Legality of Professional Mixed Martial Arts in South Africa

Abstract

Senator John McCain may have been on point when he described mixed martial arts (MMA) as “human cock-fighting” in its formative years in the early 1990s in the United States of America (US). Those early MMA contests were no-holds-barred brutal affairs, fought between bloodied combatants of all shapes, sizes and combat styles, in a metal cage. Like bare-knuckle prize-fighting during the 18th and 19th centuries, this new form of combat sport closely resembled a glorified street fight. The sheer brutality of these spectacles ultimately led to the banning of MMA across the US. Realising that MMA’s future depended on governmental sanction and regulation, its organisers actively sought out such sanction and regulation. Although MMA is now legal in all US states, its regulation in both the United Kingdom (UK) and South Africa has lagged behind, raising uncertainty about its legality in these jurisdictions. This uncertainty has been exacerbated by the absence of legislative intervention and judicial scrutiny regarding MMA in both the UK and South Africa. There is, furthermore, a dearth of academic literature addressing this legal lacuna. This study endeavours to bridge that gap by examining the legality of MMA in South Africa. In so doing, guidance is sought from the manner in which the English courts have approached boxing and other activities that entail consensual bodily harm, such as sadomasochism.