports equipment with the aid of regional stimulus packages for
investment.167

Though SADC enacted Protocol on Culture, Information and Sport close to two decades ago, the
Protocol provisions are yet to be implemented largely because the Protocol is not yet in force. States
continue to handle sports matters independently with South Africa comfortably being the hegemonic
State in the sports industry and also having by far the biggest share of sports success.

It is pertinent for the EAC to appreciate the challenges hindering the implementation of the SADC
Protocol on Culture, Information and Sport (SPCIS). This will enable the EAC learn from the
identified bottlenecks and avoid the same.

Lack of political will and attention towards implementing the SPCIS tops the challenges hampering
the implementation of the SPCIS. Political will is often awoken by strategic lobbying and using data
to demonstrate sports benefits such as jobs and wealth creation. Such data attracts political action as
the politicians expect to earn political millage through taking credit from the later accruing benefits.
Thus, the omission of sports administrators and researchers in not demonstrating to the politicians the
benefits of sport are partly accountable for the abeyance of the SPCIS.

The abeyance of the SADC Tribunal has also facilitated the continued disregard sports related
obligations. The SADC Tribunal operations stalled following its decision in the Campbell case.168 In
the aforementioned case, the SADC Tribunal ruled against Zimbabwe for expropriating private land
without compensation. This was at the dismay of the SADC heads of State. As a result, in 2011 during
the extraordinary summit, the heads of State suspended the operations of the tribunal. A Protocol

162
SADC Protocol on Culture, Information and Sport, 2001, Article 26.
163
Ibid, Article 27.
164
Ibid, Article 29.
165
Ibid, Article 28.
166
Ibid, Article 6(2).
167
Ibid, Article 30.
168
Mike Campbell (Pvt) LTD and Others v. Zimbabwe, Case No. SADC (T) 2/2007, Main Decision of 28 November
2008 (Case no. 2 of 2007).
 45

establishing a new tribunal has been enacted but has not been ratified. 169 Access to justice in SADC
has since remained in limbo. Though the provision of SPCIS in favour of sport development are
justiciable, the same can’t be enforced against the Partner States as abandoned obligations because
there is no judicial organ in SADC to render such justice or give further guidance on the same.

2.11 Conclusion
This chapter has broken down the technical aspects of the sports law phenomenon and how sports
development directly feeds into socioeconomic development at regional level. The chapter has also
demonstrated the different stages of economic integration and how economic integration relates with
the sports industry. The chapter further offers the RECs of EU and SADC as good benchmarks for the
EAC to learn from on how RECs ought to approach sports as an aspect of regional integration. The
EU offers lessons to a success story while SADC highlights several foreseeable challenges.
Nonetheless, lessons from both RECs are equally important to the EAC.

169
International Justice Resource Centre, “Southern African Development Community Tribunal”, available at
athttps://ijrcenter.org/regional-communities/southern-african-development-community-tribunal/ (accessed on
9th/02/2021).
 46

CHAPTER THREE
LEGAL, POLICY AND INSTITUTIONAL FRAMEWORK GOVERNING SPORTS LAW
IN EAST AFRICA

3.1 Introduction
Under this chapter, the researcher breaks down the laws that govern sports and the institutions
responsible for sports and sports development. The chapter captures the international, regional, sub-
regional and national laws and institutions.

3.2 International Legal and Institutional Framework

The international framework captures the institutions and legal instruments that govern sports at the
global stage.

3.2.1 The Olympic Charter, 2020 (OC)

The OC is an international instrument that governs relations between the International Olympic
Committee (IOC), International Sports Federations (ISFs) such as FIFA, National Olympic
Committees (NOCs) such as the Burundi National Olympic Committee and the Organising
Committees for the Olympic Games. All these bodies are required to act in consonance with the OC.
Below are the major provisions of the OC that are relevant to this study.

The Olympic goal is to use sport to achieve harmonious development of humankind. 170 This is an
endorsement of the causal link between sports and development. The Olympic principles also
emphasize that sport is a human right that ought to be enjoyed by all. 171 It encourages the creation of
opportunities for every individual to play sports. Olympic principles further advocate for the
application of political neutrality, preserving of sports autonomy and guard against interference in
sport by third parties.172 This underscores the fact that sport ought to be for all without any
unjustifiable discrimination or interference.

The OC provides that the International Olympic Committee (IOC), the International Sports
Federations (ISFs) together with the National Olympic Committees (NOCs) at national level such as
the South Sudan National Olympic Committee, constitute the Olympic Movement. 173 The OC, goes
ahead to provide that any persons or organisations which are part of the Olympic Movement are bound

170
The Olympic Charter, 2020, Principle 2.
171
Ibid, Principle 4.
172
Ibid, Principle 5.
173
Ibid, Rule 1.
 47

by the OC. This captures all NOCs, sports administrators and athletes. 174 Thus any violation of the
OC by any of the aforementioned bodies or their agents is a breach of sports law that is punishable by
sanctions enforceable inside and outside the sports realm. Sports bodies in EAC are equally captured
in this legal framework.

According to Rule 2 of the OC, the IOC is mandated to support the development of sport and
cooperating with private and public organisations or authorities to see to it that sport serves
communities. The IOC is also obliged to fight against corruption and doping in sport. The IOC is
further mandated to support efforts geared towards providing social security for athletes. All the six
EAC Partner States are also IOC Member States. Thus, the IOC has a duty to extend the above
functions to the EAC Partner States.

Under the bye-law to Rule 2, the IOC may support regional sports competitions. This is an open
window for the EAC to organise regional structures and competitions that could be funded by the
IOC.

3.2.1.2 Olympic Solidarity

The OC stipulates that the main aim of the Olympic solidarity to assist NOCs in detecting, nurturing
and developing sports talents and providing the necessary technical assistance. 175 The forms of
assistance to the NOCs are particularised under the bye-law to Rule 5 and the relevant ones are as
below.

Under the Olympic solidarity, the IOC makes effort to support the development programmes of the
NOCs at national level. Such support includes training of professional sports administrators, coaches,
athletes and development of sports facilities. The OC also makes it incumbent on NOCs and
international sports federations to ensure development of grass-root sports in their particular
jurisdictions. NOCs in the EAC are the avenues through which the above support programmes are
extended to the EAC Partner States.

Under the bye-law to Rule 5, the Olympic Solidarity makes an undertaking to improve the technical
knowledge of coaches and athletes, training sports administrators, creating economical sports
facilities, urging governments to support sports development, encouraging cooperation among NOCs
and supporting sports competitions at regional level.

174
The Olympic Charter, 2020, Rule 1(4)
175
Ibid, Rule 5.
 48

Rule 24 (2) stipulates that IOC resources are to be directed towards supporting NOCs and athletes.
Between 2017 and 2020, the Olympic Solidarity (OS) programs benefited more than 25,000 athletes
and funded at least 135000 activities at NOCs. 176 These activities included awarding 3,000
scholarships to athletes and 1600 courses that trained sports administrators and coaches. The OS also
supported the development 8500 sports coaches through the member NOCs.177

The OS budget for 2021-2024 has already been drawn. 178 This includes United States Dollars (USD)
258,270,000 for the development of world sports programmes, USD 2,221,000,000 allocated to
specific sports programmes at continental level and USD 70,500,000 to support NOCs that will
participate in the Youth Olympic Games and the major Olympic games. 179

3.2.1.3 Role of the IFs and NOCs

Rule 26(1.2) also makes it incumbent on IFs such as the International Netball Federation to ensure
global sports development. Ifs commonly execute this mandate through organising local, regional and
international sports events. These boost talent search and development.

The NOCs are mandated by Rule 27(2.3) to enable high performance sports for all. NOCs are also
given leeway to cooperate with bodies of governments such as the National Council for Sport of
Tanzania so as to achieve good relations between sports bodies and governments. 180 This is an avenue
that is lowly operationalized by NOCs in the EAC

3.2.2 Revised International Charter of Physical Education, Physical Activity and Sport, 2015
(ICPEPA)
This ICPEPA was adopted by the United Nations Educational, Scientific and Cultural organization
(UNESCO) General Assembly in 2015. It is aimed at promoting social development, improving
standards of lives of people.181

The ICPEPA provides that every human being has a right to play any choice sport. 182 The right to
sports should be enjoyed without any form of discrimination. This is geared at achieving wholesome
inclusivity in the enjoyment of sports and its benefits. The ICPEPA makes it incumbent on

176
IOC, “Support and protect clean athletes”, IOC, available at https://www.olympic.org/olympic-solidarity, accessed on
4th/04/2021).
177
IOC, “Support and protect clean athletes”, IOC, available at https://www.olympic.org/olympic-solidarity, accessed
on 4th/04/2021).
178
Ibid.
179
Ibid.
180
The Olympic Charter, 2020, Rule 27(5), OC.
181
Preamble to the ICPEPA.
182
International Charter of Physical Education, Physical Activity and Sport, 2015, Article 1.
 49

governments to progressively realize the enjoyment of the right to sport and its benefits. 183 The aspect
of progressive realisation is analysed under part 2.9.1 of chapter two.

The inclusion of indigenous people, persons with disabilities, children, women and girls are strongly
highlighted in drawing the systems of inclusion so as to achieve sports for all. 184 This is aimed at
ensuring that all persons are given chance to engage in sports activities.

The ICPEPA also provides that socio, economic and environmental sustainability plans must be drawn
and integrated into sports development projects.185 The ICPEPA further expressly acknowledges that
the sustainable consumption of sports products has the potential to positively impact the global
economy. 186

Governments are directed to deliberately fund and support research in the field of sport. 187 This is
aimed at equipping States with ample data to guide States in making decisions relating to the field of
sports.

States are also encouraged to develop and train professional personnel to serve in the sports industry.
Emphasis ought to be put on professional sports coaches and sports administrators.

The ICPEPA equally advocates for investments into availing sports spaces, facilities and
equipment.188 This duty is directed towards public authorities, public institutions and schools. This
is aimed at ensuring that all persons are able to enjoy the right to play with little or no difficulties.

The ICPEPA concludes by encouraging international cooperation in the field of sports. States at the
global, national, and (most importantly to this study) at regional level are called upon to work together
to achieve sports development so as to reap its benefits. 189

3.2.3 Other Relevant International Instruments

3.2.3.1 Convention on the Elimination of all Forms of Discrimination against Women, 1979
(CEDAW)
The CEDAW was adopted vide the UN General Assembly resolution 34/180 of 1979. The CEDAW
is designed to eliminate all forms of discrimination mounted against women.

183
International Charter of Physical Education, Physical Activity and Sport, 2015 Article 1(2).
184
Ibid, 2015, Article 1(3).
185
Ibid, Article 5(1).
186
Ibid, Article 5(2).
187
Ibid, 2015, Article 6.
188
Ibid, Article 8.
189
Ibid, Article 9(2).
 50

One of the fields that the UN Member States deemed wise to address in the fight against discrimination
against women is the sports world. The CEDAW directs that women should be availed with equal
opportunities to actively participate in sports.190

This is meant to constantly mandate all stakeholders and administrators in sports industry not to
exclude women from active sports participation. And include women while making decisions
affecting the sports industry. Currently, almost all sports disciplines have a women’s league.

3.2.3.2 The Convention on the Rights of Persons with Disabilities, 2006 (CRPD)
The CRPD is a UN instrument designed to equalize opportunities for Persons with Disabilities
(PWDs) and eliminate all forms of discrimination mounted against PWDs.

The CRPD mandates Member States to take suitable measures to enable and promote participation of
PWDs in sports activities at all levels. 191 This includes the duty to ease access to sports venues and
equipment, creating leagues for PWDs and enabling access to sports services like professional
coaching.

Several sports disciplines are positively responding to this obligation through creating leagues for
PWDs within their sports disciplines. The Paralympic games also offer PWDs opportunities to
compete at the highest global platforms.

3.2.4 The Magglingen Declaration on Sport, 2003 (MDS)

In February 2003, representatives from the UN and its bodies such as the UNHRC, States including
the United Republic of Tanzania, international NGOs, international sports bodies, athletes’ bodies et
cetera converged at the second conference on sports and development. And promulgated the MDS
declarations.

The declarations buttress the position that sport is a human right and that the parties to the declaration
commit to sports development. The declaration calls upon all governments, UN agencies, sports
bodies, the media and all people to contribute towards sports development.

The MDS recommends that there should be measures to use sport as a means to achieve peace and
avert any forms of violence or conflict. The MDS also stresses the need to use sport as a cheaper
vehicle for good health and raising awareness on the need for physical activities. MDS also
recommends using sports as a tool for better education and having sports activities in schools.

190
CEDAW, Article 10 (g).
191
CRPD, Article 30 (5).
 51

3.2.5 The United Nations General Assembly (UNGA) Resolutions

This segment discusses United Nations General Assembly Resolutions that are relevant to the sports
world and to this study. Scholar Malcolm Shaw 192 concludes that as a general, UNGA resolutions are
not binding. They are merely recommendatory. They could be qualified as soft law. This was affirmed
in the South West Africa case.193 The exceptions to this rule is if the resolutions are in consonance
with rules of international customary law or resolutions to pass the UN budget under Article 17 of the
UN Charter.194 Matters of sports do not fit in any of the exceptions. So the UNGA resolutions remain
merely directory. But it is worth to note that majority of these sports related resolutions such as
A/RES/71/160, were passed without a vote. That implies that all States unanimously agreed to them
thus requiring no need to vote in order for the resolution to be passed. Below is an analysis of the
relevant resolutions.

UNGA Resolution No. 58/5 (A/58/L.2 and 1) acknowledges the dangers faced by athletes, particularly
the young players. 195 The mentioned challenges include early specialization, exploitative
commercialization, child labour, doping, violence, overly long training hours, premature severance
from family and loss of social-cultural ties.
To solve the identified challenges, the resolution calls on the UN, States, specialized agencies and
sports related to undertake several actions to better the sports environment for all. The identified
actions include but not limited to these; Promoting the role of sport in furthering development
programs, advancing health awareness, and entrenching cultural values. Use sports as a tool to
achieve agreed UN development goals, peace and development. Employ sport as a vehicle for
cooperation, solidarity, social harmony and gender equality. Taking cognisance of capacity of sports
to foster socioeconomic development and build sports infrastructure. Investing in the development of
sport talents.

The resolution further calls upon developed countries and international organisations to assist
developing countries (such as the EAC States) in building their sports related capacities.

192
Shaw, M., International Law (6th), Cambridge: Cambridge University Press, 2010, 114.
193
Ethiopia v S Africa; Liberia v S Africa (Second Phase) [1966] ICJ Rep 6.
194
Shaw, M., 2010, p. 1212.
195
UNGA Resolution No. 58/5 (A/58/L.2 and 1) of November 2003, Sport as a means to promote Education, Health,
Development and Peace.
 52

UNGA Resolution No. 59/10 (A/59/L.9 and 1) of December 2004, Sport as a means to promote
Education, Health, Development and Peace builds up from that of 2003.196 It set 5/11/2005 as the date
for the launch of the International Year for Sport and Physical Education. This was aimed at fostering
the use of sports as a means to promote health, education, peace and development.
The resolution further invited the UN, States and international agencies to organise and fund sports
events. And also help athletes. The UN was further encouraged to partner or collaborate with
stakeholders in the sports industry and the private sector in sports-development programmes. It also
acknowledges the importance of the Olympic games in connecting people from different backgrounds.

UNGA Resolution 61/10 (A/61/L.12 and 1) of 2006 is an addendum to the 2003 and 2004
resolutions. 197 It introduces monitoring and evaluation of sports development and sports related
benefits. It further elucidates on the mode of assistance that ought to be extended to developing
countries. This includes financial, logistical and technical support.
The resolution encourages States to ratify the International Convention Against Doping in Sport,
2005. It also encourages the office of the UN Secretary General to take on the mandate of acting as
the Special Adviser on Sport for Development and Peace.

UNGA Resolution No. 69/6 (A/69/L.5 and 1) of 2014 is an addendum to the 2003, 2004 and 2005
resolutions. 198 It introduces the academia, the media and the civil society as part of the bodies that
ought to engage in sports promotion and development. It further encourages research as a vital pillar
to sports development.
But perhaps the resolution’s most significant addition is the undertaking to protect and preserve the
independence and autonomy of sports organisations, especially those established under the Olympic
Charter. The two concepts are deeply discussed under part 2.3 of this study.

UNGA Resolution No. 71/160 (A/71/L.38 and 1) of 2016 reaffirms sport as an enabler of sustainable
development, women empowerment, children and youth empowerment and an avenue to healthy
communities. 199 Member States are thus encouraged to employ sports implementation of the 2030
Sustainable Development Goals Agenda.

196
UNGA Resolution No. 59/10 (A/59/L.9 and 1) of December 2004, Sport as a means to promote Education, Health,
Development and Peace.
197
UNGA Resolution 61/10 (A/61/L.12 and 1) of 2006, Sport as a means to promote Education, Health, Development
and Peace.
198
UNGA Resolution No. 69/6 (A/69/L.5 and 1) of 2014, Sport as a means to promote Education, Health, Development
and Peace.
199
UNGA Resolution No. 71/160 (A/71/L.38 and 1) of 2016, Sport as a means to promote education, health,
Development and Peace.
 53

UNGA Resolution No. 60/8 (A/60/L.15 and 1) of 2005 builds up from UNGA Resolution 56/75 of
11/12/2001.200 The two advocate for using sports as a tool to midwife peace globally. The resolution
urged States to ensure safe passage for all athletes that were to participate in the then forthcoming
2006 Olympic and Paralympic games. It further called upon States to recognize the Olympic Truce
and use it as an instrument to promote peace and unity.

This resolution demonstrates the capacity of sport as an avenue to deliver global peace and unity. The
introduction to this study (part 1.1) highlights how former Ivory Coast and Chelsea footballer led his
Ivorian National team in successfully brokering a seize fire in a civil war that shuttering their country.

3.2.6 The United Nations Office on Sport for Development and Peace (UNOSDP)
UNOSDP was constituted by the UN in 2001. The UNOSDP was later dissolved on 4 /05/2017.201
UNOSDP was coordinating all sports related programs or activities of all UN agencies. 202

The closure of UNOSDP meant that all UN-related sports activities were to be directly executed by
the responsible UN agency. For example, the office of the United Nations High Commissioner for
Refugees directly partners with the IOC to help identify and nurture sports talents amongst refugees. 203

3.3 African Union Regional Instruments

Under this segment, the researcher highlights the legal framework on sports and the sports related
institutions at continental (African) level.

3.3.1 Statute of the African Union Sport Council, 2016 (SAUSC)

This was adopted on 30th January, 2016. The preamble to SAUSC calls upon members to integrate
sports in their development plans. Below are its provisions that are relevant to this study.

3.3.1.1 African Union Sports Council (AUSC)

The SAUSC creates the African Union Sports Council (AUSC) as a Specialized Technical Office
(SOT) of the African Union. 204

200
UNGA Resolution No. 60/8 (A/60/L.15 and 1) of 2005, Building a peaceful and better world through sport and the
Olympic ideal.
201
Flickr, C., “A call for action following the closure of United Nations office on Sport for development and Peace
(UNOSDP)”, Sport and Development Organisation, 19th/06/2017, available at
https://www.sportanddev.org/en/article/news/call-action-following-closure-united-nations-office-sport-development-
and-peace-unosdp (accessed on 31st/03/2021).
202
Ibid.
203
UNHRC, “A sports Coalition joins UNHRC and the International Olympic Committee to help young refugees
discover their potential through sports”, UNHRC, 9th/12/2019, available at
https://www.unhrc.org/protectionconferences/5dee3fe27/sports-coalition-joins-unhrc-interntional-olympic-committee-
help-young.html (accessed on 31st March, 20221).
204
Statute of the African Union Sport Council, 2016, Article 2(2).
 54

The AUSC is mandated to coordinate joint efforts of AU Members States to foster sports development
and attainment of sustainable development through sport 205. The functions of the AUSC are further
particularised under Article 5 of SAUSC as follows;

1) Promoting the fundamental right to sport to be enjoyed by all. Promoting and defending good
governance and respect for human rights and freedoms in the sports industry.
2) Promoting sports development and enabling development through sport.
3) Ensuring that AU Member States fund and support sports development, facilitating the search
for sponsorships and sports funding. And facilitating development of sports infrastructure in
Africa.
3.3.1.2 Technical Committee on Sport for Development
This is another creature of the SAUSC. 206 It is empowered to carry out the functions below; 207

4) Facilitating professional development of personnel in sports medicine, anti-doping, sports

science and related fields. And advocating for manufacturing sports equipment locally.
5) Promoting involvement of persons with disabilities, women and girls in sports as athletes and
technical personnel or officials. And designing programs for sports development.
6) Fostering development of sports education programs in the different regions of Africa.
3.3.1.4 AU Sports Regions
The SAUSC divides Africa into five regions. 208 These are the Northern, Western, Central, Southern
and the Eastern Region. The Eastern region which is of most interest to this study is comprised of
Somalia, Comoros, Mauritius, Djibouti, Ethiopia, Eritrea, Madagascar, Sudan, Seychelles, and the
EAC countries of Kenya, Uganda, Rwanda, Tanzania and South Sudan.

Unfortunately, Burundi and the Democratic Republic of Congo (DRC) (DRC is not a Member State
of the EAC, but it applied for admission to the EAC 209) are clustered in the Central region. This
separates Burundi and DRC from EAC sports in the AU perspective thus posing a challenge. But this
can be remedied through the AU framework.

205
Statute of the African Union Sport Council, 2016, Article 3.
206
Ibid, Article 16.
207
Ibid, Article 16 (4).
208
Ibid, Article 24.
209
Mutambo, A., “DR Congo applies for admission to East Africa Community”, The East African, 14th/06/2019,
available at https://www.theeastafrican.co.ke/ke/tea/news/east-africa/dr-congo=applies-for-admission-to-east-african-
community-1420142 (accessed on 9th/05/2021).
 55

According to Article 25 of the SAUSC, each region shall have a Ministerial conference, executive
Committee of Experts and a Regional Secretariat for Sports Development.

3.4 East African Community Regional Instruments and Institutions

Currently, EAC is comprised of six Partner States. Kenya, Tanzania and Uganda are the founding
Partner States. Rwanda and Burundi joined in 2007. The Republic of South Sudan joined the EAC in
2016. In 2019, the Democratic Republic of Congo formally applied to join the EAC. 210 Below is how
EAC legal instruments tackle sports aspects.

3.4.1 The Treaty for the Establishment of the East African Community, 1999 (EAC Treaty)
This is the mother Treaty for the EAC. Below are its major provisions that are relevant to this study.
The first objective of the EAC includes developing policies and programs to deepen cooperation in
social and cultural aspects.211 The EAC Treaty makes it incumbent on the EAC to ensure sustainable
development in the region. 212 The Partner States are also mandated to strengthen co-operation in listed
fields of cooperation so as to attain the desired sustainable development to improve the livelihoods of
East Africans.213 Part of these agreed fields of cooperation include sports as discussed below.

Article 119 (a) of the EAC Treaty gives the EAC the requisite competence to deal with sports at
regional level. Partner States are mandated to enhance and promote sports activities. 214 This qualifies
sports as an agreed field of cooperation and integration. One that can be used as a vehicle for
sustainable development to better the economic status of many East Africans.

The Treaty allows Partner States to conclude necessary Protocols to facilitate integration and
cooperation in the laid-out areas of cooperation and integration which include sports.215 This directly
empowers the EAC to formulate a Protocol on sports.

210
Mutambo, A, 2019, p. 54.
211
The Treaty for the Establishment of the East African Community, 1999, Article 5 (1).
212
Ibid, Article 5 (3) (a).
213
Ibid, Article 5 (3) (b).
214
Ibid, Article 119 (a).
215
Ibid, 1999, Article 151.
 56

3.4.2 Protocol on the Establishment of the East African Community Common Market, 2009
(Common Market Protocol)
The Protocol establishes a Common Market amongst the EAC Partner States. 216 The EAC Common
Market Protocol, mandates Partner States to promote sports217 and create employment
opportunities.218

The Common Market Protocol makes provisions for free movement of persons, labour, goods, right
of establishment, right of residence, free movement of services and capital. 219 This enables sports
investors to invest in sports across the region. Athletes are allowed freely move across the region to
participate in games and benefit from regional sports infrastructure. Manufacturers of sports
merchandise or equipment such as footballs, sports kits et cetera are permitted to produce and trade
such goods across the region. The right of residence enables all personnel in the sports industry in the
region to stay in any of the EAC Partner States.

3.4.3 The East African Sectoral Committee on Education, Science and Technology, Culture,
and Sports (EACESTCS)
The EAC Treaty empowers the EAC Co-ordination Committee to make recommendations to the EAC
Council of ministers for the formulation of sectoral committees so as to enable the EAC achieve its
objectives as stipulated under the Treaty. 220 It is under this framework that the EACESTCS was
formulated. This committee is comprised of ministers responsible for education, culture and sports in
the EAC Partner States. It is the EAC institution that is directly responsible for sports development.

The EACESTCS has since been able to midwife the formulation of the Protocol on the Establishment
of the East African Kiswahili Commission221, held a series of the East African Arts and Culture
Festival “JamaFest” and the JamaFest symposium in 2019. In terms of sport, the EACESTCS has so
far had a hand in organising the East African Community Bicycle Tour which may also be referred to
as the “Tour d’EAC” and the East African Community Games held in 2018. The East African games
are further discussed under part 3.4.4.3 and part 3.4.5 of this dissertation.

216
Protocol on the Establishment of the East African Community Common Market, 2010, Article 2 (1).
217
Ibid, Article 39 (3) (k).
218
Ibid, Article 39 (3) (a).
219
Ibid, Article 2 (4) a, b, c, d, e, f & g.
220
Treaty for the Establishment of the East African Community, 1999, Article 20.
221
EAC Protocol on the Establishment of the East African Kiswahili Commission 2007.
 57

3.4.4 East African Youth Policy, 2013 (EAYP)

Policies are not legally binding instruments. Any matter that regards non-compliance to a policy is
not justiciable at law. Thus, a State cannot be liable for not acting in line with a given policy.
Nonetheless, it is worth to note that policies give a picture of State’s or REC’s sense of direction on a
given matter. Commonly, laws are drawn basing on policy provisions. Thus, if the EAC is to make
progress in drawing a Protocol on sports, the EAYP would be a major instrument of reference. The
EAYP guides on how the EAC ought to deal with matters that concern youths. One of such matters is
sports. This part shall analyse the pertinent policy provisions that indicate how the EAC progressively
intends to handle sports affairs.

3.4.4.1 Sports Facilities

Under the policy, Partner States undertake to improve access to sports facilities in schools. 222 The
EAC takes cognisance of the need to have sports facilities in the region. Such sports facilities are often
aligned to schools.

Nonetheless, having athletes train in bare minimum open spaces does not guarantee proper nurturing
of multiple sports talents. Upon visiting Lubiri High School in Kampala, Uganda’s capital city, the
researcher discovered that football, athletics and volleyball were played on the plain earth with patches
of grass on the ages of the playing spaces. Basketball and Netball were being played on bare cement.
Not designed as a playing tough, but a surface of a fallen structure with debris on the sides. Other
sports disciplines were not being accommodated. The situation is worse for schools miles from the
city centres.

Generally put, most of the schools and local communities merely provide play fields or open playing
spaces, but not sports facilities. These open spaces are often shared with grazing animals. In some
unfortunate circumstances, these spaces are later taken up by “commercial investors”. This can be
illustrated with an example from Uganda. There are two vibrant communities of Gayaza and Kasangati
hosting tens of thousands of people. At the start of 2018, the two communities had two open playing
spaces (one in each community) separated by a single mile. These playing spaces were being used by
the general population and schools. By the end of 2020, both playing spaces had been already handed
over to investors to erect commercial buildings to be let out to tenants. A sports administrator in

222
EAYP, 2013,Strategic Objective 8.1.8 (a), p. 21
 58

Tanzania223 also narrates that in 2007, Bwiru Boys School in Mwanza had ten playing fields for
different sports disciplines. But it currently only has four playing fields.

These unfortunate events keep happening, at times even after being sanctioned by governments. These
happen in spite of the fact that the policy directs the Partner States to protect sports facilities from
being acquired by individuals. 224 Sadly these duties cannot be enforced in Courts of Law largely
because they are simply policy provisions without force of law. This underscores the need to have a
Protocol on sports. Protocol provisions have force of law thus being enforceable.

Without prejudice to the facts that such a setting or even worse can produce a world class athlete, it is
not in doubt that the limited and poor sports infrastructures result into loss or under development of
sports talents. Take an example of Emmanuel Rugamba, the first Rwandan to feature on the American
Football National Football League (NFL) draft, 2021. There is no chance that he would have
discovered and nurtured his talent in playing American Football yet the entire African continent has
no NFL facilities. The NFL may sound far out of reach, but basketball sounds more familiar. Loul
Deng was born in South Sudan before relocating and becoming a British citizen by naturalization. He
went on to have a successful career in the National Basketball Association League (NBA) playing for
teams such as the Miami heats, Los Angeles Lakers, Chicago Bulls, Cleveland Cavaliers, Minnesota
Timberwolves and the British national team. It is only after his relocation that he got the opportunity
to access basketball facilities that turned him into a global success story.

Swinnen and Vandemoortele225 opine that this form of “talent drain” is largely due to the unfavourable
state of the sports industries in developing countries. Athletes continue to migrate to commonly
Europe or North America in search for greener sporting pastures. 226 This comes at the cost of sports
development in the sending countries and East Africa is no exception.

Furthermore, the athletes that opt to turn into labour migrants at times encounter challenges related to
labour migration in-spite of the regularity of their international movements.227 These challenges
include racist attacks, social alienation, non-payments of wages et cetera. For example, Uganda goal
keeper, Magoola Salim Omer recently claimed that Sudan club El Merreikh refused to pay his salaries

223
An interview with a sports administrator in Tanzania conducted by the researcher on 8 th August 2021, Dar es Salaam.
224
EAYP, 2013, Strategic Objective 8.1.8 (c). p. 21.
225
Swinned, J. and Vandemoortele, T., “Sports and Development: An Economic Perspective on the Impact of the 2010
World Cup in South Africa”, Research Gate, 2008, p.1, available on https:www.researchgate.net/publication/239858891
(accessed on 14th/02/2021).
226
Darby, P., “The New Scramble for Africa: African Football Labour Migration to Europe”, 3, The European Sports
History Review, 2000, 217-244.
227
An interview with a sports investor in Kenya conducted by the researcher on 30th March 2021, via Zoom.
 59

and signing fee equalling to USD 70,000.228 His attempts to seek justice were frustrated inter alia due
to him not being a citizen of Sudan.

3.4.4.2 Sports and Society

The EAYP acknowledges that sports provide a unique opportunity for east Africans to socialise and
spend their free time in a productive and in a healthy manner. 229 Partner States are also directed to use
sports to fight against drug abuse, injurious youth behaviours and also fight the spread of
HIV/AIDS.230

From a socioeconomic point of view, the EAC aims to develop skills and talent amongst the youth in
the region.231 The ultimate goal is to create gainful employment for the youth and also incentivise
healthy life styles amongst the youth. 232

The above further demonstrates EAC’s knowledge on some of the benefits of sports. This justifies the
need to have certainty on the mandated of EAC Partner States to pursue the said benefits in unison for
the benefit and development of the entire REC.

3.4.4.3 Regional Events

The policy further directs the EAC secretariat to organise and coordinate regional games referred to
as “East African games”.233 These games are discussed under part 3.4.5.1 of this study.

3.4.5 Regional Sports Games

Under this segment, the author discusses current sports tournaments that are arranged in the East
African region. These games are divided into three categories. The first category concerns games that
specifically cover the six EAC countries. The second category concerns games cover less or more
than just the six EAC countries. The third category concerns games organised inside a single East
African country with the exception of Tanzania mainland and Zanzibar that organise different leagues.
The second and third category of games are organised at the initiative of independent sports
federations.

228
Magoola, S., Salim Jamal on Twitter, available at
https://twitter.com/jamalsalim16/status/1388404418765332481?s=20 (accessed on 2nd/05/2021).
229
EAYP, p. 9.
230
Ibid, Strategic Objective 8.1.8 (b), p. 21.
231
Ibid, Strategic Objective 8.1.8, p. 21.
232
Ibid.
233
EAYP, Strategic Objective 8.1.8 (e), p. 21
 60

3.4.5.1 Regional Games specifically covering EAC

(a) The East African Community Games (EACGs)
The EACGs are a creature of a decision of the 20 th EAC Council of Ministers. The Council of
Ministers directed the EAC Secretariat to hold regional sports tournaments regularly and in
partnership with the private sector. The first edition tournament was hosted and won by Burundi in
2018. Unfortunately, Rwanda and South Sudan did not attend the games making the event look like a
coalition of the willing. This was to the detriment of the wider regional integration and the junior
athletes in Rwanda and South Sudan who missed out on the chance to showcase and develop their
talents.234 The next phase of the games were meant to be held in 2020, in Uganda but they were
postponed due to the COVID-19 outbreak.235

The first edition of the EACGs lasted for 14 days encompassing 12 sports disciplines. These included
lawn tennis for women and men, women’s football, half marathons for women and men, netball,
boxing for men and women, volleyball for women and men, karate, and rugby 7s.

The EACGs focus on amateur athletes with little emphasis directed towards competition. 236 Thus,
though they may be of importance towards talent recruitment and development. They are of little
impact on propelling the development of professional or elite sports to commercially viable levels. A
personnel from the Uganda National Council for Sports observed that the EACGs do not attract
professional athletes and neither are they set for the benefit of elite athletes. 237

(b) The East African Military Games and Cultural Event (EAMGCE)
The EAMGCE is a creature of the Memorandum of Understanding on EAC Cooperation in Defence
by EAC Partner States. Under the EAMGCE, security organs from the EAC Member States regularly
convene and play different sports. The Event is hosted by the different EAC States on rotational basis.

(c) The East Africa Inter-University Games (EAIUGs)

The EAIUGs are at the initiative of the East Africa Inter-University Council. The games are sponsored
by the universities in collaboration with the private sector. The games are played by university

234
Response by a sports lawyer practicing in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
235
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
236
Mfumukeko, L., Burundi is ready to host the 1st edition of the EAC Games, 12th/07/2018, Arusha, available at
https://www.eac.int/press-releases/139-culture-sports-news/1153-burundi-ready-to-host-rhe-1st-edition-of-the-eac-
games (accessed on 11th/07/2021).
237
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
 61

students. The games are hosted by the East African Universities in different countries on rotational
basis.

(d) The East African Parliamentary Games (EAPGs)

The EAPGs are a joint initiative of the East African Legislative Assembly and the national Parliaments
of the EAC Partner States. Legislators from the different houses regularly come together and play the
games. The games are hosted on rotational basis by the EAC countries.

(e) The East Africa Female Games (EAFGs)

These games are an initiative of the International University Sports Federation in collaboration with
the East Africa University Sports Federation. The games target female athletes in East African
Universities. The games are composed of disciplines that are female dominated such as netball.

(f) The East African Secondary School Games (EASSGs)

The EASSGs are organised at the initiative of the Federation of East African Secondary Schools
Association in collaboration with schools in EA. The games are largely sponsored by the participating
schools and the private sector. The games are hosted by schools in EAC countries on rotational basis.

3.4.5.2 Sports Federations Regional-Based Games

There is a class of regional games that are not specifically organised for the EAC Partner States but
for African sports regions. These regional games cover EAC countries as whole (including none EAC
countries) or in part. For example, the President of the Uganda Swimming Federation 238 revealed that
for the case of swimming, all the EAC Partner States are in Africa zone three. In zone three, the EAC
Partner States are joined by five other States such as Ethiopia and Sudan.

In other sport disciplines, EAC States are categorised differently. For example, in the game of Rugby,
only Uganda and Kenya are in the top African division (A). Uganda, Kenya and Rwanda are members
are full members of World Rugby and Rugby Africa while Tanzania, Burundi and South Sudan are
not even affiliated to Rugby Africa.

The federations’ regional based games create avenues that foster integration and development of
sports through events such as the East Africa Handball Championships. Nonetheless, disparities in the
federation-based groupings dilute the benefits and essence of EAC integration through sports. 239 For
example, the Elgon cup rugby games are only played between Kenya and Uganda at the exclusion of

238
An interview with the President of the Uganda Swimming Federation conducted by the researcher on 10th April 2021,
Kampala.
239
Response by a sports lawyer practicing in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
 62

all other EAC countries. Other EAC countries could have used the event to better their quality in the
game of rugby yet they are locked out by such federation-based disparities. The blockade of such
sports skills and knowledge transfer has kept countries like Tanzania, Burundi and South Sudan
without a national team or attainment of affiliations to Rugby Africa.

3.4.5.3. Council for East and Central Africa Football Associations Senior Challenge Cup
(CECAFA)
CECAFA is one of the oldest football tournaments in the world. CECAFA started in 1926, four years
before the FIFA World Cup and 32 years before the UEFA (EURO) European football championship.
At the start, CECAFA was known as the Gossage Cup. The name “Gossage cup” reflected the then
tournament sponsor (until 1971), William Gossage, a soap manufacturer.240 CECAFA started with
Kenya and Uganda before Tanganyika joining in 1945 and Zanzibar in 1949. 241 The first East and
Central challenge was held in 1967.242 CECAFA is comprised of countries in East and Central Africa.
These include all EAC Partner States with Zanzibar separate from mainland Tanzania plus Djibouti,
Sudan, Ethiopia, Eritrea and Somalia.

CECAFA is mentioned in this paper because it provides some lessons that the EAC can learn from.
As a sports tournament, CECAFA started in the colonial times. In 1926, the founding States of the
EAC, to wit Tanzania, Uganda and Kenya were under Britain as the common colonial master. At that
time, East Africa had semi-formal forum of integration, to wit, The East African High Commission
(EAHC). Through the sustenance of the EAHC and its post-colonial successor, the East African
Common Services Organisation (EACSO), CECAFA had a financial sponsor (William Gossage).
CECAFA has outlived the colonial times, early post-colonial and is held to date. An exhibition how
much changes sports can endure, including the changes in political and constitutional orders.

Nonetheless, CECAFA is yet to garner international financial attention. Though the tournament is
older than the football world cup, its sports content is yet to be commercially viable beyond the
boundaries of the participating States.

3.4.5.4 National Sports Leagues

Sports federations at national level organise league games. For example, in Burundi, the Football
Federation organises the annual national football league. For the case of Zanzibar and mainland

240
CECAFA, “Senior Challenge Cup”, CECAFA, available at http://www.cecafafootball.org/senior-challenge-cup/
(accessed on 11th/05/2021).
241
Ibid.
242
Ibid.
 63

Tanzania, different leagues are organised due to different legal regimes governing sports in the United
Republic of Tanzania as elaborated in chapter 3 (part 3.5.2) of this dissertation. The leagues are played
by mostly private teams or clubs. For example, Flambeau du Centre, Kayanza United, Le Messanger
Ngozi and Mosongati are clubs in the Burundi National Football League. In some instances, the teams
are under public bodies or corporations. An example of this is Police Football Club in Uganda that is
under the Uganda Police Force.

The leagues have divisions. The worst performers in the top divisions are relegated to lower divisions
while best performing clubs in lower divisions are promoted to higher divisions. Some sports leagues
are broken into clusters. The first cluster is dependent on gender, women’s’ leagues are different from
men’s leagues. For example, Kenya Basketball has the women’s league different from that of the men.
Federations that are better funded or those where league events are easier to conduct further
breakdown leagues in respect of age. An example of this is the Kenya Junior Open Tennis
Championship that is open for players between the age of 12 and 18 years. Some national federations
also have capacity to cater persons for with disabilities that represent their countries in the Paralympic
games. An example of this is Tanzania Paralympic power lifting. These also arrange local Paralympic
games for persons with disabilities as a special cluster.

3.5 Domestic Legal and Institutional Framework

The segments below contain highlights on the municipal legal and institutional frameworks of sports
in the six EAC Partner States.

3.5.1 The Republic of Kenya

Kenya is the biggest economy in EA, a position she has kept since the start of colonial times. Kenya
is home to some of the world’s best long-distance runners such as Eliud Kipchoge, the first man to
run a full marathon under two hours. The Constitution of Kenya makes it a duty of the Kenyan
Central/National Government to Promote sports in the Country. 243 The counties inside Kenya also
have a function to promote sports in the respective counties. 244

The supreme law in Kenya is cognizant of the need to develop sports. It goes further to make the
Kenyan Central Government the custodian of sports development inside the country with the help of
the local governments at county level.

243
The Constitution of the Republic of Kenya, 2021, Fourth Schedule, Part 1, Paragraph 7.
244
Ibid, Fourth Schedule, Part 2, Paragraph 4 (h).
 64

3.5.1.1 The Kenya Sports Act No. 25 of 2013 (As amended, 2019)
This is the main law on sports in Kenya. It sets out the major institutions and legal principles to guide
the sports industry in Kenya. Below are its provisions relevant to this research.

(a) Sports Kenya

This is an institution established under the Act.245 It is a body corporate with capacity to acquire and
dispose property. It also has capacity to borrow money. 246

Sports Kenya is mandated manage national sports stadia inside Kenya. 247 This is a function that Sports
Kenya succeeded from the now defunct Sports Stadia Management Board of Kenya. The other
functions of Sports Kenya are as follows:248

1) Promoting, coordinating and implementing internal and international sports programs for the
benefit of all Kenyans. Ensuring proper development, management and maintenance of sports
facilities, establishing and maintaining a sports museum
2) Facilitating the sustainable participation of all Kenyans in sports activities at national, regional,
continental and international levels. And facilitation of proper sports administration.
3) Conducting programs for talent search, identifying and to develop sports talents in Kenya.
Sports Kenya also recommends tax exemptions for different sports activities and personnel
4) It assists and recommends foreign technical or expert sports personnel and athletes for proper
immigration, acquisition of work permits and visas. This is aimed at easing proper labour
migration for workers in the Kenyan sports industry.
(b) The Kenya National Sports Fund
The National Sports Fund is established under Section 12 of the Act. All funds accruing from national
sports activities or investments are pooled into the fund. This is in addition to grants, donations or
payments to Kenyan national sports. These funds are then used to fund Kenyan sports activities. The
Act also provides that Sports Kenya is to be funded through appropriation by the Parliament of Kenya
and money provided by the National Sports Fund. 249

245
The Kenya Sports Act No. 25 of 2013 (As amended, 2019), section 3(1)
246
Ibid, Section 3(2) (c).
247
Ibid, Section 3(3).
248
Ibid, Section 4.
249
Ibid, Section 11 (b) & (c).
 65

(c) The Kenya Academy of Sports

This is another institution established under the Act.250 It is a body corporate with capacity acquire,
hold and dispose property.251 The functions of the Kenya Academy relevant to this research are as
below;252

1) Talent search and development through establishing and managing sports academies in Kenya
and coordinating technical course for sports administrations, development and related
concerns.
2) Promoting sports related research. This entails collecting, analysing, storing and disseminating
sports material and sports data to the public.
(d) Office of the Sports Registrar
The Act also establishes the office of the Sports Registrar of Kenya 253 who is appointed by the Public
Service Commission of Kenya. The Sports Registrar is responsible for registration, regulations and
licensing of sports bodies or organizations, professional sports games or leagues and professional
sports athletes254. The Registrar also oversees the efficient registration and arbitrations of sports
disputes.

(e) Sports Tribunal

The Act also creates the only Sports Disputes Tribunal in EA. 255 The tribunal consists of persons
appointed by the Judicial Service Commission of Kenya.

The Tribunal has jurisdiction to determine appeals rooting from decisions of National Sports
Organizations or Associations, appeals against decisions not to select a player for the Kenyan national
team and all sports related disputes.256

(f) The Kenya National Olympic Committee (KNOC)

This is the heart of the Olympic movement in Kenya. It was formed in 1955. KNOC attained IOC
membership in the same year and managed to assemble a team to represent Kenya in the Melbourne
Olympics a year later (1956).

250
The Kenya Sports Act No. 25 of 2013 (As amended, 2019), Section 33 (1).
251
Ibid, Section 33 (2).
252
Ibid, Section 34.
253
Ibid, Section 45 (1).
254
Ibid, Section 45 (2) (b) & (c).
255
Ibid, Section 55 (1).
256
Ibid, Section 58 (a) (b) & (c).
 66

Kenyan National Sports Associations or Federations that wish to have share of the benefits of the
Olympic movement and are in good standing with the international sports federations such as World
Boxing Association (WBA) for boxing may apply to the KNOC for membership registration with
KNOC.

Kenya has a fairly updated legal and institution framework for its sports industry. Though it also has
to be acknowledged that this semi-modern framework is still in its nascent stage. It is only being tested
within Kenya for about three years now. It is also pertinent to note that this new framework remains
flexible. This is made evident by the 2019 amendments in the laws governing the Kenyan sports
industry.

3.5.2 The United Republic of Tanzania

Tanzania is the largest country in the EAC by both land mass and population. Tanzania is also home
to Simba SC, one of the most followed sports clubs in Africa with over two million social media
followers257 and their derby rivals, Young African. Below is the legal and institutional framework on
sports in the country.

3.5.2.1 The National Sports Council of Tanzania Act, 1967 (as amended, 1971)
The National Sports Council of Tanzania Act, 1967 is the primary law on sports in mainland Tanzania.
It is a post-independence legislation. Below are its provisions relevant to this paper.

(a) National Sports Council of Tanzania (NSCT)

The Act establishes the National Sports Council of Tanzania. 258 The NSCT is a body corporate with
capacity to hold, acquire and dispose of any property. 259

The functions of the NSCT relevant to this study are as stipulated below. 260

1) NSCT is responsible for developing and promoting sports in Tanzania, training sports
personnel and granting aid to national sports associations or organizations.
2) Providing sports equipment, sports facilities and stadia to sports organizations or associations
and stimulating general interest in sport and promoting sports.

257
Willis, S., “Simba SC among the best in Africa on online platforms”, Goal, 28th/08/2020, available at
https://www.goal.com/en/news/simba-fc-among-the-best-in-africa-on-onlin-platforms/zwa5ley38d7t1izj4p11ktdkn
(accessed on 3rd/04/021).
258
The National Sports Council of Tanzania Act, 1967 (as amended, 1971), section 3 (1)(a).
259
Ibid, Section 3 (1)(c).
260
Ibid, Section 4.
 67

The National Sports Council of Tanzania is funded through Parliamentary appropriation. 261 Loans and
donations also supplement the funding of NSCT. 262

(b) Registrar of Sports Associations

The Minister responsible for sports is empowered to appoint a Registrar of Sports in Tanzania263
whose role is to register all lawful sports associations in Tanzania. The Registrar also has the power
to cancel or suspend any sports associations that may fail to comply with any lawful obligation.264

Tanzania has early post-colonial laws on sports that hardly addresses the ever-evolving concerns of a
modern sports industry.

3.5.2.2 The Zanzibar Sports Council Act of 2010

Sports not being a Union matter, Zanzibar also has the powers to enact specific laws to govern the
sports industry in the islands. This was done in 2010 with the enactment of the Zanzibar Sports
Council Act of 2010. Below are it provisions relevant to this study.

(a) The Zanzibar National Sports Council (ZNSC)

The Act creates the ZNSC, a body corporate with capacity to acquire and dispose of any property. 265
This is the main government institution responsible for sport management and regulation in Zanzibar.
ZNSC is mandated to promote and facilitate sports development in Zanzibar. 266 ZNSC also
Implements sports policies in Zanzibar. 267 The ZNSC is funded through appropriations by the
Zanzibar House of Representatives, loans, grants, donations, subscription fees or through its
properties.268

(b) Registrar of Sports Associations

The Act creates the office of Registrar of National Sports Associations who is appointed by the
Minister responsible for sports.269 The Registrar is responsible for registering not only National sports
associations, but also deregistering and sports clubs in the Zanzibar. 270

261
The National Sports Council of Tanzania Act, 1967 (as amended, 1971), section 6 (a).
262
Ibid, Section (b) & (d).
263
Ibid, Section 10.
264
Ibid, Section 16
265
The Zanzibar Sports Council Act of 2010, Section 3.
266
Ibid, Section 5 (c).
267
Ibid, Section 5 (a).
268
Ibid, Section 31.
269
Ibid, Section 18 (a).
270
Ibid, Section 18 (2).
 68

(c) District Sports Councils

The Act also creates sports councils at district level. 271 These are segments of the ZNSC at district
level. The district councils are responsible for developing and promoting sports at district level. 272

3.5.2.3 The Tanzania Olympic Committee (TOC) and the Zanzibar Question
TOC has its history rooting from the former Tanganyika. The then country of Tanganyika (before
forming the Union government with the islands of Zanzibar) had the Tanganyika Commonwealth
Games Association (TCGA) formed in 1958. 273 At the time, Tanganyika was a colony of England.
When Tanganyika gained her independence in 1961, TCGA changed its name to “Tanganyika
Olympic Committee”274. Tanganyika managed to get its maiden representation at the Olympics in
1963.

In 1964, following the 1964 revolution in Zanzibar, the nations of Zanzibar and Tanganyika merged
and formed the United Republic of Tanzania. The changes also affected the sports structures in the
new State of Tanzania. Tanganyika Olympic Committee thus changed its name to Tanzania Olympic
Committee (TOC).275 TOC represents both Mainland Tanzania and Zanzibar. The two send a single
team (Team Tanzania) to the Olympic games.

Sports is not listed as a Union Matter under the Constitution of the United Republic of Tanzania of
1977. Mainland Tanzania and Zanzibar have different sports legal regimes and leagues. The two unite
to form a single team for a vast majority of the international competitions such as the Olympics and
the football world Cup. In a few tournaments such as the Council for East and Central Africa Football
Associations (CECAFA) competitions, Zanzibar sends her own fully fledged team to represent the
islands. And in 1994, Zanzibar won the CECAFA cup.

Water sports such as skiing, surfing, diving, sailing, kayak et cetera are a common type of sport in
Zanzibar that attract many tourists to the islands. 276 These benefit the Zanzibar locals and investors in
the hospitality sector. The tourists remain a major source of foreign income to the Tanzanian
government.

271
The Zanzibar Sports Council Act of 2010, section 24.
272
Ibid, section 25 (a).
273
Olypedia, “United Republic of Tanzania (TAN) Overview”, Olympedia, available at
https://www.olympedia.org/countries/TAN, (accessed on 3rd/04/2021).
274
Ibid.
275
Ibid.
276
Zanzibar Tourism, “Water Sports”, Zanzibar Tourism, available at
https://www.zanzibartourism.go.tz/index.php/what-to-do/events-and-sports/water-sports (accessed on 3rd/04/2021).
 69

3.5.3 The Republic of Rwanda

Rwanda is the smallest of all the EAC Partner States but home to one biggest basketball arenas in
Africa, Kigali Arena277. This segment highlights the legal and institutional structures of sports in
Rwanda.

3.5.3.1 Law Nº 32/2017 of 03/08/2017 Governing Organisation of Sport, Games and Leisure
(Law Nº 32/2017)
This is the primary law governing sports in Rwanda. Law Nº 32/2017 expressly stipulates that sports
contribute to economic and social development among other benefits such as good health.278 Below
are the institutions responsible for proper sports development and management in Rwanda. 279

(a) Ministry in charge of sport, games and leisure

The Ministry is responsible for drawing policies on sports development and strategies for proper
implementation of the same.280 The Ministry is performing impressively on its duty to draw modern
policies in sport. Rwanda currently has a policy on sports (2012), a policy on school sports (2020) and
the National Youth and Sports Policy (2020). These policies tackle specific sports issues within the
different segments that often relate with sports. This high level of specialization enables expert study
and address any issues that arise in the different facets of the sports industry.

The Ministry is mandated to monitor and make evaluations of all sports activities. 281 The Ministry is
also in charge of midwifing preparations of sports teams that represent Rwanda. 282 The Ministry is
empowered to collaborate with different countries so as to foster sports development.283 This creates
room for Rwanda to partner with the EAC Partner States in the interest of enabling sports
development.

(b) The National Olympic Committee of Rwanda

The law in Rwanda expressly provides for the NOC of Rwanda. This is a unique approach.
Nonetheless, the law still recognises the NOC of Rwanda as Non-Governmental Organization (NGO),
but it describes it as national NGO. 284

277
FIBA, “Kigali Arena breathes new life into Rwandan Basketball”, FIBA, 25th/09/2019, available at
https://www.fiba.basketball/news/kigali-arena-braethes-new-lif-into-rwandan-basketball, (accessed on 3rd/04/2021).
278
Law Nº 32/2017, Article 2.
279
Ibid, Article 4.
280
Ibid, Article 5 (1).
281
Law Nº 32/2017, Article 5 (2).
282
Ibid, Article 5 (3).
283
Ibid, Article 15.
284
Ibid, Article 3(9).
 70

The NOC of Rwanda has the duty to aide in the capacity building of national sports associations
(NSAs), coordinating the NSAs, and supervising the preparation of team Rwanda for Olympic
Games.285

(c) National Sports Federations

These federations are also described as national NGOs that act in the general interest of sports in
Rwanda286. The federations are responsible for ensuring sustainable sports development and
coordinating sports activities at national level. 287

The Law also provides for teaching of sports from the nursery level of education to the primary and
secondary school levels. 288 This forms a pool from which NSFs can identify and develop sport talents.

(d) Insurance of Athletes

Sports clubs in Rwanda are required to ensure that their athletes have accident insurance policies
drawn in their favour.289 These cater for injuries on and off the pitch. This safe guards may athletes
from premature retirement due to injuries on account of luck of funds either on part of the clubs or the
athletes to get the injured players suitable medical attention. In an interview with an elite athlete 290,
the athlete said that rugby being a very physical game, the athlete had seen and known of many fellow
athletes who had suffered gruesome injuries and rot away from the sports pitch with little or no
medical attention.

Thus, Rwanda gives other EAC Partner States something else to learn. It is crucial to protect talents
from premature endings due to lack of funds to accord athletes proper medical attention.

(e) Construction of Sport Infrastructure

The burden and funding of sports infrastructure is set out at different levels 291. At national level, the
sports infrastructure is a responsibility of the Rwandan Central government and the same is regarded
as public infrastructure. If the construction is to be in the capital city, Kigali, then the City of Kigali
is responsible. At district level, the onus is on the subject district. Private individuals are also allowed
to construct sports infrastructure after liaison and certification by the Ministry responsible for sports.

285
Law Nº 32/2017, Article 6.
286
Ibid, Article 3 (16).
287
Ibid, Article 7 (1) & (2).
288
Ibid, Article 11 & 12.
289
Ibid, Article 17.
290
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
291
Law Nº 32/2017, Article 19.
 71

Sports infrastructure level in Rwanda is on three fronts. The centralized, decentralized and the private
construction schemes. This is commendable as all player in the industry are given lee way to put up
standard sports infrastructure.

3.5.4 The Republic of Uganda

Uganda is the country that gave the world Joshua Cheptegei, the tenth man to hold the 5,000 meters
and 10,000 meters world records concurrently and still holds them to date. The sports industry in the
Pearl of Africa is majorly governed by the National Council for Sports Act and the regulations thereto.
Below is an analysis of these laws and sports institutions in Uganda.

(At the time of publication of this paper, the author is aware of an on-going legislative process that
will/may culminate into the National Sport Act, of Uganda. Due to the fact that the legislative process
is still on-going, the current Bill has not been considered in this paper, but the author will a second
edition to this paper to accommodate the Bill once it is passed into law).

3.5.4.1 The National Council for Sports Act of 1964

This is the primary law governing the sport industry in Uganda. The Act was enacted shortly after the
Country’s independence. Below are its salient provisions.

(a) Uganda National Council for Sports (UNCS)

The Act establishes the Uganda National Council for Sports and dresses it with corporate status.292
UNCS is responsible for sports development and promotion at national level. 293 It (UNSC) does so
through training technical sports staff, developing sports facilities and stadia, funding national sports
associations or federations and providing sports equipment.294

The UNSC is empowered to foster friendly relations between Uganda and other sporting nations, for
the purpose of integration this includes the EAC Partner States.295 UNSC is also responsible for
stimulating sports interest in the country, sponsoring scholarships for sports coaches, provide sports
medical facilities and fund development of sports facilities at all levels. 296

The activities of UNSC are funded by the central Government, through loans, grants, or donations and
any other monies that may accrue to through the performance of her functions. 297

292
The National Council for Sports Act 1964, Section 1.
293
Ibid, Section 2 (a).
294
Ibid.
295
Ibid, Section 2 (d).
296
Ibid, Section 2 (e).
297
Ibid, Section 4.
 72

As is the case for mainland Tanzania, this Act is an early post-colonial law that was enacted less than
two years after the country had gained her independence. It looks at sports as being at amateur level
as opposed to professional level. A draft bill for a modern sports Act is underway but still before the
first Parliamentary council since 2018. 298

3.5.4.1 The National Council of Sports Regulations, 2014

The regulations provide for registration of all national sports associations with the UNSC. 299 The
registered national sports associations then maintain a register of their members. 300 This creates a
national centralised network of sports personnel thus easing planning, budgeting or resource
allocation.

Though the current regulations are fairly recent, they do not effectively address matters of sports
development. Hope to tackle modern sports industry issues lie in the forthcoming National Sports
Bill. 301

3.5.5 The Republic of Burundi

Burundi won her first Olympic gold in her debut appearance in the 1996 summer Olympics games in
Atlanta thanks to Venuste Niyongabo who won the 5000-meter race. The country has found it difficult
to replicate her success managing only to win silver medal two decades later thanks to Francine
Niyonsaba in the 2016 Rio Olympics. Burundi has since stepped-up gears to better the quality of
sports law in the country hoping to achieve better returns. Below is a breakdown of the recent sports
law developments in the country.

3.5.5.1 Law No. 1/26 of 30th November 2009 as Amended by Law No. 1/27 of 2019
This is the Law that is tailored to regulate the sports industry in Burundi. This was a law designed to
review Law No. 1/26 of 2009. Law No. 27 of 2019 is designed inter alia foster on sports development
in Burundi without any form of discrimination. 302 The Law recognizes and guarantees that the right
to sports to all citizens.303 The law makes it incumbent on the central government of Burundi to tailor
and implement policies for promoting sports development.304 The Government of Burundi undertakes

298
The Physical Activity and Sports Bill, 2018.
299
The National Council of Sports Regulations, 2014Reg. 4 (1).
300
Ibid, Regulation. 5 (1).
301
The Physical Activity and Sports Bill, 2018.
302
Law No. 1/27 of 2019, Article 1.
303
Ibid, Article 2.
304
Ibid, Article 3
 73

to abide by the Olympic Charter and not to interfere with the autonomy of sport. 305 Burundi is also
committed to prevent corruption and sports related violence in sports.306

The Law makes it incumbent on schools at all levels of education from primary level to university307
level to teach sports to students.308 This gives a chance to many school goers to search, find and
develop their sports talents. Burundi aims at creating a system that gives chance to the young people
in the country to develop their sports talents. 309

(a) Sports for People with Disabilities

Burundi uses sports to rehabilitate and integrate people with disabilities into the community and deter
any forms of discrimination or mental un-wellness of persons with disabilities. 310 This is effected
through creating sports clubs, leagues and associations specifically for persons with disabilities.

Setting up such a sports framework that captures the concerns for people with disabilities not only
betters the livelihoods of people with disabilities but also puts odds in favour of Burundi to parade a
successful team in the Paralympic games. These are specifically organised for people with disabilities.

(b) Elite Sports and Tax Reliefs for Sports Investors

The Act directs requires deliberately setting-up specialized structures to midwife international
technical sports standards so as to achieve high level sports success on the international scene.311
Persons who invest or contribute in development of elite sports are given benefits of tax reliefs of such
investments or sports related activities. 312 This encourages internal foreign sports investment.

The law makes benefits for elite athletes. Such benefits include remuneration of athletes during and
after the sports careers, studies of athletes during and after the sports careers of athletes, training
grants, allowances for sports equipment, allowances for participation in sports competitions and
insurance coverage for risks during practice and competitions.

305
Ibid, Article 8.
306
Ibid, Article 13.
307
Law No. 1/27 of 2019, Article 29.
308
Ibid, Article 7.
309
Ibid, Article 10.
310
Ibid, Article 47.
311
Ibid, Article 52.
312
Ibid, Article 55.
 74

(c) National Olympic Committee (BNOC) and National Paralympic Committee (NPC)
The BNOC is provided for under fifth section of the Law as an association of general public utility
and interest.313 The CNO is directed to act in consonance with the Olympic Charter.314 The
Government of Burundi and CNO are obligated to work together to so as to midwife sports
development in Burundi. 315

The NPC is similar to the CNO but specifically tailored to promote sports targeting persons with
disabilities. Its operations are guided by the Paralympic Charter. The NPC is mandated to formulate
measures to promote sports and sports infrastructure for the benefit of persons with disabilities
(PWDs). In executing its activities, the NPC is allowed to collaborate with international sports bodies
and national sports federations. 316

(d) National Sports Observatory (NSO), Provincial Sports Council (PSC), and Municipal
Sports Councils (MSC)
The NSO is a public body that is set up by decree. It is responsible for formulating national policies
to on sports and monitoring the implementation of the same. 317

The PSCs are bodies at provincial level. They are set by ministerial ordinance by the Minister
responsible for sports in collaboration with the Provincial Governors and the NSO.

PSCs collaborate with sports councils at municipal level within their subject jurisdiction to ensure
proper implementation of sports development plans meted out at national level. 318 The MSCs are set
up by the Provincial Governor in consultation with the PSC. MSCs are responsible for sports
development at municipal level. MSCs also work with national sports organizations to implement
national sports development plans at the municipal level.

(e) National Commission for Elite and High-Level Sport and Talent Detection
(NCEHLSTD)
319
This is set up by Ministerial order by the Minister responsible for sports. The commission is
responsible for tailoring proposals or recommendations that are to contribute towards development of

313
Ibid, Article 117.
314
Ibid, Article 118.
315
Ibid, Article 4 and Article 119.
316
Law No. 1/27 of 2019, Article 123 (2).
317
Ibid, Article 126.
318
Ibid, Article 127.
319
Ibid, Article 129.
 75

high-level or elite sports in Burundi. The commission is also responsible for contributing to means
and methods of sports talent detection and development. This nurtures athlete of global quality that
can bring about international sports success. The law also makes provision for institutions responsible
for scientific sports research320, training young athletes321 and training sports coaches322.

(f) Sports Infrastructure and Equipment

The Law mandates collaboration between the State, local authorities and National Sports Federations
to ensure the creation and development of sports infrastructure to cater for different sports
disciplines.323

Private individuals or bodies are also allowed to erect and maintain sports infrastructure that is in
consonance of the national sports infrastructure and the subject national and local legal requirement
in in force.324 Such private investors in the sports industry qualify for incentives such as tax reduction,
subsidies and eased means of land acquisition. 325 The conditions and standards for setting up sports
infrastructure in Burundi are fixed by the Minister responsible for sports by way of ordinance. 326 The
State of Burundi is also mandated to encourage production of sports equipment and raw materials for
production of sports equipment locally. This is effected through legislation and investment
incentives.327

The Law creates a State funded “National Fund for the Development of Physical and sports
Activities”.328 The pooled fund is aimed at promoting development of sports activities.

Burundi has a fairly modern legal regime. But just like Kenya, the laws are still in their nascent
stages. Though good on paper, the law I Burundi is hardly implemented or operationalized.
3.5.6 The Republic of South Sudan
South Sudan, the youngest country in the world is also home to the world’s youngest women’s national
football league. South Sudan gained the status of an independent State in 2011 following a referendum
held in accordance with the Comprehensive Peace Agreement of 2005. This enabled South Sudan to
secede from Sudan. The country’s development has been largely clamped down by a civil war that

320
Ibid, Article 147.
321
Ibid, Article 135.
322
Ibid, Article 139.
323
Law No. 1/27 of 2019, Article 152.
324
Ibid, Article 153
325
Ibid, Article 153 (b).
326
Ibid, Article 153 (c).
327
Ibid, Article 155.
328
Ibid, Article 164.
 76

broke out in 2013.329 This conflict sparked off following a fallout between President Salva Kiir and
his then Vice President, Reik Machar.

South Sudan being a fairly young State littered with conflict, it then comes as no surprise that the
Country is yet to enact a specific law to regulate the sports industry. Fortunately, the framers of the
Transitional Constitution of the Republic of South Sudan, 2011, were endowed with the wisdom on
the importance of sports and made provisions for the same.

3.5.6.1 Transitional Constitution of the Republic of South Sudan, 2011

The Central government 330 at national level and state governments331 at (internal) state levels are both
dressed with legal competence to legislate on sports matters. The Constitution provides that the central
government and all the local governments below it have a duty to promote and develop sports for
all. 332 Furthermore, sports institutions and indigenous game are offered special protection. 333

3.5.6.2 The South Sudan National Olympic Committee (SSNOC)

South Sudan set up its National Olympic Committee in 2015 and successfully applied for IOC
membership in the same year. In 2016, the SSNOC managed to present the first team to represent the
country in the 2016 Olympics in Rio. Its operations are similar to those of other NOCs.

3.6 Conclusion
There exist legal and institutional frameworks to midwife sports development at international,
continental, regional and national level. The framework at EAC regional level is narrow in terms of
sports but fairy wide on the aspects of regional integration and free movement of people, labour,
capital and the right to establishment. At national level, the frameworks are in disharmony with little
or no sense of cooperation or integration. The disharmony creates gaps and challenges that need to be
addressed.

329
Global Conflict Tracker, “Civil War in South Sudan”, Global Conflict Tracker, available at https://microsites-live-
backend.cfr.org/global-conflict-tracker/conflict/civil-war-south-sudan, (accessed on 11th/04/2021).
330
Transitional Constitution of the Republic of South Sudan, 2011, Schedule B, Paragraph 39.
331
Ibid, schedule C, Paragraph 16.
332
Ibid, Article 40 (b)
333
Ibid, Article 40 (c).
 77

CHAPTER FOUR
STATUS OF THE EAST AFRICAN SPORTS

4.1 INTRODUCTION
Under this chapter, the researcher highlights the major pillars that reflect the current status of East
African sports. The researcher highlights the benefits of sports, enumerates the hardships that stunt
the growth of the East African sports. And the opportunities that demonstrate the enormous potential
that is being hoarded in East African sports.

The research hypothesis of this study presupposed that that there is a link between sports law and
socio economic development in the East African Community.

This hypothesis is built on three major limbs. Firstly, that the sports industry is an important facet of
regional economic integration. Secondly, that the lack of a comprehensive and harmonious legal
framework on sports at the initiative of the East African Community is negatively affecting the sports
industry in the region. And lastly that the East African Community can still reap several social
economic benefits from tailoring a modern legal instrument on sports in the region.

This hypothesis is tested below using data from documentary reviews, interviews by the researcher
and responses from questionnaires.

4.2 Sports Benefits

In this part, the author tests the first limb of the hypothesis to this study. To wit, whether sports industry
activities are beneficial and thus beneficial to the regional economic integration process. This is geared
towards exhibiting what the EAC will possibly reap upon paying due attention to sports as facet of
regional integration.

4.2.1 Sports investments and the potential to stimulate the EAC economies
Sports investments maybe made by governments, private individuals or foreign direct investment
(FDI). Available literature indicates that sports activities, the sports events management portfolio and
the sports equipment markets can ignite economic development.334 A 2014 study on the global sports
market revealed that sports kits account for about 44% of the value traded on the international sports

334
Chappelete, J.L., Sport and Economic Development, Lausanne: IDHEAP Swiss Graduate School of Public
Administration, 2005, p. 2.
 78

market.335 This is an indicator that production of sports equipment ought not to be only for local
consumption but also for internal and international trade.

100% of the respondents interviewed in this study confidently agreed that sports activities yield
valuable products that have the capacity to stimulate the EAC economies. A sports investor in Kenya
points to trading sports content or media rights as an example. 336 Currently, majority of sports fans
are not allowed into sports stadia due to the COVID-19 pandemic but sports activities are still
generating incomes thanks to trading broadcast rights and advertisements.

A sports lawyer operating in Uganda and Rwanda argues that sports activities have a multiplier effect
that spills benefits to other sectors of the economy. 337 Sports related sectors or industries benefit from
a vibrant sports sector. These sectors include, tourism, hotels and hospitality, agriculture foods and
beverages, the construction industry, the transport and communications sector, construction, the
manufacturing industries that make sports kits et cetera.338 A study conducted in Kenya indicates that
this sport multiplier effect is feasible in EA too.339 The study indicates that the increasing sports related
activities in Machakos due the erection of sports facilities in the county is of much benefits to tourism,
construction, hotel and other sports related industries in Machakos. 340 Such success can be emulated
across EAC countries.

Comparatively, sport contributes about 2.12% of the EU gross domestic product (GDP). 341 In the
UK, sport contributes is about three times more than what agriculture contributes to UK’s GDP. 342
While in EAC, majority of the population depends on agriculture. This is proof that sports can
stimulate economies.

335
Kearney, “A.T. Kearney Study: Sports Industry Growing Faster than GDP”, A.T Kearney, 2014, available at
https://www.atkearney.com/news-media/news-releases/news-release/-
/asset_publisher/00OIL7Jc67KL/content/id/5273085 (accessed on 19th/05/2021).
336
An interview with a sports investor in Kenya conducted by the researcher on 30 th March 2021, via Zoom.
337
Response by a sports lawyer practicing in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
338
Ibid.
339
Njoroge, J.M., Atieno, L., and Do Nascimento, D.V., 2017, p.1.
340
Ibid.
341
European Commission Directorate-General Education and Culture, Study on the Contribution of Sport to Economic
Growth and Employment in the EU, Luxembourg: European Commission, 2012, p.9.
342
Swinnen, J., and Vandemoortele, T., 2008, p. 19.
 79

4.2.2 The sports industry and employment opportunities

All the ten respondents in this study unanimously agreed that sport has the potential to create a large
pool of employment opportunities in the EAC. A sports administrator in Tanzania 343 asserted that a
single sports event creates a chain of opportunities that can employ the many unemployed East
Africans. The athletes, coaches, nutritionists, marketers, legal personnel, security personnel, media
personnel, constructors, catering services, transport services, informational technology technicians,
accommodation service providers for traveling fans et cetera. All these can be soaked up in a single
sports event. Since 2006, four Kenyan footballers, Victor Wanyama, Dennis Oliech, Michaeal Olunga
and McDonald Maringa have generated about 75,000,000 USD in transfer fees. While Tanzanian
Mbwana Sematta has already amassed about 25,000,000 USD in transfer fees.

Data from the EU indicates that sports related employment accounts for over 2.72% of the total
employment in the REC.344 This is an indicator that the sports industry has the capacity to create jobs
and nurse the challenge of unemployment in the EAC.

4.2.3 Sports and labour productivity

Studies345 indicate that involvement in sports, even at amateur level increases the productivity of the
participating population, especially employees. Sports increases productivity through boosting
physical and mental health, sharpening soft skills such as teamwork, endurance and self-confidence.
346
Sports also relive stress among other productivity enhancing benefits. 347 Available literature further
shows that the benefits of higher productivity also spills over to passive participants in sport activities.
348
The happiness and motivation brought about by a sports win to a sports fan also increases the
productivity of fans at work.349

80% of the respondents to this study also attested to the casual link between sports activities and
labour productivity. While 20% abstained saying that they did not have requisite data to comment on
the aspect. A sports scholar350 who formerly conducted several studies on sports in East Africa opined
that active sports participation often results into an active body and mind. 351 This empowers

343
An interview with a sports administrator in Tanzania conducted by the researcher on 8 th August 2021, in Dar es
Salaam.
344
Ibid.
345
Rugaya, H., et al, “Does Involvement in Sports lead to a Productive Employee?”, 5, International Journal on Social
and Humanity IPEDR, 2011, pp. 218-221.
346
Lechner, M., “Sports, Exercise, and Labor market Outcomes”, IZA World of Labor, 2015, p. 126.
347
Ibid, p. 129.
348
Social Issues Research Centre, The Impact of Sport on the Workplace, Oxford: Hudson, 2008, p. 2.
349
Ibid, p.3.
350
Ibid, p.4.
351
An interview with a sports scholar conducted by the researcher on 15 th May 2021, via Zoom.
 80

employees that actively engage in sports activities to be more creative and active at work. This
demonstrates the capacity of sports to boost the East African workforce, directly and indirectly.

4.2.4 Sports and remittances

Gaudin and Mwanga conducted studies on sports migration in EA. 352 The two opine that an improved
sports industry creates a large pool of professional athletes some of whom win contracts to play in
professional leagues elsewhere. 353 Athletes that professionally play outside their home countries are
equally labour migrants. The “sports labour migrants” earn signing or winning bonuses, salaries and
monetary rewards that they often remit back home. In Fiji, remittances from the sport of rugby alone
account for at least 11% of the total workers remittances remitted into the country. 354 Such monies are
to the benefit of families, communities and governments. For example, Sadio Mane, a Senegalese
footballer who is currently playing in England built a hospital in his home municipality. 355

A sports agent based in Tanzania opines that creating a large pool of professional athletes in EA will
make East Africa a target market for sports clubs hunting for talent.356 In return, the professional
athletes will earn monies that they remit back to EA thus inspiring development. Professor Njororai
was of the view that although exporting athletes has its positives, it is partially injurious to EA
sports.357 He added that exporting athletes drains talent from the region and denies young athletes
direct inspiration and mentorship from the senior athletes. The scholar concluded that it is not viable
to curtail exporting talent, but improving the local sports industry will help in retaining more talent
and attracting foreign talents.

352
Gaudin, B., Teka, S. and Mwanga, S., “The Sports Migrations of East African Athletes”, 31, Annales d’Ethiopie,
2016, pp. 259-270.
353
Ibid, p. 269.
354
Stewart-Withers, R., Sewabu, K. and Richardson, “Rugby Union driven Migration as a means for sustainable
livelihoods creation: A case study of iTaukei, Indigenous Fijians”, 5 (9), Journal of Sports for development, 2017, pp.1-
3.
355
Goh, Z.K., Sadio Mane: Why I wanted to build a hospital, Olympics.com, 17th/04/2020 available at
https://olympics.com/featured-news/sadio-mane-why-i-wanted-to-build-a-hospital (accessed on 16th/05/2021).
356
An interview with a sports agent in Tanzania conducted by the researcher on 8 th August 2021, Dar es Salaam.
357
An interview with a sports scholar conducted by the researcher on 15 th May 2021, via Zoom.
 81

4.2.5 Sports, the international image and diplomatic relations

Dembek and Wloch358 aver that sports create an avenue through which countries or regions can
improve their international image or reputation. Scholar A.L Johns 359 adds that sports can be used to
better or create new diplomatic relations. These were ideas that were endorsed by 80% of the
respondents to this study. While 20% of the respondents were sceptical of the correlation citing the
need to preserve the autonomy of sports from interference by third parties. Especially political
interference by States.

An international sports lawyer at ISDE (Spain) was of the view that through sports, the EAC can
portray its self to the world as the home of sports excellence. 360 As sports women and men raise the
EAC flag, they advertise EAC to the world. This makes the EAC more attractive and relatable to other
RECs or States, foreign investors, tourists, multinational companies, et cetera. These bring in foreign
incomes and heighten the value of EAC currency.

4.2.6 Sports and health benefits

Studies361 show that an active participation in sports activities offers physically and metal health
benefits. Sports enhance general public health by creating platforms through which people can
exercise. Exercising boosts body immunity and prevents lifestyle diseases such as cardio-vascular
diseases, heart diseases, diabetes et cetera that reduce the quality of life or lead to deaths.362 All the
respondents to this study unanimously agreed that an active participation in sports activities leads to
healthy society.

With less than 68 million people, it is estimated that the UK governments spends about 7.4 billion
Euros annually on treating medical conditions resulting from physical inactivity. 363 Though relatively
younger, the EAC has a total population about 190 million. 364 There is currently no data as to how
much the EAC countries spend on treating similar medical conditions. What is certain is that more
sporting activities will reduce on lifestyle diseases perpetuated by physical inactivity, save lives and

358
Dembek, A., and Wloch, R., “The Impact of a Sports Mega-Event on the International Image of a Country: the Case
of Poland Hostig UEFA Euro 2012”, 22(1) Perspectives, Review of International Affairs, 2014, pp.33- 34.
359
Johns, A., “Competing in the Global Arena: Sport and Foreign Relations since 1945”, in Heather, L., and Johns, A.
(eds), Diplomatic Games, Sport, Statecraft and International Relations Since 1945, Kentucky: University Press of
Kentucky, 2014, pp.1-2.
360
An interview with an international sports lawyer in Spain conducted by the researcher on 27th May 2021, via Skype.
361
Malm, C., Jakobsson, J., Isaksson, A.,“Physical Activity and sports – Real Health Benefits: A review with insight
into the Public Health of Sweden”, 7, Sports Review, 2019, pp. 127-35.
362
EU White Paper on Sport, 2007, p. 3.
363
UK Government, Sporting Future: A New Strategy for an Active Nation, London: Cabinet Office, 2015, p. 73.
364
African Development Bank, East Africa Economic Outlook 2019, African Development Bank, 2019, p.45.
 82

further reduce on how much EAC economies spends on medical bills annually. Saved monies can
then be diverted to other developmental projects. This is another socioeconomic benefit of sports.

4.2.7 Reduction in the crime rate

Banks,365 who studies youth and insecurity in Arusha (a city in Tanzania) opines that many youths
move to urban centres expecting to find jobs. The youth end up frustrated and in dire poverty after
failing to finds jobs thus resorting to illegal means to sustain livelihoods. 366 Just like Arusha, many
communities in EAC are struggling with the challenge of high crime rates or insecurity.

According to the United Nations Office on Drug and Crime (UNDOC), sports can be employed to
prevent crime. 367 A study368 carried out in England indicates that an increase of only 10% in sports
participation decreases 1.56% of crimes against a person such as rape. Similarly, all the respondents
to this study unanimously agreed that sports activities can absorb the big numbers of the would be idle
youths from criminal activities into sports activities. Sports activities cut off the supply chains of
criminal gangs and feed numbers into sports centres. The would be criminal burden is then turned into
a productive force.369

4.2.8 Social integration

The EAC Treaty370 provides that EAC integration ought to involve the EAC citizens. The integration
ought to capture women371, children, the elderly, and persons with disabilities 372. This advances the
EAC operational principle of people centeredness and social integration.

All the respondents in this study unanimously agreed that sports offer unique suitable avenues that
capture all persons. A president of a sports federation in Uganda 373 was of the view that sports
tournaments capture all categories of people can be organised regularly. These create a bond of unity

365
Banks, N., Youth Poverty, “Employment and livelihoods: Social and Economic Implication of Living with Insecurity
in Arusha, Tanzania”, 28(2), Environment and Urbanization, 2016, pp. 437-440.
366
Banks, N., 2016, p. 23.
367
UNDOC, Crime Prevention through Sports, UNDOC, 2018, available at
https://www.undoc.org/dohadeclaration/en/topics/crime-prevention-through-sports.html (accessed on 16th/05/2021).
368
Brosnan, S., “The impact of Sports Participation on Crime in England between 2012 and 2015”, MPRA, 2017, p. 3,
available at https://mpra.ub.uni-muenchen.de/78596 (accessed on 16th/05/2021).
369
Response by a sports lawyer practicing in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
370
Treaty for the Establishment of the East African Community, 1999, Article 5(3) (d) and Article 7(1) (a).
371
Ibid, Article 121.
372
Ibid, Article 120 (c).
373
An interview with the President of the Uganda Swimming Federation conducted by the researcher on 10th April 2021,
Kampala.
 83

amongst East Africans and sire a sense of community citizenship that is blind to any form of
discrimination. Thus, the EAC may use sports to fulfil the EAC Treaty obligations

4.2.9 Sport as a vehicle to tackle internally displaced persons (IDPs) and refugee related
challenges
The EAC Treaty374 requires Partner States to jointly establish refugee management mechanisms in
unison. The office of the United National High Commissioner for Refugees (UNHCR) concluded that
for many refugees and IDPs, especially the children, sport is more than a leisure activity. 375 It is offers
the chance to heal, develop and grow.376 Studies show that sports are an ideal tool in integrating and
reintegrating victims of forced migration into communities. 377

The EAC has numerous examples of refugees that have eventually turned into global stars through
sport. Awer Mabil was born in the Kakuma refugee camp (Kenya) to South Sudanese parents. He
started playing football in the refugee camp.378 He is now a professional footballer in Australia valued
at up to three million Euros in transfer fees. 379 Pione Sisto is another South Sudanese professional
player who was born to South Sudanese refuges in Uganda but went on to play in the biggest club
competition in the world, the UEFA Champions League. These are positive indicators of how much
sports can be used to better lives of refugees and IDPs.

In conclusion to this segment, the author is convinced that sports have the potential to midwife several
social and economic benefits once accorded due attention. This approves the first limb of the
hypothesis to this study to larger extent with limitations on the benefits exportation of talent and
remittances.

4.3 Challenges in East African Sports Industry

This segment is set out to test the second major limb of the hypothesis to this study. To wit, whether
the sports industry is plagued by numerous challenges that are diluting the potency of sports to benefit

374
Treaty for the Establishment of the East African Community, 1999, Article 124 (4).
375
UNHCR, “Sport Partners”, UNHCR, 2021, available at http://www.unhrc.org/sport-partnerships.html (accessed on
2nd/08/2021)
376
Ibid.
377
Amara, M., et al, The Role of Sports and Education in Social Inclusion of Asylum Seekers and Refugees: An
Evaluation of Policy and Practice in UK, Loughborough: Loughborough University, 2004, p. 20.
378
FIFA, “Mabil and Sisto: Out of Adversity Comes Opportunity”, FIFA, 16th/09/2020, available at
https://www.fifa.com/tournaments/mens/worldcup/qatar2022/news/mabil-and-sisto-out-of-adversity-comes-opportunity
(accessed on 3rd/08/2021).
379
Transfer Market, “#we11 Awer Mabil”, Transfer Markt.com, available at https://www.transfermarkt.com/awer-
mabil/profil/spieler/255729 (accessed o 3rd/08/2021).
 84

persons in EAC. And whether the identified challenges can be cured vide a legal instrument. The
segment targets challenges by the entire sports industry and those specific to athletes.

4.3.1 General Challenges

4.3.1.1 Fusing sports ministries with other ministries
In Uganda, the ministry responsible for sports is under the “Ministry for Education and Sports”, in
Burundi it is under the “Ministry of Culture and Sports”, in Kenya it is under the “Ministry of Sports,
Culture, and Heritage”, for Tanzania it is under the “Ministry of information, Culture, Arts and Sport”
and for South Sudan it is under “Ministry of Culture, Youth and Sports”. The same approach was
also adopted in the formulation of the East African sectoral committee, “The East African Sectoral
Committee on Education, Science and Technology, Culture, and Sports”. 70% of the respondents in
this study agreed that fusing the sports ministries with other ministries of government is detrimental
to sports development. While 30% were hesitant to agree arguing that although it is desirable, having
separate sports ministries is not feasible in the EAC least developed countries.

Only in Rwanda is sport given a stand-alone ministry. This was effected in 2019 when the sports
sector was separated from the cultural sector. According to an international sport lawyer based in
Kigali380, this has made a huge difference as sports matters are given more attention and efficiency.
Without prejudice to the importance of other ministerial sectors, clustering sports with other sectors
distorts the would-be attention accorded to sports. In the Uganda budget allocations for the financial
year 2020-2021, the ministry of education and sport was allocated 3.286 trillion Uganda shillings but
only 18 billion shillings was allocated to sports. This is equivalent to about 0.55% of the entire
ministerial budget. The percentage almost vanishes once tallied against the entire national budget.

4.3.1.2 Corruption in sports

In 2019, Mr Aimable Bayingana, the then president of Rwanda Cycling Federation was forced to
resign following multiple allegations of corruption levied against him. 381 The president of the
Uganda’s Football Federation (FUFA) Moses Magogo pleaded guilty to financial irregularities 382
while former Tanzania football boss, Jamal Malinzi was also found guilty of corruption. 383 The above
highlight that sports in EAC is prone to corruption.

380
An interview with an international sports lawyer based in Rwanda conducted the researcher on 13th May 2021, via
Zoom.
381
Sport24, Rwanda cycling boss resigns over corruption, sexual assault allegations, 7 th Dec, 2019, available at
https://www.news24.com/sport/cycling/rwanda/-cclying-boss-resigns-over-corruption-sexual-assault-allegaations-
20191207 (accessed on 24th Feb, 2021).
382
Agaba, A., 2021, p. 12.
383
Awami, S., 2021, p. 12.
 85

It is a challenge that 100% of the respondents in the study agreed to be existent in the region. Sports
administrators are found of using funds that would have been used to develop the beautiful games for
different agendas.384 EAC countries end up losing lots of funds to corruption in sports.

4.3.1.3 Low levels of consumption of local sports

All the respondents to the study attested to the fact that East Africans generally consume local sports
at a very low levels. Most of the fans are instead obsessed with consuming sports from the developed
worlds, especially Europe.385 Traveling through Kenya, Tanzania and Uganda by road, the researcher
easily observed sports merchandise like football jerseys of European clubs such as Chelsea,
Barcelona, Manchester United, Real Madrid, Arsenal, Bayern Munich, Liverpool, Inter Millan and
the like being littered across the streets for sale. Television companies in EAC such as Multi-Choice
are always advertising European and American (Basketball) games to be televised live. Many East
Africans pay to watch such games in bars, video halls or theirs homes. Unfortunately, that love is
hardly given to local sports. The same East Africans hardly consume local sports. The stadia, much
closer to East Africans remain half occupied or barely empty during local games. 386

The only exception is Tanzania where the natives consume local sports at fairly high levels. The love
for local games in EA’s largest country can hardly be matched across Africa. Fans in Tanzania fill
stadiums, cinema halls, sports pubs and some even stand by the streets to local watch games from
nearby screens. The streets in Tanzania erupt with jubilation when a local team scores. This is
something that the rest of East African States only experience during big international games or when
big European clubs such as Chelsea Barcelona, Manchester United Real Madrid, Arsenal, Liverpool
and the like play against each other. A sports marketer based in Tanzania opined that the game football
is part of culture in Tanzania. 387 Many Tanzania easily identify with their local football clubs than
their tribes or religions.388

During a webinar389, a Kenyan sports investor and administrator brought out an ironic observation
about EA sports consumption culture. She pondered why she often met large groups of people
watching young children play street football, watching open community games in the local fields, yet

384
An interview with an international sports lawyer based in Rwanda conducted by the researcher on 13th May 2021, via
Zoom.
385
An interview with the Secretary General of the Uganda Olympic Committee conducted by the researcher on 10th
April 2021, Kampala.
386
Response by a sports lawyer practising in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
387
An interview with a sports marketer in Tanzania conducted by the researcher on 8th August 2021, Dar es Salaam.
388
Ibid.
389
Mumbo, C., “Football and Marketing in Africa”, The Africa Football Business Show, 1st/04/2021.
 86

the teams in the Kenyan Premier League often play in near empty but fancy stadiums? Could it be
that maybe Africa should not necessarily follow the European model of collecting fees at gates of
stadia?390 She opined that maybe fans should be allowed to enter stadia freely. This would lead to
large numbers of fans that sponsors would be willing to pay for at a price much higher than the average
gate collections. 391

4.3.1.4 Sports facilities and infrastructural challenges

This is another challenge that all the respondents in this study unanimously agreed to. In 2015, Hon.
Nadia Arop Dudi, the then minister of sport of South Sudan admitted that although South Sudan was
blessed with a lot of talent, it had no infrastructure to develop the talents. 392 In May 2020, FIFA and
CAF blacklisted Uganda’s Mandela national stadium as unsuitable to host and international football
game. 393 In a meeting with a Parliamentary committee, the Minister responsible for sports told the
members of Parliament that Uganda may be forced to host her world cup qualifier games outside the
country because it has no stadium that meets the threshold of an international playing tough.394

This gap is also acknowledged in the East Africa Youth Policy. 395 The policy goes further to note that
even the few available facilities are not easily accessible to all. The private investors or clubs that try
to import quality equipment are subjected to high taxes. 396 This dents talent development efforts. This
lack of sports facilities makes it difficult for athletes to train at the required standards. 397 Many athletes
remain unfamiliar with quality playing toughs and equipment and only find them one competition
days. Some athletes are forced to use sub-standard equipment even in international competitions. For
example, the Paralympic athletes (with disabilities) are forced to use much heavier bicycles than their
international counterparts.398 This makes it harder for such athletes to perform well on the
international scene. Sports facilities related challenges are also broadly discussed under part 3.4.4.1
of this dissertation.

390
Mumbo, C., “Football and Marketing in Africa”, The Africa Football Business Show, 1st/04/2021.
391
Ibid.
392
Mackay, D., “South Sudan have plenty of talented athletes but lack of infrastructure is a problem, admits Minister”,
26th/11/2015, available at https://www.insidethegames.biz/articles/1032000/south-sudan-have-plenty-of-talented-athlets-
but-lack-of-infrastructure-is-a-problem-amits-minister , (accessed on 10th/02/2021).
393
The Observer, Minister: Uganda could play World Cup home games from abroad, The Observer, 21 st/04/2021,
available at https://observer.ug/news/headlines/69444-minister-uganda-to-play-world-cuphome-game-from-abroad
(accessed on 21st/04/2021).
394
Ibid.
395
EAYP, 2013, p. 9.
396
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
397
An interview with a sports investor in Kenya conducted by the researcher on 30th March 2021, via Zoom.
398
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
 87

4.3.1.5 Limited funds

90% of the respondent agreed that not funds are being invested into sports enough Very little is being
invested in sports while 10% were not persuaded about the accuracy of the statement. The later was
of the view that even though State funding was necessary, it should never be the end game. The sports
industry ought to target self-sustenance as the central financial pillar. 399

The secretary general to the Uganda Olympic committee stated that sports industries in EA have
limited funds. 400 Not enough to enable the industry flourish to international standards. The sports
sector, just like any other sector needs financial support from the government. 401 The “All Africa
Games” that earned two million USD in revenue by the ninth edition of the games offer a good lesson
for the EAC that can arrange similar games. That notwithstanding, the governments ought to make
initial investments into the sector for a reasonable time to enable the sector take off.

4.3.1.6 Unbalanced resource allocation

In an interview with a president of a National Sports Federation in Uganda 402, the president intimated
that majority of government funds in the country are allocated to few sports disciplines. This was
compounded by a captain of the Uganda’s national rugby team. 403 The captain stated that most of
State support is allocated to football, despite the fact that there are other better performing disciplines
on the international scene. 404 The captain added that though teams in rugby and netball had reached
their respective international final tournaments, their success isn’t reflected in terms of funding. The
State is instead nail bent to funding text book sports disciplines no matter their dwarfed returns. The
legal officer from the Uganda National Council for Sports responded to this by stating that
governments fund active federations. 405 Football is allocated more funds because it has more activities
and appeals to more people. That notwithstanding, developing sports disciplines also need financial
support, especially those that fetch success at the global scene.

Another dimension of this challenge is giving little or no attention to grassroots sports development.406
Governments and sports federations often spend on senior teams or premier leagues and turn a blind

399
An interview with an international sports lawyer in Spain conducted by the researcher on 27th May 2021, via Skype.
400
An interview with the Secretary General of the Uganda Olympic Committee conducted by the researcher on 10th
April 2021, Kampala.
401
Ibid.
402
Ibid.
403
An interview with the captain Uganda National Rugby team conducted by the researcher on 12th April 2021,
Kampala.
404
Ibid.
405
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
406
An interview with a sports investor in Kenya conducted by the researcher on 30 th March 2021, via Zoom.
 88

eye to junior leagues or teams.407 Ironically, some of the junior teams perform better than the senior
teams. For example, although all EAC Countries senior teams failed to make to the 2021 Africa Cup
of Nations (AFCON), the Uganda under-20 team made it to the 2021 AFCON final game. Thus,
attention has to be reasonably accorded to the junior leagues, women’s sports and Paralympic leagues.

4.3.1.7 Gaps in the legal structures, operating under obsolete legal regimes and non-
harmonisation or approximation of the laws on sports
This challenge was unanimously admitted to by all the respondents operating in Uganda and Mainland
Tanzania where the challenge is more prevalent. The two jurisdictions still have post-colonial laws
that specifically govern the sports industry. That of Tanzania being of 1967 while that of Uganda
being of 1964. In an interview with the legal officer 408 at the Uganda National Council for Sports
(UNCS), the officer revealed that it was difficult to operate under the 1964 Act while is 2021. The
legal officer added that the Act limits the mandate of the Council. Even when the UNCS engineers
novel ideas to benefit sports, the same cannot be implemented because they are not accommodated by
the law that looks at sports as amateur activities as opposed to professional.

The ineptness of the sports law in EAC is demonstrated in the withdrawn case against Niwagira
Ronald Mwiine. The Ugandan football agent was arrested in Kenya on allegations of attempts to fix
a football game in the Kenyan Premier League. 409 The Kenyan Directorate of Public Prosecutions
struggled to formulate suitable charges to be preferred against the accused but in vain. 410 This forced
the Kisumu Magistrates Court to release the accused unconditionally. If there was clear law
criminalising mat fixing, maybe the ending would have been different.

Some EAC countries such as Kenya, Rwanda and Burundi have fairly recent laws while South
Sudan’s only sports related legal provisions are only in the country’s Constitution. The disharmony
in the legal regimes across the six EAC Partner States makes it harder for the States to cooperate in
the sports sector.

The EAC Treaty411 and EAC Common Market Protocol412 mandate the EAC Partner States to
harmonise their all their national laws appertaining to the Community. And one of such community

407
An interview with a sports scholar conducted by the researcher on 15 th May 2021, via Zoom.
408
An interview with a sports scholar conducted by the researcher on 15 th May 2021, via Zoom.
409
Kiyaga, S., “Ugandan football agent acquitted of fraud charges in Kenya”, Football 256, Kampala, 1st/02/2021,
available at https://footbal256.com/ugandan-football-agent-acquitted-of-fraud-charges-in-kenya/ (accessed
23rd/07/2021).
410
Ibid.
411
EAC Treaty, Article 126 (2) (b).
412
EAC Common Market Protocol, Article 47 (1).
 89

mandates is the sports industry. Zeller defines harmonisation of laws as the process of making the
laws similar.413

Professor Olivier Dubos opines that for the EAC, it is easier to achieve harmonisation of laws through
a Protocol as opposed to an Act of the EALA. 414 This is because the process of enacting an Act is
more complicated and bureaucratic. That notwithstanding, the EALA may enact an Act but the Heads
of State may not assent to the Bill leading to a lapse of the Bill in accordance with the EAC Treaty.415
This makes a Protocol the ideal EAC legal instrument to regulate and develop the sports industry in
EAC.

4.3.1.8 Abuse of intellectual property rights

All the respondents to this study acknowledged that the abuse of intellectual rights is a wide spread
problem in the region. The situation is worse for national teams whose jerseys are counterfeited and
sold by individuals in different trading centres. In an interview 416 with a trader in sports kits, the trader
revealed that they (traders) refrain from selling kits of local clubs because the local clubs have agents
that patrol sports shops. These agents may confiscate counterfeited merchandise with their clubs logos
or even goes as far as imposing or threatening fines for illegal distribution or counterfeiting sports
merchandise.417 It is these very agents that distribute and authorise the sale of merchandise from their
respective local clubs. Some local clubs also have sports shops. These also sell genuine sports
merchandise from the clubs and such clubs to make some revenues. But the cheaper counterfeits on
the market are a stiff competition. As for national teams, such structures are not visible. This
encourages many manufacturers and traders to make and sell counterfeited sports merchandise of
national teams.

Media and image right are also common subjects of abuse of intellectual property. The Tokyo 2020
(played in 2021) Olympics games offer a good example. Olympics Kenya issued a public legal
advisory warning all legal bodies, celebrities, influencers against the use of all Olympic properties
such as the “Olympic; Rings, flame, flag”, the words “Olympics”, “#TeamKenya”, “#Tokyo2020” et
cetera without a licence from the National Olympic Committee of Kenya. This was in line with the
IOC Commercial Opportunities Guidelines, 2020. In Uganda, where no such measures were not taken,

413
Zeller. B., CISG and the Unification of International Trade Law, Abingdon: Routledge, 2007, p.12.
414
Dubos, O., “The Different Incarnations of the Member States in Legal Harmonization Processes: A Comparative
Study of the EAC, EU and OHADA”, in Doveling, J., et al (eds), Harmonization of Laws in the East African
Community, Law Africa, 2018, pp. 98-104.
415
EAC Treaty, Article 63 (1) and (2)
416
An interview with a distributor of sports merchandise conducted by the researcher on 11th April 2021, Kampala.
417
An interview with a distributor of sports merchandise conducted by the researcher on 11 th April 2021, Kampala.
 90

social media, print media, televisions and radios were awash of Olympic properties under the Uganda
National Olympic committee when Ugandan athletes Peruth Chemutai, Joshua Cheptegie and Jacob
Kiplimo won medals at the Tokyo 2020 games. Numerous natural and artificial persons, even law
firms posted congratulatory messages to ride their brands on the wings of the success of team Uganda
in spite of the fact that they had no authorisation from the UNOC and neither did they offer any
material support to team Uganda.

4.3.1.9 Match fixing

This is another challenge that 100% of the respondents attested to. Uganda Premier League club
Kyetume FC, was forced to suspend its team captain, goal keeper and defender over allegations of
match fixing. 418 The club insisted that the trio had secured monies to ensure that their club concedes
goals and loses games. 419 Match fixers from local and international betting firms come into the region
with lots of money that they offer to players, game officials and football administrators in return for
fixing game results.420 According to the UNDOC, match-fixing prejudices the unpredictability of
sports which is a vital pillar of sports commerce.421 Match-fixing damages the reputation of sport in
society and is connected to other offences such as corruption and money laundering. 422 Match-fixing
also impairs the image, integrity and sports business. 423 It is thus unfortunate to trace the vice in the
EAC sports industry and measures ought to be taken to combat the vice. More on match fixing is
discussed under the challenge of legal structures in this segment.

4.3.1.10 Limited data and research

All the respondents that were presented with his issue unanimously avouched the lack or limited data
on sports in EA as a major concern that is often overlooked. A scholar 424 of EA sports added that just
like other industries, the sports industry needs to be guided by research. All decisions need to be
guided by verifiable evidence. Unfortunately, there is limited research data on East African sports.425
According to the former vice president 426 of the International Association of Sport Economists, lack

418
Mugooda, B., Kyetume suspends captain, sacks players over match fixing, New Vision, Kampala, available at
https://www.newvision.co.ug/articledetails/100356 (accessed on 4th/05/2021).
419
Ibid.
420
Ssenoga, S., Time to Fight Match-Fixing, New Vision (Kampala), p. 59-60 3rd/05/2021.
421
United Nations Office on Drug and Crime, Resource Guide on Good Practices in the Investigation of Match-Fixing,
Vienna: United Nations, 2016, p. 14.
422
Id, p. 15.
423
R V Mazhar Majeed and others [2011], EWCA Crim 2914.
424
An interview with a sports scholar conducted by the researcher on 15th May 2021, via Zoom.
425
An interview with an international sports lawyer based in Rwanda conducted the researcher on 13 th May 2021, via
Zoom.
426
Andreff, W., “Sport and economic development”, Conference “Play the Game”, Copenhagen, 2000.
 91

of data in the sports industry is not only an indicator of the under development of the sector but also
an ingredient to the elongated under development of the industry.

A sports administrator based in Tanzania added that poor record taking and keeping discourages sports
related research in EA.427 He added that sports bodies and media houses often handle sports documents
carelessly leading to their loss or destruction. He further stated that several accounts of Tanzania’s
rich football history are merely verbal leading to inconsistencies. The versions are also limited. It is
difficult to authoritatively determine historical team line-ups, goal scorers and the like. The EAC
sports stakeholders thus need to draw mechanisms to boost the levels of research, record taking and
keeping on EAC sport so as to attain sufficient data that guides in making proper evidence-based
decisions.

4.3.1.11 Sports and access to justice

All the legal experts that took part in his study unanimously agreed that the sports industry demands
fast and efficient access to justice yet this is hardly possible in EAC countries with the exception of
Kenya. The efficiency in sports’ justice systems can be illustrated using the Tokyo 2020 Olympic
Games. Maxim Agapitov appealed against IOC’s decision to withdraw his accreditation before the
CAS Ad Hoc Division. Three days after the application, the CAS found in favour of the applicant thus
enabling him to join his team mates while the games were still ongoing. 428 Such super-fast and
efficient mechanisms are close to impossible to find in ordinary adversarial or arbitration centres. In
East Africa, only Kenya has a Sports Tribunal. In the rest of such as Uganda cases are still being
lodged before ordinary Courts. These take months if not years to resolve matters. By the time a
decision is out, the season has already ended and the injustice (if any) has already been endured. All
that a successful litigant gets is nugatory decision overtaken by events. More on sports dispute
resolution is discussed under chapter two of this paper. Part 2.3.1 (b), in particular.

4.3.1.12 Limited professional sports personnel

This is another challenge that 100% of the respondents in the study attested to. This was buttressed
by the legal officer at the UNCS.429 The sports industry has few professional coaches, administrators,
marketers, lawyers, sports agents, game officials and the like. The lack of expertise in the industry
midwifes unprofessional behaviours leading to sub-standards sports products on and off the pitch.430
The unprofessionalism of personnel in the industry is partly responsible for the governments and

427
An interview with a sports administrator in Tanzania conducted by the researcher on 8 th August 2021, Dar es Salaam.
428
CAS OG 20/04 Maxim Agapitov V International Olympic Committee.
429
An interview with the legal officer at the UNCS conducted by the researcher on 13th April 2021, Kampala.
430
An interview with a sports investor in Kenya conducted by the researcher on 30 th March 2021, via Zoom.
 92

public perceiving sports through amateur lenses. The NOCs in the region still give free technical
courses but these are lowly and irregularly attended.

The few available professionals in the industry often work on volunteer basis. 431 Such volunteerism
forces these experts to divide the time between their day jobs and serving the sports industry and often
sport gets the least time.432 Ideally, the industry ought to employ professionals who will dedicate their
attention towards serving the sports industry.

4.3.2 Challenges faced by athletes in East Africa

4.3.2.1 Sexual assault
Available literature indicates that in 2014, about 64% of the female athletes in Kenyan sports camps
were sexually harassed. 433 In Rwanda the former president of Rwanda Cycling Federation was
accused of sexual molesting female cyclists. 434 80% of the respondents to this study also avouched
that the vice is traceable in sports camps in the region while 20% were of the view only isolated
incidents may be happening but the vice generally not wide spread to deter sports development.

A sports administrator435 was of the view that male and female athletes in EA are often sexually
abused. This normally happens in sports camps where privacy and safety may be compromised. It
also happens when the athletes are desperate for playing opportunities on different teams. Sports
managers and administrators then ask for sexual favours in exchange for breakthrough playing
opportunities. This compromises the athletes’ right to play. And exposes athletes to sexually related
dangers such as sexual transmitted infections and unwanted pregnancies that heavily dent the careers
of athletes.

4.3.2.2 Lack of social security benefits upon retirement

During the 2020 COVID-19 lockdown in Uganda, former Uganda Cranes captain, Jimmy Kirunda,
collapsed while taking a lonely walk under the scorching sun in a Kampala suburb. 436 He died soon
thereafter. At the time of his demise, the former captain was jobless, drawing from no social security

431
Ibid.
432
An interview with the President of the Uganda Swimming Federation conducted by the researcher on 10th April 2021,
Kampala.
433
Rintaugu, E., et al, “The forbidden acts: Prevalence of sexual harassment among university female athletes”, 20(3:1)
African Journal for Physical, Health Education, Recreation and Dance (AJPHERD), 2015, pp.974- 981.
434
Sport24, “Rwanda cycling boss resigns over corruption, sexual assault allegations”, Sport24, 7th/12/2019, available at
https://www.news24.com/sport/othersport/cycling/rwanda-cycling-boss-resigns-over-corruption-sexual-assault-
allegations-20191207 (accessed on 7th/07/2021).
435
An interview with a sports administrator in Uganda conducted by the researcher on 13 th April 2021, Kampala.
436
Daily Monitor, Former Uganda Cranes captain Jimmy Kirunda dies, Daily Monitor, 25th/05/2020, available on
https://www.monitor.co.ug/uganda/sports/soccer/former-uganda-cranes-captian-jimmy-kirunda-dies-1891666, accessed
on 28th/03/2021).
 93

fund or pension. The late Kirunda could no longer afford his medical bills among other basic
necessities.437 Though the late Kirunda played for several top tier clubs and served his country well,
he had no social security when he needed it most. The situation is much worse for athletes who do not
even make it to elite stages as the late Kirunda did.

70% of the respondent presented with this item attested to the prevalence of this challenge amongst
retired athletes. While 30% of the respondents were of the view that challenge is that of
mismanagement of earnings by the often young athletes during their prime time. The International
Labour Organisation (ILO) acknowledges that athletes have shorter working careers than ordinary
workers.438 Athletes averagely earn lots of monies at an early age and stop earning in their 30s. The
young athletes are prone to mismanaging such early earned wealth without social security savings.439
Without social security, athletes then retire into extreme poverty, surviving on the mercies of a few.
This makes sport unattractive to younger generations as the look at former elite athletes deteriorate
into abject poverty.

This challenge is compounded by limited medical facilities and insurance coverage for athletes. An
elite athlete440 revealed that commonly in the EAC regional sports industry, bad injuries mean early
retirements for athletes. Many athletes are forced to abandon their talents prematurely simply because
no one is willing to foot their medical bills. Most of the time, the athletes are not in position to cover
their medical bills. 441 The local capacity to treat such athletes cheaply while at home is largely absent.
The athletes often have limited or no medical insurance cover. When such injuries force athletes into
early retirement, their legal relationships with their clubs don’t afford them workers’ compensation.
The supreme court of Michigan stressed that athletes who sustain career threatening injuries in the
field of play or training are entitled to workers’ compensation as other workers. 442 Sadly, very few
athletes have employment contracts to entitle them to such benefits. This leaves injured athletes with
the tough option of career abandonment.443

437
Misagga, B., Demise of Kirunda reveals FUFA’s purge on ex-internationals, The Observer, 5th/06/2020, available at
hhps://observer.ug/sports/65074-demise-of-kirunda-reveals-fufa-s-purge-on-ex-internationals, (accessed on
28th/03/2021).
438
ILO, Decent work in the world of sport, Geneva: ILO, 2020, p.20.
439
An interview with a sports scholar conducted by the researcher on 15th May 2021, via Zoom.
440
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
441
Ibid.
442
Bezeau v. Palace Sports & Entm't, Inc., 795 N.W.2d 797 (Mich. 2010)
443
An interview with the captain Uganda National Rugby team conducted by the researcher on 12th April 2021,
Kampala.
 94

4.3.2.3 Non-payment or under payment of athletes

60% of the respondents agreed that many athletes in the region are paid little or nothing in return for
their athleticism while 40% disagreed. A football agent 444 in Tanzania was of the view that sports in
EA do not make lots of monies to handsomely pay athletes. He added at times the quality athletes do
not justify the monies that the athletes demand for.

On the other hand, the captain of the Uganda Rugby cranes stated that athletes are often promised
benefits but the promises are hardly kept. 445 Recently, FUFA president Moses Magogo castigated the
Ugandan football team that represented the country in the African Nations Championships (CHAN)
for demanding for their allowances yet in his own words they played “shitty football” (sic).446
Athletes like other people have bills to pay many of which remain unpaid. These bills take a toll on
the psychological alertness of athletes on and off the pitch. Athletes at times forego their training
schedules so as to engage in other activities that may enable them to finance their livelihoods.

4.3.2.4 Lack of legal representation

All the respondents with legal expertise attested to the fact that many of the athletes in the regional
industry do not have or seek legal representation. This is why the relationship between athletes and
their sports clubs is often blurry. Athletes hardly sign any form of contracts with their clubs, they are
simply promised benefits in return for their playing time or winning games. 447 The situation gets even
worse in case the athletes have anti-doping related issues. 448 Most of the athletes have no knowledge
of the annually changing WADA prohibited substances. Some of these substances can be found in
random foods or medicines consumed locally. Athletes have often no knowledge of the WADA
Therapeutic Use Exemptions (TUEs) that allow athletes to use certain prohibited substances for
medical purposes. Once charged for doping, which is a strict liability offence in the sports realm,
many athletes in the region self-represent themselves thus ending with severe sanctions. 449

In conclusion, the second limb of the hypothesis to this study has been partially proved. Though there
are contestations on some identified challenges such as lack of funds in the sports industry, under/non-

444
An interview with a football agent in Tanzania conducted by the researcher on 8 th August 2021, Dar es Salaam.
445
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
446
Damba, A., Magogo blatantly claims CHAN players have no right to demand for remunerations, Football 256,
7th/04/2021, available at https://football256.com/magogo-blatantly-claims-chn-players-have-no-right-to-allowances/
(accessed on 9th/04/2021).
447
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
448
Ibid.
449
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
 95

payment of athletes and lack of social security, the study has proved that there are challenges in EAC
sports industry. Many of these generally affect the industry while others impair athletes. Further
discussion on this limb of the hypothesis is under part 4.5 of this study.

4.4 Opportunities for Development of the East African Sports Industry

This segment is set out to test the third and final limb of the hypothesis to this study. To wit, whether
there are several opportunities indicating that the EAC can still reap immense benefits from sports.
And that these opportunities can be substantially consolidated through a legal instrument on sport.
This is geared towards assessing the viability of investing resources in the sports EAC sports
ecosystem.

4.4.1 Electronic sports (e-sports)

E-sports are electronic games that may be played online or offline, humans against machines or human
against human(s) through a computer(s). The sports world is gradually embracing e-sports as e-sports
move closer to being scheduled as an Olympic sport.450 According to a 2020 report451, e-sports
properties are growing at a rate of at least 15.7% per annum and will generate revenues of about 1.1
billion USD in 2021 alone.

All the respondents that were presented with this item agreed that EA has the potential to strongly
compete and reap from e-sports. EA is littered with esports talents such as Sylvia Gathoni, the first
female Kenyan professional esports athlete. 452 Many of such talents are not aware of the opportunities
that the industry presents such as sponsorships with global brands like Red Bull, PUMA, Adidas et
cetera. The EAC can set up formal structures to detect regional esports talents and help connect or
register them to verified e-sports teams with financial returns.

4.4.2 Demographics
East Africa has a total population of about 190 million. 453 Majority of which are youths. At least 62%
of the population is under the age of 24. 454 Studies show that the average age for an athlete’s prime

450
Reidy, G., “Esports Take Step Closer to Becoming an Olympic Sport”, Bloomberg, 23 rd/04/2021, available
http://www.bloomberg.com/news/articles/2021-04-23/esports-a-step-closer-to-olympics-as-ioc-to-hold-virtual-event
(accessed on 7th/05/2021).
451
Newzoo, 2020 Global Esports Market Report, Newzoo, 2020, p. 5.
452
Munnik, J., “Esports is on the rise in Africa and these two Kenyans are leading the charge”, CNN, 3rd/12/2020,
available at https://edition.cnn.com/2020/12/03/sport/Africa-esports-kenya-queen-arrow-beast-spc-intl/index.html
(accessed on 7th/05/2021).
453
African Development Bank, East Africa Economic Outlook 2019, African Development Bank, 2019, p.45.
454
African Institute for Development Policy, East African Regional Analysis of Youth Demographics, university of
Southampton, 2018, p. 8.
 96

performance is between the ages of 20 to 30.455 All the respondents to this study unanimously that the
young population is an opportunity for the EAC to grow the large pool of world class athletes for
home consumption and export to the global sports market. An international sports lawyer based in
Kigali added the young population is dressed with the zeal and time to try out several sports disciplines
in search for their natural sports talents. 456

4.4.3 Favourable climate and topography

Studies consider favourable climate and topology as macro factors necessary for sports development
that are hardly adjustable. 457 90% of the respondents presented with this item agreed that EA is blessed
with a range of seasonal climatic conditions that can enable athletes in the regions train and compete
in various sports disciplines. 10% of the respondents were sceptical of agreeing citing the harsh
climatic conditions in some parts of South Sudan, Northern Uganda and Kenya as being unfavourable.
In addition, athletes in EA cannot train for winter games. 458

An elite athlete459 made an observation that the region also has a landscape with a range of features
that enable athletes train a play a variety of games. The East African topology captures high and low
altitude areas, a coastline, inland water bodies among other features. The climate and topology also
enables the regions to grow a variety of natural foods that naturally enhance the natural body
performances without resorting to doping. These are open opportunities for the region to explore.

4.4.4 Natural talent and sports success in EA

All the respondents to this study avouched that EA is blessed with a plethora of natural sports talents.
The men’s full marathon all-time top ten list is comprised of seven Kenyans. The first human to run
a full marathon under two hours, the world record holders of the men’s 5000 meters, 10,000 meters
and women’s half marathon are all from EA. A sports agent 460 in EA asserts that though the sports
successes may be accidental with little or no deliberately set frameworks, they are proof that the region
is endowed with sports talents despite the numerous hardships in the regional sports industry.

455
Longo, A. et al., “Age of peak performance in Olympic sports: A comparative research among disciplines”, 11(1),
Journal of Human Sport and Exercise, 2016, pp. 31-34.
456
An interview with an international sports lawyer based in Rwanda conducted the researcher on 13th May 2021, via
Zoom.
457
Bosscher, V., 2015, p.41.
458
Response by a sports lawyer practicing in Uganda and Rwanda to a questionnaire administered by the researcher on
19th April 2021, via email.
459
An interview with the captain Uganda National Rugby team conducted by the researcher on 12 th April 2021,
Kampala.
460
An interview with a sports agent in Tanzania conducted by the researcher on 8 th August 2021, Dar es Salaam.
 97

Professor Njororai further opines that many clubs in the region should make efforts to know how
Simba FC (Tanzania) has managed to grow over time against the odds.461 Through such exchanges,
there is knowledge and skill transfer in the sport industries. 462 Sports entities in the region thus ought
to help out each other through sharing skills and knowledge of the sports sector. An example of such
knowledge and skill transfer is between Ugandan rugby and rugby in Rwanda. Rugby coaches from a
higher ranked Uganda go to Rwanda to train the Rwandese rugby teams. One of such coaches is Mr.
Wafula Herbert who went as far as leading the Rwandese national rugby team to a cup final.

4.4.5 Pre-existing integration structures

Scholars Zakharova and Melnik 463 opine that regional integration structures, especially those
established at the stage of a common market are of importance to sports industries. The EAC currently
has existent regional integration structures onto which the sports industry can pounce. These include
the Common Market that allows free movement of sports merchandise, athletes and capital across the
EAC. The Customs Union that can jointly allow sports bodies or clubs to freely or cheaply import
advanced sports equipment that is not produced locally. The East African passport that eases
movement and identification among other regional structures.

In fact, several athletes in EAC are already professionally playing across borders. For example Taddeo
Lwanga (Ugandan), Joash Onyango (Kenyan), Meddie Kagere (Rwandan) play for a Tanzanian club,
Simba. While Burundian, Saidi Ntibazonkiza plays for Young Africans, another Tanzanian club. The
eased movement of these athletes across the EAC strengthens the general EAC integration agenda and
makes free movement of labour in the regions evident.

An international sports lawyer 464 argues that the EAC sports industry ought to employ the already
existing regional structures as it awaits a possible sports Protocol to generally handle issues unique to
the sports industry. Parts 2.7 and 2.8.1 of this dissertation further discuss sports and regional
integration.

4.4.6 Available scholarship and research opportunities

The secretary general465 of the Uganda Olympic Committee intimated that NOCs are offering free
sports related courses. Academic institutions are teaching sports related courses such as Bachelor of

461
An interview with a sports scholar conducted by the researcher on 15th May 2021, via Zoom.
462
An interview with an international sports lawyer in Spain conducted by the researcher on 27th May 2021, via Skype.
463
Zakharova, I.L. and Melnik, E. T., 2020.
464
An interview with an international sports lawyer based in Rwanda conducted the researcher on 13 th May 2021, via
Zoom.
465
An interview with the Secretary General of the Uganda Olympic Committee conducted by the researcher on 10th
April 2021, Kampala.
 98

Education in Physical Education and Sports Sciences at the University of Dar-es-Salaam. The IOC
and FIFA are also offering annual research scholarships in football related research. These are
opportunities that East Africans ought to embrace so as offer professional leadership and guidance to
the regional sports industry.

The legal counsel to the UNCS expressed her dismay to the fact that these such courses are offered
free of charge, they are hardly taken up by individuals who operate or wish to operate in the sports
industries. This feeds into the regional sports industry having few professionals to work with.

4.4.7 International support funds

The general secretary to the Uganda National Olympic Committee also attested to the fact that there
are existent global funding schemes directed towards sports development. 466 Sports funds from the
Olympic solidarity and funds from international sports federations such as FIFA also present an
opportunity to develop the regional sports industry. Under the Olympic Charter, the IOC may direct
support towards regional sports activities. 467 Thus the EAC regional sports structures once put in
place, may successfully solicit and get financial aid from such international sports bodies to develop
sports in the region.

In conclusion to this segment, the third limb of the hypothesis to this study has been partially approved.
There exist several opportunities that make investments in the EAC sport industry viable. Further
analysis of this limb is under part 4.5 of this study.

4.5 The Need for a legal instrument on sports

This study has largely proved that the sports industry in the EAC is plagued with several challenges
as discussed under part 4.3 of this dissertation. The study also proves that in spite of the said
challenges, there are indicators that the EAC sports industry is still a viable investment target. Legally,
the EAC can enact two legal instruments to remedy the challenges facing the EAC sports industry and
well position the REC to share and reap the benefits of a vibrant sports industry. Either Acts of EALA
or a Protocol.

An Act of the EAC is defined as a law made by the EALA. 468 EAC Acts have limitations. The EALA
is barred from proceeding on any Bill that that imposes a charge on the EAC fund. 469 Yet as discussed
under part 4.3 of this study, the EAC sports industry needs to be funded. This is why solely, an Act of

466
Ibid.
467
Olympic Charter, Bye-law to Rule 2.
468
The Acts of the EAC Act, 2003, section 2.
469
EAC Treaty, Article 59 (2) (a) (i).
 99

the EAC is not the ideal legal instrument that ought to be employed while dealing with the sports
industry. Nonetheless, an Act or Acts of the EALA may later be enacted to operationalize provisions
a viable legal instrument governing the sports sector in EAC.

As discussed under part 2.5 of this dissertation, Protocols are legal instruments that create legal
regimes that bind State Parties to the subject Protocol. EAC Protocols are an integral part of the EAC
Treaty. 470 This is why the researcher is convinced that a Protocol is the most suitable legal instrument
that ought to be employed in the regulation, development and management of the EAC sports industry.

Through a Protocol on sports, EAC Partner States can create a legal regime that insulates or mitigates
the challenges faced by athletes and sports clubs in EAC. For example, on the challenge of match
fixing, Article 15 of the EU Convention on Manipulation of Sports Competitions (2014), mandates
all EU Member States to domestically criminalize the manipulation of sports competitions. The EAC,
whose Member States like Uganda and Mainland Tanzania have largely archaic laws, can similarly
offer protection to the sports industry through a Protocol focusing on sports.

Through a Protocol on sports, the EAC Member States can create mechanisms to jointly fund the
sports industry and ease sports-related investments. This would enable development of sports facilities
thus enabling the progressive realization of the right to sports, talent search and development.

A Protocol on sports would further enable the EAC create technical bodies that jointly and
harmoniously handle issues that are specific to the sports industry. For example, management of sports
facilities, access to justice, data collection and protection, sports research, sports medicine, anti-
doping, sports education and promotion, talent search and development, et cetera.

With the above in place, aided by a Protocol, the EAC would be able to protect and stimulate the
sports industry in the REC.

The above fully approves the second and third limbs of the hypothesis. To wit, that through a legal
instrument, the EAC can address all the challenges that plague the EAC sports industry. And thus
enable the EAC to exhaustively reap the social and economic benefits of sports.

4.6 Conclusion
The three main limbs of the hypothesis to this study have been largely approved by this study basing
on the relevant documents, interviews and questionnaires. It has been proved that sports industry
offers numerous benefits that amplify regional economic integration. It has also been largely proved

470
EAC Treaty, Article 151 (4).
 100

that the sports industry in across the EAC is plagued by various challenges. And that these challenges
can be addressed through a modern Protocol on sports. It has also been proved that there are still
several opportunities in the EAC sports industry that make it a viable investment target. And that these
opportunities can be consolidated vide a regional Protocol on sport.

100% of the respondents agreed a regional legal instrument as EAC level can address the challenges
facing sports in EA and streamline sports development in EAC. The researcher is firmly convinced
that through a regional protocol on sport in the EAC, the EAC take harmoniously and in unison
address the challenges facing the EAC sports industry. And further insulate the EAC sports industry
from foreseeable challenges. The researcher is further convinced that through the regional Protocol
on sports, the EAC can jointly invest resources into deliberate sports development across the REC.
With the above arrangements in place, the EAC can then brace herself to reap from the several benefits
that are midwifed by a vibrant sport industry.

4.7 Summary of Findings

The study found that the concepts of regional integration and socioeconomic development equally
relate the sports industry. Sport easily fits into the regional integration process and the process of
socioeconomic development. The SADC and EU are the examples of RECs that the EAC can
benchmark from on matters relating to sports and regional integration. While EU’s approach to sports
is largely successful that of SADC is still clumped down by several challenges. Both scenarios offer
the EAC valuable lessons.

At the EAC regional level, the EAC Treaty provides for sports as one of the areas of integration.471
The EAC Common Market Protocol also mandates Partner States to promote sports and create
employment opportunities. 472 The Common Market Protocol allows for free movement of persons,
labour, goods, right of establishment, right of residence, free movement of services and capital. These
a fundamental in the modernisation the sports industry. In spite of the existence of the above
provisions, the EAC is yet to pay due attention to the sports industry as a facet of regional economic
integration. The study found that an EAC Protocol on sports is the most suitable legal instrument to
for sports regulation, management and development.

The study further found that sports have numerous socioeconomic benefits. These include economic
stimulation, sectoral development linkages, creation of employment opportunities, increasing labour

471
EAC Treaty, Article 119 (a)
472
EAC Common Market Protocol, Article 39 (3) (K).
 101

productivity, improving the REC’s international image, enhances remittances, health benefits, finding
solutions to forced migrants (refugees and IDPs), reducing crime rates and social integration. The
EAC is currently getting negligible portions of these benefits. Albeit, the EAC can position its self to
reap more of the sports benefits.

The study found further found that the EAC sports industry faces several challenges. These include
corruption, binding sports ministries with other ministerial departments, low levels of consumption of
local sports products, infrastructural challenges, limited funds, unbalanced resource allocation,
operating under obsolete legal regimes, non-harmonised legal regimes in the region, abuse of
intellectual property rights, match fixing, limited research, low levels of sports research data,
cumbersome access to justice, and limited professional personnel in the sports industry. These
challenges have stunted the growth of the sport industry in the region. Albeit, these challenges can be
addressed through a regional Protocol.

The athletes in the region also face challenges of their own. These include sexual assaults, lack of
access to social security, non-payment or low payments, limited medical facilities and lack of medical
insurance cover and lack of legal representation. These challenges force many talented athletes to
either abandon the games or flee from the region. The challenges that the athletes face at the end of
their careers make the industry unattractive to young athletes thus discouraging the young stars from
further developing their talents. These challenges can equally be addressed vide a Protocol on sports.

The EAC sport industry also has positive indicators that make it a viable investment option. These
include the growth e-sports in the region, favourable demographics, conducive climate and topology,
existence of natural talents, pre-existing integration structures, sports success in the region, available
sports scholarships and research grants and the probable international sports support funds. These are
positive signs of the possibility of having a vibrant sports industry with the capacity to improve the
socioeconomic levels of the people in the EAC. Nonetheless, the EAC ought to deliberately
consolidate and materialise these opportunities with the aid of a regional Protocol on sports.
 102

CHAPTER FIVE
CONCLUSION AND RECCOMENDATIONS

5.1 Introduction
This is the final chapter of this study. The chapter entails the researcher’s general conclusions and
recommendations tailored for specific stakeholders in the EAC sports industry. The recommendations
present avenues through which the sports industry in EA can be bettered. The researcher also suggests
an area for possible future research on the subject

5.2 Conclusion
The thesis of this study presupposed that that there is a link between sports law and socio economic
development in the East African Community. The findings of this study have largely proved the
hypothesis.

The first objective of the study was to detect the nexus between regional economic integration and the
sports industry. The study found that the sport industry is a facet of regional integration. The common
market stage or regional economic integration is the most vital to the sports industry. Especially the
aspects of freedom of movement of persons, labour and the right of establishment.

The second specific objective of this study was to assess how the lack of a comprehensive and
harmonious legal framework on sports in the EAC is affecting sports in the region. The study proves
that effects are negative. The disharmony in approaches of the EAC Partner States towards sports
makes it more difficult for the EAC States to integrate or cooperate in the sports sector. The different
legal regimes and policy frameworks align the EAC to different priority levels and obligations. The
status quo discourages cooperation or integration in the sports sector. This leaves sports bodies and
athletes largely on their own. The governments only come in to congratulate an athlete or a sports
team upon success that the States had little or nothing to do with. This ought to change.

The third specific objective of the study was to demonstrate the benefits that the East African
Community could reap from tailoring a modern legal instrument on sports in the region. The study
also found that an Act of the EALA is not a suitable legal instrument to be employed in regulation,
management and development of the sports industry in EAC. Fortunately, the alternative option of
promulgating a Protocol on sport is both injury-proof to all and opens up doors to many East African
talents that are yet to be discovered or developed.
 103

A Protocol on sport presents the EAC with an avenue to tackle the challenges clumping down the
EAC sports industry. The Protocol also creates an opportunity for the EAC to deliberately design and
implement means to turn the EAC sport industry into a modern industry. An industry that will uplift
the socioeconomic standards of many East Africans, especially the youth that constitute over 62% of
the REC’s population but struggle with unemployment or under employment.

The above findings feed into the major objective of this study which was to assess the link between
sports law and social economic development in the East African Community. The link has been found
to be existent and strong.

The study has demonstrated that sports present numerous benefits. The EAC on its part has done little
to get the most out of the sports industry. This has led to a situation where the EAC registers only
negligible portions of sports benefits despite the REC’s enormous potential to get the most out of sport
and lift the socioeconomic status of East Africans.

5.3 Recommendations
With the above findings and conclusions of this study, the researcher recommends as follows:

Recommendations to:

5.3.1 Partner States

(a) The EAC Partner States ought to harmonize their municipal laws on sports. All the EAC
Partners should put in place sport legal regimes that don’t conflict with each other but support
the development of a regional sports industry. This will help Partner States develop the local
sports industries and create proper channels for cooperation and integration through sports.
(b) The Partner States ought to support sports through sufficient funding sports. Such funding
should not be perceived as mere donations, but financial investments that are slated to have
socioeconomic returns within reasonable time frames. Such funding can be mandated and
managed through a Protocol on sport.
(c) The Partner States may also work together and assemble a sole East African team for suitable
Olympic games. This will present an opportunity for the elite athletes in the region to work
together for a sole cause and play for the EAC flag. It also offers the EAC a chance to
communicate to the world that the REC is united a formidable sports powerhouse. Presenting
a single team will also unite East Africans like never before. This operational relationship can
be expressly accommodated through Protocol provisions.
 104

(d) Partner States should also work towards hosting international sports events in the region. This
is viable when the official hosting is by one State, two States collaborating States. And even
when EAC turns into a Federal State depending on the nature of games to be hosted. For
example, the African Cup of Nations football tournament has been expanded to 24 final teams.
This makes it suitable for the tournament to be hosted by two countries. A bid by two EAC
countries will surely be competitive. Hosting such tournaments in the region helps expose the
athletes in the region to international standards and markets. Hosting international tournaments
also helps countries invest and get aid to fiancé development of sports infrastructure. Such
tournaments also attract travelling fans and officials that spend lots of monies to the benefit of
sports-linked industries such as hospitality and tourism. The competence to jointly host such
events can also be accommodated by Protocol provisions.
5.3.2 Council of Ministers, Co-ordination Committee and the Sectoral Committee on
Education, Science and Technology, Culture, and Sports
(a) These ought to push for EAC Protocol on sport. According to the EAC Treaty, Protocols are
concluded by the Summit upon recommendation of the Council of ministers. The Council, the
Co-ordination committee and the Sectoral committee should work on a report on sports in the
region. This will form the basis for the Council to recommend to the Summit to consider a
regional Protocol on sports.
(b) A supranational body responsible for sports in the REC should also be created. The body may
later be adopted by the Protocol upon its promulgation. Though the body ought to be in charge
of matters dealing with sports in the region in a centralised manner. The body ought to conduct
duties such as regional sports infrastructure development and management, talent search and
development, offering technical supports to sports bodies and athletes, training sports
professionals and scholarships, research and data mining and other sports related duties at
regional level.
5.3.3 General recommendations
(a) All sports related bodies should jointly and severally conduct sports research and data mining.
This involves researching about pertinent issues in EAC sports and mooting possible solutions
from novel ingenuity or international best practices.
(b) EAC sports also need to be well documented from traceable dates to the present. Game results,
participants and statistics on and off the playgrounds ought to be well recorded on regular
basis. This will ease following up on the progress of EAC sports. It will also make it easier to
trade EAC sport products to possible investors and sponsors. The data mining will also enable
 105

EAC sports employ technology in making evidence-based decisions using digital tools such
as data analytics. Such data and research also ease knowledge and skill transfer within the
region.
5.4 Area for further research
This paper has not captured the basic provisions that should be contained in a REC Protocol on sports
and how the same should be collected. This is a ripe area for further research.
 106

BIBLIOGRAPHY
Books
Alston, P. and Goodman, R., International Human Rights, Oxford: Oxford University Press, 2013.
Amara, M., et al, The Role of Sports and Education in Social Inclusion of Asylum Seekers and
Refugees: An Evaluation of Policy and Practice in UK, Loughborough: Loughborough
University, 2004, p. 20.
Balassa, B., The Theory of Economic Integration, New York: Routledge, 2011, p1.
Beloff, M. et al, Sports Law, Oxford: Hart Publishers, 1999.
Bilchitz, D., Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic
Rights, Oxford: Oxford University Press, 2007.
Blackshaw, I.S., International Sports Law: An Introductory Guide, Hague: T.M.C. ASSER PRESS,
2017.
Bojanic, I. K., Kiss, T. and Marosevic, K., “Regional Development in the Republic of Croatia and
Hungary: Current Situation and Future perspective”, in Zupan, M. and Drinoczi, T., Law
– regions – Development, University of Pecs and Strossmayer University of Osijek, 2013,
pp. 101-126.
Bosscher, V., Successful Elite Sport Policies: An international comparison of the Sports Policy
Factors Leading to International Sporting Success (SPLISS 2.0) in 15 Nations, Aachen:
Meyer & Meyer Sports, 2015.
Chappelete, J.L., Sport and Economic Development, Lausanne: IDHEAP Swiss Graduate School of
Public Administration, 2005.
Coomans, F., Economic Social and Cultural Rights, Utrceht: Netherland Institute of Human Rights,
1995.
Cuyvers, A., “The Road to European Integration”, in Ugirashebuja, E., et al. (eds), East African
Community Law Institutional, Substantive and Comparative EU Aspects, Brill Nijhoff:
Boston, 2017, pp. 22-42.
Dubos, O., “The Different Incarnations of the Member States in Legal Harmonization Processes: A
Comparative Study of the EAC, EU and OHADA”, in Doveling, J., et al (eds),
Harmonization of Laws in the East African Community, Law Africa, 2018, pp. 98-104
Engh, I. E, Developing Capacity to Realise Socio-Economic Rights, Antwerp: Intersentia, 2008.
Johns, A., “Competing in the Global Arena: Sport and Foreign Relations since 1945”, in Heather, L.,
and Johns, A. (eds), Diplomatic Games, Sport, Statecraft and International Relations
Since 1945, Kentucky: University Press of Kentucky, 2014 pp.1-34.
Kajja, T., Sport and Corporate Governance in Uganda, LAP Lambert Academic Publishing, 2019.
Kimbugwe, K., et al., Economic Development Through Regional Trade, A Role for the New East
African Community?, London: Palgrave MacMillan, 2012.
Kothari C.R., Research Methodology Methods and Techniques (2nd), New Delhi: New Age
International Publishers, 2004.
Kyambalesa, H., and Houngnikpo, M., Economic Integration and Development in Africa, Hampshire:
Ashgate Publishing Company, 2006.
Laursen, F., Comparative Regional Integration, Surrey: Ashgate Publishing Limited, 2003, p4.
Loy W., and Coakley, J., “Sport.” in George Ritzer (ed), The Blackwell Encyclopedia of Sociology,
Oxford: Blackwell Publishing, 2007.
Mwisukha, A. and Mabagala S., “Sports Management Practices in Africa; Governance Challenges in
Sport in East Africa”, in Kaimenyi,J. and Rintaugu, E.,(eds) The Nexus of sports in African
Universities: management challenges. African Sports Management Association, Nairobi:
Kenyatta University Institutional Repository, 2015, pp.1-37.
Nafziger, J. and Ross, S., Handbook on International sports law, Cheltenham: Edward Elgar, 2011.
 107

Parrish, R., Sports Law and Policy in the European Union, Manchester: Manchester University press
2003.
Riedel, E., Giancca, G. and Golay C., Economic Social and Cultural Rights in International Law,
Oxford: Oxford University Press, 2016.
Schreier, M., “Qualitative Content Analysis” in Flick, U., (ed), The Sage Handbook of Qualitative
Data Analysis, SAGE, 2013, pp.165-180.
Shaw, M., International law (6th Ed), Cambridge: Cambridge University Press, 2008.
Social Issues Research Centre, The Impact of Sport on the Workplace, Oxford: Hudson, 2008.
Sough, R. Stimson, R. and Nijkamp, P., “An Endogenous Perspective on Regional Development and
Growth”, in Kourtit, K., et al, (eds), Drivers of Innovation, Entrepreneurship and regional
Dynamics, Advances in Spatial Science, Springer, 2011, pp. 3-20.
Steiner, H., Alston, P. and Goodman, R., International Human Rights in Context (3rd Ed), Oxford:
Oxford University Press, 2007.
Weatherill, S., “EU Sports Law: the effect of the Lisbon Treaty”, in Biondi, A., Eeckhout, P., and
Ripley, S., (eds) EU Law After Lisbon, Oxford: Oxford University Press, 2012, pp. 403-
419.
Zeller. B., CISG and the Unification of International Trade Law, Abingdon: Routledge, 2007.
Journal Articles
Banks, N., Youth Poverty, “Employment and livelihoods: Social and Economic Implication of Living
with Insecurity in Arusha, Tanzania”, 28(2), Environment and Urbanization, 2016, pp.
437-454.
Barro, R., “Economic growth in a cross section of countries”, Quarterly Journal of Economics, 106(2),
1991, 407-443.
Charnovitz, S., “Nongovernment Organizations and international Law”, 100(2), American Journal of
International Law, 2006, pp. 348-367.
Darby, P., “The New Scramble for Africa: African Football Labour Migration to Europe”, 3, The
European Sports History Review, 2000, 217-244.
Dembek, A., and Wloch, R., “The Impact of a Sports Mega-Event on the International Image of a
Country: The Case of Poland Hosting UEFA Euro 2012”, 22(1) Perspectives, Review of
International Affairs, 2014, pp.33-47.
Foster, K., “Global Sports Law Revisited”, 17 (4) Entertainment and Sports Law Journal, 2019, pp
1-14.
Gâsquez, R. and Royuela, V., “Is Football an Indicator of Development at the International Level?”,
117(3) Social Indicators Research, 2014, pp. 827-848.
Gaudin, B., Teka, S. and Mwanga, S., “The Sports Migrations of East African Athletes”, 31, Annales
d’Ethiopie, 2016, pp. 269-289.
Hoffmann, R., Ging, C.L. and Ramasamy, B., “Olympic Success and ASEAN Countries; Economic
Analysis and Policy Implications”, 5(3) Journal of Sports Economics, 2004, pp. 262-276.
Hwang, K., “The Historical Evolution of SADC(C) and Regionalism in Southern Africa”, 10 (1)
International Area Review Journal, 2007, pp. 56-80.
Korir, W., “Impact of Sport on economic Development in Kenya”, 3(2), International Journal of
Advanced Research, 2015 pp. 1427-1436.
Longo, A. et al., “Age of peak performance in Olympic sports: A comparative research among
disciplines”, 11(1), Journal of Human Sport and Exercise, 2016, pp. 31-41.
Lucas, R., “On the mechanics of economic development”, Journal of Monetary Economics, 1988, pp.
3-24.
Malm, C., Jakobsson, J., Isaksson, A.,“Physical Activity and sports – Real Health Benefits: A review
with insight into the Public Health of Sweden”, 7, Sports Review, 2019, pp. 127-145.
 108

Mitten, M., “Judicial review of Olympic and International Sports Arbitration Awards: Trends and
Observations”, 10 (1) Perpperdine Dispute Resolution Law Journal, 2009, pp.51-67.
Ndee, H., “Sport Culture and Society from an Africa Perspective: A Study on Historical Revisionism”,
13(2) The International Journal of History of Sport, 1996, pp. 192-202.
Njoroge, J.M., Atieno, L., and Do Nascimento, D.V., “Sports Tourism and Perceived Socio-Economic
impact in Kenya: The Case of Machakos County”, 23(2) Tourism and Hospitality
Management, 2017, pp. 195-217.
Protas, P. and Romward T., “Reflections on the ‘People Centered Principle’ in the East Africa
Community: the Current Legal Controversy”, 42 (2), Eastern Africa Law Review, 2015,
pp1-17
Rintaugu, E., et al, “The forbidden acts: Prevalence of sexual harassment among university female
athletes”, 20(3:1) African Journal for Physical, Health Education, Recreation and Dance
(AJPHERD), 2015, pp.974-990.
Roberts, M., et al, “Games in Culture”, American Anthropologist, 1959, 61 (4), pp. 597–605.
Rogozzi, A., “Challenging Awards of the Court of Arbitration for Sport”, 1(1) Journal of International
Dispute Settlement, 2010, pp.217-265.
Stewart-Withers, R., Sewabu, K. and Richardson, “Rugby Union driven Migration as a means for
sustainable livelihoods creation: A case study of iTaukei, Indigenous Fijians”, 5 (9),
Journal of Sports for development, 2017, pp.1-20.
Zakharova, I.L. and Melnik, E. T., “Some Reflections on regulating Professional Sports in Integration
Associations: A Sphere of Autonomy or an Object of the Union Law Regulation”, 26
Comparative Law Review, 2020, p.281-310.
Zakharova, I.L. and Melnik, E. T., “Some Reflections on regulating Professional Sports in Integration
Associations: A Sphere of Autonomy or an Object of the Union Law Regulation”, 26
Comparative Law Review, 2020, p.281-310.
Reports
African Development Bank, East Africa Economic Outlook 2019, African Development Bank, 2019.
African Institute for Development Policy, East African Regional Analysis of Youth Demographics,
university of Southampton, 2018.
Arnaut, L., Independent European Sport Review, UK Presidency of the EU 2005, 2006, p. 32-33.
Commission of the European Communities, “White Paper on Sport”, European Union, Brussels: 2007.
Commission of the European Communities, Report from the Commission of the European
Communities to the European Council, European Union: Brussels, 10th Dec, 1999.
Commission on African Sport Architecture, Report of the Commission on African Sport Architecture,
Addis Ababa: African Union Commission, 2011.
European Commission Directorate-General Education and Culture, Study on the Contribution of Sport
to Economic Growth and Employment in the EU, Luxembourg: European Commission,
2012.
European Commission Directorate-General or Education and Culture, Mapping and Analysis of
Specificity of Sport, European Commission, 2016.
European Commission, Development and Prospects for Community Activity in the Field of Sport,
European Commission, 2009.
European Commission, Directorate-General Education and Culture, Study on the Contribution of
Sport to Economic Growth and Employment in the EU, Brussels: SportsEconAustria,
2012.
International Labor Organization, Decent work in the world of sport, Geneva: ILO, 2020.
Lechner, M., “Sports, Exercise, and Labor market Outcomes”, IZA World of Labor, 2015.
Mrkonjic, M., A Review of Good Governance principles and Indicators in Sport, Strasbourg:
International Centre for Sports Studies and EPAS-Council of Europe, 2016.
 109

Newzoo, 2020 Global Esports Market Report, Newzoo, 2020.

UK Government, Sporting Future: A New Strategy for an Active Nation, London: Cabinet Office,
2015.
United Nations Office on Drug and Crime, Resource Guide on Good Practices in the Investigation of
Match-Fixing, Vienna: United Nations.
Dictionaries
Cambridge University, Cambridge Advanced Learner’s Dictionary (3 rd Ed), Cambridge University
Press, 2008.
Garner, A., Black’s Law Dictionary (10th Ed), Thomson Reuters, 2009.
Oxford University, Oxford Advanced Learner’s Dictionary, International Students edition (9 th Ed),
Oxford: Oxford University Press, 2015.
Online Materials
Africa Development Bank, “Burundi Economic Outlook”, Africa Development Bank, 2020, available
on https://www.afdb.org/en/countries/east-africa/burundi/burundi-economic-outlook
(accessed on 11th/10/2021).
Awami, S., ”Ex-Tanzania FA boss Jamal Malinzi guilty on one of 20 corruption charges”, BBC Africa,
12th Dec 2019, available on http://www.bbcco.uk/sport/football/50757134 (accessed on
10th/01/2021).
BBC, “Tanzania face football ban”. BBC 27th/10/2000, available at
http://news.bbc.co.uk/sport2/hi/football/994920.stm (accessed on 20th Sept, 2020).
Brosnan, S., “The impact of Sports Participation on Crime in England between 2012 and 2015”,
MPRA, 2017, p. 3, available at https://mpra.ub.uni-muenchen.de/78596 (accessed on
16th/05/2021).
CECAFA, “Senior Challenge Cup”, CECAFA, available at http://www.cecafafootball.org/senior-
challenge-cup/ (accessed on 11th/05/2021).
Daily Monitor, Former Uganda Cranes captain Jimmy Kirunda dies, Daily Monitor, 25 th/05/2020,
available on https://www.monitor.co.ug/uganda/sports/soccer/former-uganda-cranes-
captian-jimmy-kirunda-dies-1891666, accessed on 28th/03/2021)
FIBA, “Kigali Arena breathes new life into Rwandan Basketball”, FIBA, 25th/09/2019, available at
https://www.fiba.basketball/news/kigali-arena-braethes-new-lif-into-rwandan-basketball,
(accessed on 3rd/04/2021).
Global Conflict Tracker, “Civil War in South Sudan”, Global Conflict Tracker, available at
https://microsites-live-backend.cfr.org/global-conflict-tracker/conflict/civil-war-south-
sudan, (accessed on 11th/04/2021).
Guiberteau, O., “Didier Drogba: How Ivory Coast striker helped to halt civil war in his home nation”,
BBC Sport, 31st/03/2020, available on https://www.bbc.co.uk/sport/football/52072592
(accessed on 6th/Jan/2021)
International Justice Resource Centre, “Southern African Development Community Tribunal”
available at athttps://ijrcenter.org/regional-communities/southern-african-development-
community-tribunal/ (accessed on 9th/02/2021).
International Olympic Committee, “International Sports Federations are Responsible for the Integrity
of their Sport on the International level”, International Olympic Committee, available at
https://olympics.com/oic/international-federations (accessed on 04th/05/2021).
IOC, “Support and protect clean athletes”, IOC, available at https://www.olympic.org/olympic-
solidarity, accessed on 4th/04/2021)
Magoola, S., Salim Jamal on Twitter, available at
https://twitter.com/jamalsalim16/status/1388404418765332481?s=20 (accessed on
2nd/05/2021).
 110

Mbochi, R., et. el, “Predictors of overweight and obesity in adult women in Nairobi Province, Kenya”,
Nairobi: BMC Public Health, 2012, available at http://www.biomedcentral.com/1471-
2458/12/823 (accessed on 10th/01/2021).
Mfumukeko, L., Burundi is ready to host the 1st edition of the EAC Games, 12th/07/2018, Arusha,
available at https://www.eac.int/press-releases/139-culture-sports-news/1153-burundi-
ready-to-host-rhe-1st-edition-of-the-eac-games (accessed on 11th/07/2021).
Misagga, B., Demise of Kirunda reveals FUFA’s purge on ex-internationals, The Observer,
5th/06/2020, available at hhps://observer.ug/sports/65074-demise-of-kirunda-reveals-
fufa-s-purge-on-ex-internationals, (accessed on 28th/03/2021).
Mugooda, B., Kyetume suspends captain, sacks players over match-fixing, New Vision, Kampala,
available at https://www.newvision.co.ug/articledetails/100356 (accessed on
4th/05/2021)
Munnik, J., “Esports is on the rise in Africa and these two Kenyans are leading the charge”, CNN,
3rd/12/2020, available at https://edition.cnn.com/2020/12/03/sport/Africa-esports-kenya-
queen-arrow-beast-spc-intl/index.html (accessed on 7th/05/2021).
National Council for Sport, “History of Football in Uganda”, National Council for Sport, available at
www.ncs.go.ug>content>history (accessed on 3rd/01/2021).
Olypedia, “United Republic of Tanzania (TAN) Overview”, Olympedia, available at
https://www.olympedia.org/countries/TAN, (accessed on 3rd/04/2021).
Reidy, G., “Esports Take Step Closer to Becoming an Olympic Sport”, Bloomberg, 23rd/04/2021,
available http://www.bloomberg.com/news/articles/2021-04-23/esports-a-step-closer-to-
olympics-as-ioc-to-hold-virtual-event (accessed on 7th/05/2021).
Swinned, J. and Vandemoortele, T., “Sports and Development: An Economic Perspective on the
Impact of the 2010 World Cup in South Africa”, Research Gate, 2008, available on
https:www.researchgate.net/publication/239858891 (accessed on 14th/02/2021).
Tenga, T., ”Globalisation and Olympic Sport in Tanzania”, PhD Thesis, Oslo: The Norwegian
University of Sport, 2000.
The Observer, Minister: Uganda could play World Cup home games from abroad, The Observe,
21st/04/2021, available at https://observer.ug/news/headlines/69444-minister-uganda-to-
play-world-cuphome-game-from-abroad (accessed on 21st/04/2021).
UNDOC, Crime Prevention through Sports, UNDOC, 2018, available at
https://www.undoc.org/dohadeclaration/en/topics/crime-prevention-through-sports.html
(accessed on 16th/05/2021).
Weerakoon, R., “Sport Policy in UK: The Reforms, Policy Priority and its Effect to Sport Sector
during 2000 to 2012”. Research Gate, 2016, available at
https://www.researchgate.net/publication/304659236 (accessed on 4th/01/2021).
World Vision International, “By the Numbers: How we’re working with refugees in East Africa”,
World Vision International, 2018, available at http://ww.wvi.org/article/numbers-how-
were-working-refugees-east-africa (accessed on 3rd/01/2021).
Zanzibar Tourism, “Water Sports”, Zanzibar Tourism, available at
https://www.zanzibartourism.go.tz/index.php/what-to-do/events-and-sports/water-sports
(accessed on 3rd/04/2021).