Alex Roux v Ryand Karel Hattingh

The respondent, Ryand Karel Hattingh, was seriously injured during a high school rugby match on 30 July 2005 while playing as hooker for Laborie High School against Stellenbosch High School. During a scrum, the appellant, Alex Roux, the opposing hooker, deliberately moved out of his correct channel after calling the code word 'jack-knife', thereby blocking Hattingh’s channel. When the packs engaged, Hattingh’s head was forced under Roux’s body, causing severe neck injuries (a bilateral facet dislocation). Evidence showed that this manoeuvre contravened the rules and spirit of rugby and was extremely dangerous. The trial court accepted Hattingh’s version, finding that Roux acted intentionally and wrongfully.

The appeal was dismissed with costs, including the costs of two counsel.

This case is a leading South African authority on delictual liability arising from injuries in sport. It clarifies that consent to risk in contact sports like rugby does not extend to deliberate, dangerous, and rule-breaking conduct. The judgment provides important guidance on wrongfulness, fault, and consent in the sporting context, reinforcing that intentional misconduct may attract delictual liability.