DRAFT NATIONAL SPORT AND RECREATION AMENDMENT BILL, 2017

DRAFT NATIONAL SPORT AND RECREATION AMENDMENT BILL, 2017

GENERAL EXPLANATORY NOTES:

[ ] Words in bold type in square brackets indicate omissions from the

existing enactment.

________ Words underline with a solid line indicate insertions in existing

enactments.

BILL

To amend the National Sport and Recreation Act, 1998 so as to amend,

insert and delete certain definitions; to provide for policy framework with

regard to the promotion and development of sport and recreation; to

provide for the establishment of commissions; to allow for the

development of sport and the intervention of Sport and Recreation South

Africa in sport matters at school level; to develop policy framework for

talent identification and development programme; to establish a Sport

Arbitration Tribunal to resolve disputes in sport or recreation bodies; to

provide for offences and penalties; and to provide for matters connected

therewith.

BE IT ENACTED by Parliament of the Republic of South Africa, as follows:-

Amendment of section 1 of Act 110 of 1998

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1. Section 1 of the National Sport and Recreation Act, 1998 (Act No. 110 of

1998 as amended), hereinafter referred to as “the principal Act” is hereby

amended by-

(a) the deletion of the definition of “National Coaching and

Accreditation Institute”;

(b) the deletion of the definition of “recreational service”;

(c) the insertion of the following definitions before the definition of

“high performance“:

“club” means an organization or professional body constituted for

a particular code of sport affiliated either to a provincial or national

federation;

“Director-General” means the Director-General responsible for

Sport and Recreation South Africa;”;

(d) the insertion of the following definitions before the definition of

“Minister”:

“MEC” means a Member of the Executive Council responsible for

sport and recreation at provincial level”;

“national academy” means an implementation agency for sport

development established by the Minister in terms of section 2(5C);

National colours” means any or more of the following:

(i) the name, title or designation King Protea;

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(ii) the word King Protea used as a badge or emblem or part

thereof on, formal and informal clothing, including but not

limited to sports clothing, replica or anything related to

South African sports;

(iii) the colours green and gold used as part of a prescribed

uniform or dress with colour in connection with sports; or

(iv) any name, badge, uniform, emblem, device, trade mark,

design or similar matter in respect over which the National

Colours Board has any rights, whether by virtue of

registration or otherwise;

National Colours Boardmeans the Board appointed by the

Minister to award national colours in terms of section 11;

(e) the substitution of the definition of “national federation” for the

following definition:

National Federation” means a national governing body of a code

of sport [or recreational activity] in the Republic with affiliate

members in not less than five provinces recognised by –

(i) Sport and Recreation South Africa as the only authority for

the administration and control of the relative code of sport;

and

(ii) the relevant international controlling body for that particular

code of sport [as the only authority for the administration

and control of the relative code of sport or recreational

activity in the Republic];

(f) the insertion of the following definition after the definition of

“prescribe”:

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“provincial federation” means a provincial governing body of a

code of sport in a province of a provincial department responsible

for the sport and recreation, recognized by the relevant national

federation as the only authority for the administration and control of

the relative code of sport in such a province and the provincial

department of sport and recreation;

(g) the insertion of the following definition after the definition of

national federation”:

recreation” means all forms of physical activity that contribute to

physical fitness, mental wellbeing and social interaction organised

as non-competitive sport or recreational activity, including but not

limited to indigenous games, leisure sport or a recreational activity;

(h) the substitution for the definition of “sport or recreation body” of

the following definition:

“sport or recreation body” means –

(i) any national, club or professional league or body affiliated to a

national federation;

(ii) the Sport Confederation; or

(iii) any agency or body, including a trust or registered company of

such a national federation, the Sport Confederation, club, agency or

body,

involved in the administration of sport or recreation at either local,

provincial or national level;”;

(i) the insertion of the following definition after the definition of

regulation:

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Sport or recreation agent” means a person, juristic person or

marketing company who represents or negotiates the employment

and endorsement of a contract for a sport or recreation person or

body as contemplated in section 6A;”

Substitution of section 2 of Act 110 of 1998

2. Section 2 of the principal Act is hereby amended-

(a) by the deletion of the subsection (1);

(b) by the substitution of subsection (2) for the following subsection:

“(2) The Minister, after consultation with the Sport

Confederation, must develop policy framework for the promotion

and development of high performance sport in the Republic.”

(c) by the deletion of subsection (4);

(d) by the insertion after subsection (5) of the following subsections:

(5A) The Minister, after consultation with the relevant MEC,

must create norms and standards for the academies.

(5B) The norms and standards determined by the Minister as

contemplated in sub section (5A) may among others relate to the

following:-

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(a) implementation of talent identification plan relative to

sport in the Republic;

(b) implementation of sport development plan;

(c) implementation of programme emanating from school

sport, club development and talent identification and

(d) implementation of an equity plan in terms of section

13A.

(5C) The Minister, in consultation with the Minister of Basic

Education, must in the prescribed manner, publish a development

programme for school sport.

(5D) The Minister must enter into a memorandum of

understanding with the Minister of Basic Education relative to the

development of school sport in terms of relevant sections of the

Intergovernmental Relations Framework Act of 2005 (Act No.13 of

2005) as amended.

Insertion of section 2A of Act 110 of 1998

3. The Principal Act is hereby amended:

(a) by the insertion after section 2 of the following section:

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Establishment of Commissions

2A. (1) The Minister may appoint Commissions as deemed fit in terms of

this Act.

(2) The commissions appointed in terms of section 2A must investigate

and advise the Minister in any matters pertaining to sport and

recreation.

(3) The Minister may determine from time to time the terms of

reference for the commission appointed in terms of section 2A.

(4) The commissions appointed as contemplated in section 2A operate

on an adhoc basis and terminate upon submission of their report to

the Minister.

Insertion of section 3B of Act 110 of 1998

4. The Principal Act is hereby amended:

(a) by the insertion after section 3A of the following section:

“3B. (1) The Minister must recognise in writing a Sport Confederation

which will be the national co-ordinating macro body for the promotion and

development of high performance sport in the Republic.

(2) The Sport Confederation as contemplated in subsection (1) must

,amongst others, perform the following functions -

(a) coordinate all activities relating to high performance sport in

the Republic, including team preparation and delivery;

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(b) implement the high performance guidelines as contemplated

in section 2(2);

(c) coordinate scientific support for high performance athletes;

(d) provide training as contemplated in section 7(1);

(e) provide and prioritize a sport plan to win more medals in

sport ;

(f) comply with the guidelines or policies to promote equity,

representivity and redress in sport and recreation as

contemplated in section 13A; and

(g) monitor and submit recommendations for the bidding and

hosting relative to an application to host international events

to the Minister as prescribed;

(3) If the Sport Confederation fails to comply with section 3B(2), the

Minister may by notice –

(a) insist on compliance by the Sport Confederation within

seven days as from the date of the said notice; and

(b) de-recognize the Sport Confederation should the latter fail to

adhere to the request of the Minister as referred to in

paragraph (a).

(4) The Sport Confederation must, from time to time, provide

appropriate incentives for high performance sport achievers and practitioners.

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Amendment of section 4 of Act 110 of 1998

5. Section 4 of the principal Act is hereby amended –

(a) by the addition of the following subsections:

“(2A) The Minister must develop and publish policy

framework for talent identification and sport development in the

Government Gazette. “

(2B) The Minister may in prescribed manner publish the

policy items listed in the National Sport and Recreational plan as Schedule

to the Act.”

“(2C) Any person or sport or recreation body who fails:-

(a) to comply with the section 4; and schedule

commits an offence as contemplated in section 13X. “

“(2D) The Minister may issue a directive that:-

(a) Sport or Recreation bodies that fail to adhere with the

provisions of section 4 and Scheduled published be de recognised

upon due processes.”

Amendment of section 6 of Act 110 of 1998

5. Section 6 of the principal Act is hereby amended-

(a) by the substitution of subsection (3) for the following subsection:

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“(3) A sport or recreation body must-

(a) before recruiting a foreign sport person to

participate in sport in the Republic;

(i) satisfy themselves that there are no other persons in

the Republic suitable to participate in such a sport; and

(ii) screen or do a background check for any criminal

offences

(b) advance their reasons with full names and

countries of origin of all such persons to the

Minister in writing that there is no suitable person

in the Republic as contemplated in paragraph (a

(c) advance their reasons with full names and

countries of origin of all such sport persons to be

recruited to the Minister in writing indicating that

there are no suitable sport persons in the Republic

as contemplated in paragraph (a);”

(d) ensure that such a recruited sport person complies

with all the relevant criteria pertaining to entry into

the Republic as contemplated in the Immigration

Act, 2002 (Act No 13 of 2002); and

(e) ensure that the recruitment conforms to the

guidelines issued by the Minister in terms of section

13A.”; and

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(f) ensure that the recruited foreign sport person must

have represented or coached his or her country in

the manner as prescribed by the regulations.”;

(c) by the insertion of the following subsections after subsection (3):

“(3A) The Minister upon receiving such confirmation as

contemplated in paragraph (A1) must –

(a) within 14 days after receiving reasons as contemplated in

paragraph (A1)-

(i) consider the advanced reasons and any further

information provided by a sport or recreation

body;

(ii) if satisfied that the sport or recreation body

complies with paragraph (a) read with

subsection (A1) and the regulations, write a

letter to the Minister of Home Affairs confirming

the compliance with the Act and Regulations

by the sport or recreation body; and

(iii) if not satisfied with the advanced reasons as

contemplated in paragraph (a), may request

more information from the sport or recreation

body or advise the Minister of Home Affairs in

writing about the non-compliance to the Act

and regulations by the sport or recreation body

accordingly.

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(3B) The Minister, in consultation with the Minister of Home

Affairs, must in the prescribed manner provide for procedures and

compliance requirements for the recruitment of a foreign sport person by a

sport or recreation body.

(3C) A sport or recreation body may appeal against the

decision of the Minister within 14 days after receiving a notification from

the Minister in this regard.

(3D) The Minister must, within seven days after the receipt of

the said appeal application, appoint an Appeal Adjudication Committee

which must consist of-

(a) a retired judge or magistrate as the presiding

officer; and

(b) three other persons with expertise in

Immigration and sport law.

(3E) The Appeal Adjudication Committee as contemplated in

subsection (3D) must perform the following functions, amongst others:

(a) hear a dispute relating for a decision to -

(i) non-confirmation for the application for a

work permit of a foreign sport person;

and

(ii) any non-compliance with the provisions

of this Act and its regulations.

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(3F) The Appeal Adjudication Committee must annually

submit to the Minister a report on its activities which must be tabled in

Parliament by the Minister.

(3G) A decision of the Appeal Adjudication Committee must:-

(i) be effected within 30 days; and

(ii) be communicated in writing to the affected sport or

recreation body within seven working days

(3H) A sport or recreation body must comply with a decision

of the Appeal Adjudication Committee.

(3I) The Appeal Adjudication Committee may determine its

own internal procedures to dispose of appeals, subject to any rules that

may be prescribed in terms of the recruitment of foreign sport persons.

(3J) No person may-

(a) change a study permit for a recruited foreign sport

person into a work permit;

(b) assist a foreign sport person to receive a work

permit without compliance with provisions of

section 6(3);

(c) directly or indirectly assist a foreign sport person

to acquire work permit illegally; or

(d) directly or indirectly recruit any foreign sport

person under the age of 18 years or assist such a

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person to acquire a work permit in relation to a

sport in the Republic,

unless the written consent has been given by the legal guardian of

such a child or a competent Court has issued an order for such

recruitment.

(3K) A sport or recreation body remunerating a foreign sport

person under the age of 18, must transfer his or her salary into a

trust account opened for such purposes as contemplated in

subsection (9)

Insertion of section 6A of Act 110 of 1998

6. The following section is hereby inserted after section 6 of the principal Act:

Sport or recreation agents

6A. (1) A sport or recreation body must recognize a sport or

recreation agent in writing before such an agent may operate in the Republic.

(2) A sport or recreation body must issue a license to a sport or

recreation agent in terms of its rules and regulations.

(3) A sport or recreation body must annually submit a list of all its sport

or recreation agents operating in the Republic to the Director- General in writing.

(4) A sport or recreation agent must register with Sport and Recreation

South Africa upon receipt of a license as contemplated in subsection (2).

(5) No person may –

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(a) operate as a sport or recreation agent in the Republic

without such an agent being–

(i) issued with a license by a sport or recreation body as

contemplated in subsection (2); and

(ii) registered with Sport and Recreation South Africa as

contemplated in subsection (4);

(b) represent a sport person or recreational activity without -

(i) a license being issued to him or her by such a sport or

recreation body; or

(ii) such a sport or recreation agent being registered with

Sport and Recreation South Africa;

(c) directly or indirectly negotiate a sport person’s or

recreational activity‘s contract without –

(i) such a license being issued by the relevant sport or

recreation body; or

(ii) such an agent being registered with Sport and

Recreation South Africa;

(d) represent a sport person under the age of 18 in any

contract negotiations; or

(e) other than the legal guardian of such sport person,

may remove from the Republic a sport person as

contemplated in subsection (6)

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(6) A sport person under the age of 18 years must be represented by

his or her legal guardian in any administrative, contractual and other legal

matters.

(7) Any person who is not a legal guardian of a sport person as

contemplated in subsection (6) and who is directly or indirectly representing such

a sport person, commits an offence in terms of section 13X.

(8) The legal guardian or curator appointed by the competent court

must safeguard the property and property interest of a sport person as

contemplated in subsection (6) or assist such sport person with an application for

a passport.

(9) The legal guardian or curator appointed by the competent court

must ensure that:-

(i) a sport person as contemplated in subsection (6) attends school

without any interruption ;and

(ii) the trust account is opened on his or behalf as a beneficiary.

(10) The Minister must, after consultation with the Minister of Finance

and Minister of Labour, in the prescribed manner determine the fees to be paid to

a sport or recreation agent.

Amendment of section 8 of Act 110 of 1998

7. Section 8 of the principal Act is hereby amended-

(a) by the substitution for subsection (1) of the following subsection:

“(1) [Sport and Recreation South Africa] The Director General

in accordance with [its] the funding policy and section 10 must17

(a) provide physical facilities for sport and recreation

nationally;

(b) publish the norms and standards for facilities; and

(c) make available funding for facilities as prescribed

[depending on the availability of funds].”; and

(b) by the substitution for subsection (3) of the following subsection:

“(3) [Sport and Recreation South Africa] the Director General must

when planning such facilities, ensure that special consideration is given to the

accessibility to sport people and spectators with disabilities.”

Amendment of section 9 of Act 110 of 1998

8. Section 9 of the principal Act is hereby amended-

(a) by the substitution for its heading of the following heading:

Programmes to promote [equity] mass mobilisation in

sport and recreation”

(b) by the substitution for subsection (1) of the following subsection:

“(1) The Minister [Sport and Recreation South Africa]

must co-ordinate [organize] programmes aimed at mobilizing the

nation to play in consultation with provincial MEC’s.

(c) by the substitution for subsection (2) of the following subsection:

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“(2) The Minister [Sport and Recreation South Africa]

must, after consultation with MEC’s-

(a) publish guidelines or policies for mass participation in

sport and recreation [from time to time, present

mass sport and recreation participation

programme];

(b) encourage the provincial sport and recreation

departments and local authorities to form partnerships

with other related organisations that have an interest

in sport and recreation and mass participation, in

order to –

(i) enlist financial assistance towards the

expansion of mass participation in sport and

recreation programmes [and services] ; and

(ii) exchange ideas;

(c) encourage provincial sport and recreation

departments to employ the programmes of Sport and

Recreation South Africa;

(d) spearhead the following:

(i) the development , suitability and prioritizing of

sport and recreation programmes [and

services] ; and

(ii) reporting on the infrastructure needed to

implement the programmes [and services];

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(e) ensure that -

(i) women;

(ii) the youth attending school and those who are

no longer attending school;

(iii) people with disability;

(iv) senior citizens ; and

(v) neglected rural areas,

receive priority regarding programmes for

development and delivery of sport and recreation; and

(f) seek the assistance of international organizations in

sport and recreation to enhance the programmes and

exchange experiences and ideas,

to ensure that the people of the Republic are well informed of the

benefits of participation in sport and recreation and a healthy

lifestyle.”

Amendment of section 10 of Act 110 of 1998

9. Section 10 of the principal Act is hereby amended-

(a) by the substitution for subsection (1) of the following subsection:

“(1) [Sport and Recreation South Africa] The Director -

General must in accordance with funding policy of Sport and

Recreation South Africa –

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(a) implement a result - based funding policy where the

level of funding is determined according to an

accountable set of criteria;

(b) encourage creativity and self - reliance on the part of

the national federations regarding funding;

(c) direct provincial federations to the offices of the

MEC’s and the local authorities in the various cities

for provincial and local funding;

(d) increase the profile and increase financial assistance

to volunteers, women, senior citizens, neglected rural

areas and people with disability , in sport and

recreation; and

(e) demand acceptable standards of administration from

the recipients of Government funding.

(b) by the substitution for subsection (2) of the following subsection:

“(2) (a) [Sport and Recreation South Africa] The Director -

General must, in allocating funds to the national federations,

determine the proportion of funding that must be used

towards development.

(b) The Director - General must annually publish in the

Government Gazette a proportion relative of funding to be

use for administration and development of sport and

recreation by national federations;

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(c) National federations must annually indicate to the

Director - General [Sport and Recreation South Africa] in

writing, the names of the specific clubs under their

respective control and the proportion of funding that these

clubs have received during the specific year for development

purposes from funding provided to these clubs by –

(i) the national federations out of the funds received from

Sport and Recreation South Africa;

(ii) the national federations out of their own funds; and

(iii) the national federations out of the funds received from

other persons or bodies.

(c) by the substitution for paragraphs (a) and (b) of subsection (3) of the

following paragraphs:

“(3) (a) No funding will be provided and recognition as prescribed

will be given by the Director - General [Sport and Recreation

South Africa] to national federations where –

(i) no development programme exists;

(ii) federations exclude persons from the

disadvantaged groups, particularly women and

people with disabilities, from participating at top

level of sport; or

(iii) national federations have misused the funding

referred to in subsection (2).

(b) Where the Director- General [Sport and Recreation South

Africa] has decided not to provide funding or give recognition to the

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national federations as contemplated in paragraph (a), the Director

– General may request the Minister to publish such decision in the

Government Gazette.”.

Amendment of section 11 of Act 110 of 1998

10. Section 11 of the principal Act is hereby amended-

(a) by the substitution for subsection (1) of the following subsection:

“(1) [The Sport Confederation] The Minister must, after

consultation with the MEC’s, establish a national colours Board which

[will] must –

(a) consider all applications for the awarding of national colours;

(b) fulfill its objects, functions, powers and duties;

(c) comprise not fewer than four, but not more than seven

members appointed by the Minister;

(d) be empowered to delegate its powers, duties and functions; and

(e) oversee the licensing and merchandising of national colours,

including the payment of royalties and the ownership of

intellectual property in national colours

in the prescribed manner.

(b) by the deletion of subsection (3):

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(c) by the insertion of the following subsections after subsection (2):

“(2A) The members of the National Colours Board must be

appointed in a prescribed manner ensuring-

(a) participation by the public in a nomination process;

(b) transparency and openness;

(c) that a shortlist of candidates for appointment is published

and that every appointment of a member of the Board is

published in the Gazette.

(2B) The Minister must, after consultation with the Sport

Confederation, publish the national colours codes in accordance with the

applicable regulations.

(2C) National colours may only be awarded to –

(a) a South African citizen; or

(b) a person who is a permanent resident in terms of section

26(b) and (d) of the Immigration Act

(2D) A foreign sport person who has been issued with a work or

study permit in terms of the Immigration Act, may not be awarded national

colours, unless he or she complies with subsection (2C).

(2E) The Minister may withdraw national colours if the holder –

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(a) is convicted of any offence listed in Schedules 1 and 2 of

the Criminal Procedures Act,1977 (Act No. 51 of 1977 as

amended);

(b) has failed to comply with the provisions of the Act;

(c) has failed to comply with the provisions of South African

Institute for Drug-free Sport Act, 1997 (Act No.14 of

1997); or

(d) is a foreign recruited sports person .

Amendment of section 13 of Act 110 of 1998

11. Section 13 of the principal Act is hereby amended-

(a) by the addition of the following subsections after subsection (1)(a) and (b) :

“(1A) A sport or recreation body must resolve a dispute as

contemplated in subsection 1(a) within 60 days after the dispute has been

declared.

(1B) A sport or recreation body must notify the Minister as

contemplated in subsection 1(b) within seven days after it became aware

of such a dispute.

(b) by the addition of the following subsection after subsection (2)(a) and (b):

“(2A) The aggrieved party or a sport or recreation body as

contemplated in subsection (2)(a) must submit such a dispute within

seven days to the Sport Arbitration Tribunal for resolution.

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(2B) The Sport Arbitration Tribunal must notify the Minister within

seven days after receiving such referral of a dispute as contemplated in

subsection (2A)” and

(c) by the deletion of subsections (4), (5) , (6) ,(7) and (8).

Amendment of section 13A of Act 110 of 1998

11. Section 13A of the principal Act is hereby amended-

(a) by the substitution for section 13A of the following section:

“(1) The Minister must issue policies to promote equity,

representivity and redress in sport and recreation.

(2) The policies as referred to in subsection (1) must be submitted

to Parliament for approval within 12 months after the promulgation of the Act.

(3) The policies as contemplated in subsection (1) bind all sport or

recreation bodies.

(4) A sport or recreation body must submit an equity plan to the

Minister within 12 months after approval of guidelines or policies by Parliament

as contemplated in subsection (2).

(5) A person or sport or recreation body who fails to submit the

equity plan as contemplated in subsection (4) commits an offence.

Insertion of sections 13D, 13E, 13F to 13X, in Act 110 of 1998

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12. The principal Act is hereby amended by-

(a) the insertion of the following sections :

Investigation by Minister

13D. (1) The Minster, in concurrence with Parliament, may at

any time, of his or her own accord, cause an investigation to be undertaken to

ascertain the truth within a sport or recreation body, where allegations of-

(a) any malpractice of any kind, including corruption, in the

administration;

(b) any serious or disruptive divisions between factions of the

membership of the sport or recreation body; or

(c) continuation or maintenance of any institutionalized system or

practice of discrimination based on gender, race , religion or

creed ,or violation of the rights and freedoms of individuals or

any law,

have been made, by appointing of a committee of inquiry in this regard.

(2) Notwithstanding the provisions of sub regulation (1), the

Minister may approach the President of the Republic to appoint a Commission of

Inquiry referred to in section 84 (2) of the Constitution, if –

(a) the sport or recreation body fails to cooperate with the

committee on of inquiry; or

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(b) the seriousness of an investigation in the above regard

requires that a Commission of Inquiry must be appointed

by the President.

Intervention by Minister

13E.(1) Subject to subsection (2), the Minister may, after

consultation with the relevant MEC, if applicable , intervene –

(a) in any dispute as contemplated in terms of section 13;

(b) alleged mismanagement;

(c) any other related matter in sport or recreation that is

likely to bring a sport or recreational activity into

disrepute;

(d) in any non-compliance with the guidelines or policies

issued in terms of this Act;

(e) in any non-compliance with any measures taken to

protect or advance a person or categories of persons

disadvantaged by unfair discrimination as contemplated

in section 9 (2) of the Constitution Act, of 1996 (Act No.

108 of 1996) as amended time to time,

by referring the matter for mediation or issuing a directive, as the case may be.

(2) The Minister may not –

(a) intervene if the dispute or mismanagement in question

has been referred to the Arbitration Tribunal for

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resolution, unless the Arbitration Tribunal fails to resolve

such dispute within 30 days as from the date on which

the dispute was referred to it; and

(b) interfere in matters relating to the selection of teams,

administration of sport and appointment of, or

termination of the service of the executive members of a

sport or recreational body.

(3) If a national federation fails to adhere to a decision of

the mediator or directive issued by the Minister as referred to in subsection (1),

the Minister may-

(a) direct the Director-General to refrain from recognizing

and funding such a federation;

(b) notify the national federation in writing that it will not be

recognized by Sport and Recreation South Africa; and

(c) publish his or her decision as contemplated in

paragraphs (a) and (b) in the Gazette.

(4) Before issuing a directive as referred to in

subsection (1), the Minister must, by written notice, -

(a) notify the relevant parties of the allegations and of his or

her intention to issue a directive; and

(b) give the parties seven days to respond on the notice in

writing.

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(5) Subject to the Promotion of Administrative Justice Act, 2000

(Act No. 3 of 2000) and without derogating from the rights of the affected parties,

a decision taken in terms of subsection (1) shall be binding on the parties.

Establishment, composition and appointment of Sport Arbitration Tribunal

13F. (1) There is hereby established an independent Tribunal known as

the Sport Arbitration Tribunal to hear and decide upon appeals against decisions

made in terms section 13.

(2) The Sport Arbitration Tribunal consists of at least seven members

appointed by the Minister on the advice of the National Assembly.

(3) The members of the Sport Arbitration Tribunal must be appointed in a

manner ensuring—

(a) participation by the public in a nomination process;

(b) transparency and openness;

(c) that a short-list of candidates for appointment is published in the

Gazette; and

(d) that every appointment of a member of the Sport Arbitration Tribunal is

published in the Gazette.

(4) (a) At least one member appointed by the Minister must be a retired

judged or senior Advocate with relevant experience in sport matters.

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(b) The Minister must designate the member referred to in paragraph

(a) as Chairperson and another member as Deputy Chairperson of the

Sport Arbitration Tribunal.

(c) The Deputy Chairperson referred to in paragraph (b) must, when

the Chairperson is absent or unable to perform his or her duties, act in

his or her stead and when so acting, exercise or perform any function

of the Chairperson.

(5) The members of the Sport Arbitration Tribunal must, when viewed

collectively be persons who—

(a) possess special knowledge and expertise relating to sport; and

(b) are committed to fairness, openness and accountability on the part of

those holding public office.

(6) A member of the Sport Arbitration Tribunal is appointed for a period of

two years, but is eligible for re-appointment.

Acting as member of Sport Arbitration Tribunal after expiry of term of office

13G. If, on the expiry of the term of office of a member of the Sport

Arbitration Tribunal, that member is still considering a matter before the Sport

Arbitration Tribunal, that member may continue to act as a member in respect of

that matter only.

Resignation and casual appointment of member of Sport Arbitration

Tribunal

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13H.(1) A member of the Sport Arbitration Tribunal may resign by giving

the Minister one month’s written notice of his or her intention to vacate office.

(2) A member of the Sport Arbitration Tribunal appointed to fill a casual

vacancy must hold office for the unexpired portion of the period for which the

vacating member was appointed.

Quorum and decisions of Sport Arbitration Tribunal

13I.(1) Four members of the Sport Arbitration Tribunal, which must include

the Chairperson or the Deputy Chairperson, constitute a quorum at any meeting

of the Tribunal.

(2) A decision of the majority of the members present at any meeting

constitutes a decision of the Sport Arbitration Tribunal and, in the event of an

equality of votes, the Chairperson has a casting vote in addition to his or her

deliberative vote.

Removal of member and dissolution of Sport Arbitration Tribunal

13J.(1) The Minister must remove a member of the Sport Arbitration

Tribunal from office on account of misconduct or inability to perform his or her

duties efficiently after due inquiry and upon recommendation by the National

Assembly.

32

(2) (a) The National Assembly may, after due inquiry and by the adoption

of a resolution, recommend the removal of a member of the Sport Arbitration

Tribunal from office on account of any or all of the following:

(i) Misconduct;

(ii) inability to perform the duties of his or her office efficiently;

(iii) absence from three consecutive meetings of the Sport Arbitration

Tribunal without the permission of the Sport Arbitration Tribunal, except for

good cause shown;

(iv) failure to disclose a conflict of interest in a matter heard by the Sport

Arbitration Tribunal or participation in proceedings of the Sport Arbitration

Tribunal while having an interest in the matter heard by the Sport

Arbitration Tribunal; or

(v) him or her becoming disqualified as contemplated in section 13O.

(b) The National Assembly may, after due inquiry and by the adoption of a

resolution, recommend the dissolution of the Sport Arbitration Tribunal if it

fails in discharging its duties in terms of this Act.

(3) The Minister—

(a) may suspend a member of the Sport Arbitration Tribunal from office at

any time after the proceedings of the National Assembly for the removal of

the member in terms of section 13J have commenced;

(b) must act in accordance with a recommendation contemplated in

subsection (2) within 30 days of receipt by the Minister of that

recommendation; and

33

(c) must dissolve the Sport Arbitration Tribunal if the resolution of the

National Assembly recommends the removal of all the members of the

Sport Arbitration Tribunal.

Appointment of interim Sport Arbitration Tribunal

13K.(1)(a) Upon the dissolution of the Sport Arbitration Tribunal, the

Minister must appoint an interim Sport Arbitration Tribunal consisting of a

person referred to in section 13F(4) and three other persons

recommended by the National Assembly in writing.

(b) The interim Sport Arbitration Tribunal must be appointed within 10

days of receipt of the recommendations of the National Assembly by the

Minister and is appointed for a period not exceeding six months.

Chairperson and Deputy Chairperson of interim Sport Arbitration Tribunal

13L..(1) (a) The Minister must designate the member of the interim Sport

Arbitration Tribunal referred to in section 13F(4) as the Chairperson and

another member as the Deputy Chairperson.

(b) The Deputy Chairperson of the interim Sport Arbitration Tribunal

designated in terms of paragraph (a) must, when the Chairperson is

absent or unable to perform his or her duties, act in his or her stead and

when so acting, exercise or perform any function of the Chairperson.

Quorum of interim Sport Arbitration Tribunal

13M. A quorum for any meeting of the interim Sport Arbitration Tribunal is three

members.

34

Disqualification from appointment to Sport Arbitration Tribunal

13N.(1) A person is disqualified from appointment to the Sport Arbitration

Tribunal if such person—

(a) is not a citizen of, or not permanently resident in the Republic;

(b) is subject to an order of a competent court declaring such person to be

mentally ill or disordered;

(c) is convicted, after the commencement of this Act, whether in the

Republic or elsewhere, of any offence for which such person is sentenced

to imprisonment without the option of a fine;

(d) at any time prior to the date of commencement of this Act was

convicted, or at any time after such commencement is convicted—

(i) in the Republic, of theft, fraud, forgery and uttering a forged

document, perjury, or an offence in terms of the Prevention of

Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992

(Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far

as it relates to the aforementioned offences) of Chapter 2 of the

Prevention and Combating of Corrupt Activities Act, 2004;

(ii) elsewhere, of any offence corresponding materially with any

offence referred to in subparagraph (i);

(iii) whether in the Republic or elsewhere, of any offence involving

dishonesty; or

(e) has been convicted of an offence under this Act.

35

Conflict and disclosure of interest by members of Sport Arbitration

Tribunal

13O. (1) A person appointed to the Sport Arbitration Tribunal must make

the necessary disclosure whether such person—

(a) directly or indirectly, whether personally or through his or her spouse,

partner or associate, has a direct or indirect financial interest in a

controlling body, an event organiser or a stadium or venue; or

(b) his or her spouse, partner or associate, holds an office in or is

employed by any company, organisation or other body, whether corporate

or incorporate, which has a direct or indirect financial interest of the nature

contemplated in paragraph (a).

(2) If at any stage during the course of any proceedings before the Sport

Arbitration Tribunal it appears that any member of the Sport Arbitration Tribunal

has or may have an interest which may cause a conflict of interest referred to in

subsection (1) to arise on his or her part, the member of the Sport Arbitration

Tribunal must forthwith fully disclose the nature of his or her interest and recuse

him or herself from the proceedings of the Sport Arbitration Tribunal.

Functions of Sport Arbitration Tribunal

13P. (1) In addition to hearing any dispute arising in terms of section 13,

the Sport Arbitration Tribunal may hear appeals involving a person who is

aggrieved by a decision of a national federation, association, the Sport

Confederation or any other sport related body in so far as the Act and regulations

provide.

36

(2) The Sport Arbitration Tribunal may confirm or set aside any decision

taken by a national federation, association, the Sport Confederation or any other

sport related body and may, in the place of any decision so set aside, impose a

decision which in its opinion is appropriate.

Procedure and rules of Sport Arbitration Tribunal

13Q.The Sport Arbitration Tribunal may determine its own internal

procedure to dispose of appeals subject to any rules that may be prescribed.

Administrative support to Sport Arbitration Tribunal

13R.The administrative work connected with the performance of the

functions of the Sport Arbitration Tribunal must be performed by officers of Sport

and Recreation South Africa designated by its Director-General in writing for that

purpose.

Expenditure of Sport Arbitration Tribunal

13S.The Department of Sport and Recreation of the Republic of South

Africa is responsible for expenditure of the Sport Arbitration Tribunal.

Remuneration of members of Sport Arbitration Tribunal

13T.The Minister may, in consultation with the Minister of Finance,

determine the remuneration, allowances, and other benefits of the Chairperson,

Deputy Chairperson and other members of the Sport Arbitration Tribunal.

Report of Sport Arbitration Tribunal

37

13U. The Sport Arbitration Tribunal must annually submit to the Minister a

report on the activities of the Sport Arbitration Tribunal which must be tabled in

Parliament.

Appeals

13W. (1) A person who is not satisfied with a decision taken against him or

her in terms of section 13 by a national federation, association, the Sport

Confederation or other sport related body in so far as the Act and regulations

provide, may, within 14 days after receiving a notification of such a decision,

lodge a written appeal with the Sport Arbitration Tribunal.

(2) The appeal contemplated in subsection (1) must be submitted with a

written statement to the Chairperson of the Sport Arbitration Tribunal setting out

the grounds upon which the appeal is based.

\

(3) Until any appeal has been decided upon by the Sport Arbitration

Tribunal, the decision taken against the appellant as referred to in subsection (1),

must be regarded to have been validly made or taken.

(4) The prosecution of an appeal in terms of this section must follow the

prescribed procedures.

(5) The Sport Arbitration Tribunal must promptly decide and dispose of an

appeal lodged before it and must ensure that the object of lodging the appeal is

not defeated by the Sport Arbitration Tribunal’s delay in reaching its decision.

(6) The Minister, after consultation with the Minister of Finance, may

determine the fees or costs of an appeal in the prescribed manner.

38

Offences and penalties

13X (1) Any person or sport or recreation body shall be guilty of an

offence if such a person or sport or recreation body -

(a) fails to comply with the provisions of section 4(2) and (3) of the Act;

(b) contravenes or fails to comply with section 6(3) and 6A;

(c) contravenes and fails to comply with section 11; or

(d) fails to comply with the provisions of sections 13A,13B, 13C and

13D(1).

(2) A person convicted of an offence in terms of this Act is liable to a

fine or imprisonment for a period not exceeding five years or both a fine and such

imprisonment.”

(3) any person or body who exposes children participating in sports or

recreational activity to sexual offences, child trade, or violates any rights of

children as contemplated in terms of the Children Act of 2005 ( Act No. 38 of

2005) as amended and the Constitution of the Republic commits an offence.

(4) Such person or body as contemplated in sub section (3) shall be

punished in terms of the Children Act of 2005 ( Act No.38 of 2005) and any other

legislation applicable.

Amendment of section 14 of Act 110 of 1998

13. Section 14 of the principal Act is hereby amended-

(a) by the deletion of paragraphs (jA), (jB) and (jH); and (jG);

39

(b) by the substitution for the introductory part of section 14 as follows:

“The Minister may, [after consultation with the Sport Confederation in

so far as high performance sport is concerned], make regulations-“;

(c) by the insertion of the following paragraphs after paragraph (Jl):

(Jj) as to the school sport development programme;

(Jk) as to the fees for a sport or recreation agent.”

(d) by the addition to section 14 of the following paragraph after paragraph

(k):

“(l) as to norms and standards for sport and recreation in a province of a

provincial department of sport and recreation;”

“(m) as to the training of sport coaches:”

“(n) as to any other matter in respect of which the Minister may deem fit it

necessary pertaining to any policy items in terms of the National Sport and

Recreation Plan to make regulations in order to achieve the objects of this

Act.”

(e) by the insertion of the following section after section 14:

Bidding and hosting of international sport and recreational event

15. (1) The Minister must approve all application for bidding and hosting of

international major sport and recreation event.

40

(2) Bidding and hosting of international sport and recreation event must

be approved in accordance with the applicable regulations.

Prohibition

16. (1) No person may bid and host international sport and recreation event in

the Republic without the approval of the Minister.

(2) No person may for commercial purposes –

(a) directly or indirectly bid or host international sport and recreation

event without written approval of the Minister; or

(b) promote, advertise or dispose any right pertaining to bidding and

hosting of international sport and recreation event;

(3) No person may –

(a) directly or indirectly manipulate the outcome of sport and

recreational match event;

(b) directly or indirectly accepts or agrees or offer to accept any

gratification from any other person , whether for the benefit of himself or herself

or for the benefit of that other person or another person;

(c) gives or agrees or offers to give to any other person any

gratification, whether for the benefit of that other person or for the benefit of

another person-

(i) in return for –

(aa) engaging in any act which constitutes a threat to

undermines the integrity of any sporting event, including , in

any way, influencing the run of play or the outcome of

sporting event; or

(bb) not reporting the act contemplated in this section to the

authority or to any other person holding a senior position in the

41

sport and recreation body or to the Minister or delegated person

or at his or her nearest police station; or

(ii) as a reward for acting as contemplated in subparagraph (i); or

(d) carries into effect any scheme which constitutes a threat to

or undermine the integrity of any sporting event, including, in

any way, influencing the run of play or outcome of a sporting

event,

Is guilty of the offence of corrupt activities relating to sporting event.

(4) Any person or sport or recreation body who bid and host major

international sport and recreation event without the approval of the

Minister shall be guilty of an offence if such a person or sport or recreation

body :-

(a) contravene and fails to comply with the applicable regulations and this

Act; or

(b) fails to comply with any provisions of the bidding and hosting

guidelines.

(5) A person convicted of an offence in terms of this section is liable to a

fine or imprisonment for a period not exceeding twenty years or both a

fine and such imprisonment.

(6) this section is applicable to activities that occurs even outside the

borders of Republic of South Africa.

42

Delegation of powers

17. (1) The Minister may delegate any of his or her powers or assign any

of his or her duties imposed by this Act, excluding the power to make

regulations, to any official in his or her Department holding the rank of at least

Deputy Director General to Director-General.

(2) Any delegation or assignment contemplated in subsection (1) -

(a) may be subject to such conditions as the Minister may

determine; and

(b) must be in writing.

(3) The Minister may at any time withdraw a delegation or assignment in

writing.”

Short title

18. This Act is called the National Sport and Recreation Amendment Act,

1998 and comes into operation on a date to be fixed by the President by

proclamation in the Gazette.

  
 
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