SOUTH AFRICAN COMBAT SPORT BILL, 2015

REPUBLIC OF SOUTH AFRICA

SOUTH AFRICAN COMBAT SPORT BILL, 2015

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(As introduced in the National Assembly (proposed section 76; explanatory summary

of Bill published in Government Gazette No. of ) (The English text is the

official text of the Bill)

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I

(MINISTER OF SPORT AND RECREATION)

[B - 2015]

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BILL

To provide for the administration, governance and regulation of combat sport

in the Republic; to establish a Combat Sport Regulatory Authority to oversee

combat sport; to make provision for the eestablishment and constitution of a

Council and the appointment of its councilors to implement the oversight

function of the Authority; to provide for the establishment of Committees to

assist the Council; to make provision for appeals against decisions in combat

sport; to provide for the appointment of inspectors and their powers to

monitor combat sport and investigate complaints; and to provide for matters

connected therewith.

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

CHAPTER 1

DEFINITIONS

1. Definitions

2. Objects of Act

3. Interpretation of Act

CHAPTER 2

COMBAT SPORT REGULATORY AUTHORITY

4. Establishment of Combat Sport Regulatory Authority

5. Objects of Authority

6. Functions of Authority

7. Governance of Authority

8. Establishment of Council and appointment of councilors

9. Disqualifications for appointment as councilor

10. Terms and conditions of office, vacation of office and payment of remuneration

and allowances of councilors

11. Functions of Council and its chairperson

12. Accountability of Council

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13. Ministerial supervision of Authority

14. Meetings and conflict of interests

15. Committees to assist Council

16. Staff of Authority

17. Delegation of powers and assignment of duties by Council

18. Funds of Authority

19. Bookkeeping and financial statements

20. Auditing

21. Financial year

CHAPTER 3

REGISTRATION AS CONTROLLING BODIES AND COMBAT SPORT

PRACTITIONERS

22. Obligation to register as controlling body of combat sport and exemptions

23. Application for registration by controlling body

24. Requirements for registration as combat sport practitioner

25. Register of controlling bodies and combat sport practitioners

26. Issuing of registration and identification certificates to registered controlling

bodies and combat sport practitioners

27. Renewal of registration of controlling bodies

28. Suspension, withdrawal and lapsing of registration

29. Application for court order in respect of controlling body and combat sport

practitioner

CHAPTER 4

BROADCASTING RIGHTS

30. Broadcasting rights in combat sport

31. Additional fees for license of promoter in combat sport

32. Report by promoter to Authority

33. Registration of broadcasting network

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34. Promoter and broadcasting network to file copy of contracts for broadcasting

rights

CHAPTER 5

CONSTITUTIONS AND POWERS OF CONTROLLING BODIES

35. Constitutions of controlling bodies

36. Powers of controlling bodies

CHAPTER 6

COMBAT SPORT TOURNAMENT REQUIREMENTS

37. Tournaments to be sanctioned

38. Prohibition of unregistered controlling bodies and combat sport practitioners

39. Banning of unauthorised combat sport

40. Notification of Police, hospitals and health workers

CHAPTER 7

PROTECTION OF CONTROLLING BODIES AND COMBAT SPORT

PRACTITIONERS

41. Prohibition of receipt of compensation or benefits

42. Match fixing or manipulation of combat sport outcomes

43. Protection from exploitation

44. Protection of combat sport practitioners

CHAPTER 8

PROPER CONDUCT AND APPEAL

45. Code of conduct

46. Improper conduct proceedings against controlling bodies or combat sport

practitioners

47. Appeal against decisions

48. Misconduct hearings

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49. Procedures at misconduct hearings

50. Procedures for resolution of disputes

CHAPTER 9

MONITORING AND INVESTIGATION

51. Appointment of inspectors

52. Code of conduct for inspectors

53. Inspection of controlling bodies

54. Powers of inspectors relating to controlling bodies

CHAPTER 10

GENERAL PROVISIONS

55. Regulations

56. Provision of information to Authority

57. Preservation of confidentiality

57. Offences and penalties

58. Extra-territorial application of Act and jurisdiction

59. Limitation of liability

60. Delegation of powers by Minister

61. Repeal of Act 11 of 2001, saving and transitional provisions

62. Short title

SCHEDULE

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CHAPTER 1

DEFINITIONS

Definitions

1. (1) In this Act, unless the context indicates otherwise-

"amateur combat sport" means any form of combat sport without a pecuniary

incentive for a participant in that combat sport or where participation in such a sport

is not a participant’s main source of income;

“Authority” means the Combat Sport Regulatory Authority established in terms of

section 4(1);

“broadcaster” means a broadcaster as defined in terms of the Broadcasting Act,

1999 (Act No. 4 of 1999 as amended);

“broadcasting” means any form of unidirectional telecommunications as defined in

terms of the Broadcasting Act;

“broadcasting rights” means the broadcasting, motion picture and television rights

in respect of a combat sport tournament;

“chairperson” means the chairperson of the Council established in terms of section

8;

“code of conduct” means the code of conduct contemplated in sections 31(1)(m)(ii)

and 40;

"combat sport" means a competitive sport that can range from no contact to full

contact where two or more combat sport fighters fight against each other using

certain rules of engagement, typically with the aim of simulating parts of real hand to

hand combat and involving techniques which encompass –

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(a) strikes by attacking with a part of the human body or with an inanimate

object, such as a weapon, intended to cause an effect upon an opponent

or to simply cause harm to an opponent;

(b) kicks by using a combatant’s feet, legs or knees (also known as a knee

strike either with a kneecap or the surrounding area of the knee);

(c) the elbows by striking an opponent–

(i) with the point of the elbow;

(ii) with the part of the forearm nearest to the elbow;

(iii) with the part of the upper arm nearest to the elbow;

(iv) sideways with the elbow similar to a hook;

(v) upwards with the elbow similar to an uppercut; or

(vi) downwards with the elbow;

(d) knees as alluded to in paragraph (b) above;

(e) grappling by way of –

(i) gripping, handling, and controlling of an opponent without the

use of striking, typically through the application of various

grappling holds, choke holds, and counters to various hold

attempts;

(ii) a grappling position by the positioning and holding of

combatants engaged in grappling as referred to in

subparagraph (i);

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(iii) a neutral position, if neither of the combatants is in a more

favourable grappling position relative to the other; or

(iv) a superior position, if one of the combatants is in a more

favourable grappling position relative to the other;

(f) throws by way of a grappling technique that involves –

(i) off-balancing or lifting an opponent;

(ii) tossing him or her to the ground; and

(iii) a rotating motion as opposed to a takedown;

(g) both striking and grappling as referred to in subparagraphs (a) and (e)

respectively;

(h) mixed martial arts that allows—

(i) a wide variety of fighting techniques from a mixture of martial

arts of different styles, to be used in competitions of combat

sport;

(ii) the use of striking and grappling techniques, both while standing

and on the ground; and

(iii) martial artists of different styles to compete against each other

on a full contact combat sport basis; and

(i) weaponry where combatants, amongst others—

(i) compete against each other by using weapons including, but not

limited to types of blunt swords and sticks; and

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(ii) may also wear complex armour when they compete against

each other;

“combat sport fighter” means a natural person who –

(a) is registered as a combat sport participant by the Authority in terms of section

24;

(b) had been issued with a certificate of registration as a combat sport participant

in terms of section 26; and

(c) competes as combat sport fighter in combat sport tournaments;

“combat sport participant” means a natural person who –

(a) is registered as a combat sport participant by the Authority in terms of section

24; and

(b) who trains or competes as combat sport fighter;

“combat sport practitioner” means a –

(a) a combat sport participant;

(b) a manager;

(c) a promoter;

(d) a trainer; or

(e) an official

who is –

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(i) registered by the Authority in terms of section 24 in any of the categories as

referred to above; and

(ii) in whose name a registration and identification certificate as a combat

sport practitioner has been issued by the Authority in terms of section 26;

“committee” means a committee appointed by the Council in terms of section 15;

“company” means a company within the meaning of the Companies Act, 1973

(Act No. 61 of 1973 as amended);

"controlling body" means—

(a) a national federation as defined in section 1 of the National Sport and

Recreation Act, 1998;

(b) a provincial federation; or

(c) a body, including a trust or registered company of such a body,

that –

(i) administers, governs and regulates any form of combat sport in the

Republic as defined under the definition of "combat sport" at

international, national, provincial or club level in the Republic; or

(ii) that plans, hosts, is in charge of, manages, supervises, or promotes a

tournament in the Republic or in any manner controls or has a material

interest in the organizing and hosting of a combat sport tournament as

contemplated in this Act,

and to which a certificate of registration as a controlling body in combat sport had

been issued in terms of section 27;

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”Council” means the Council established by section 8;

“councilor” means a member of the Council as contemplated in section 8;

“director” means a director of the Authority appointed in terms of section 16(1);

“Director-General” means the Director-General of Sport and Recreation South

Africa;

“inspector” means a person appointed as an inspector in terms of section 46;

"manager" means any person to whom a certificate of registration as a manager in

combat sport had been issued in terms of section 26;

“Minister” means the Minister for Sport and Recreation;

"national federation" means a national federation as defined in section 1 of the

National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) and for

the purposes of this Act, to which a certificate of registration as a controlling body in

combat sport had been issued in terms of section 26;

"official" means any referee, judge, timekeeper, assistant timekeeper, announcer,

second or ringmaster to whom a certificate of registration as an official in combat

sport had been issued by the Authority in terms of section 26;

"person" means any natural or juristic person irrespective of such a person being a

South African citizen or a foreigner which includes a trust;

"prescribed" means prescribed by regulation made under section 50;

"professional combat sport" means any form of combat sport where a pecuniary

incentive is paid to a participant;

"promoter" means any person to whom a certificate of registration as a promoter of

combat sport has been issued in terms of section 26;

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"provincial federation" means a provincial governing body of a of sport in a

province of the Republic recognised by the relevant national federation as the only

authority for the administration and control of the relative form of combat sport in that

province and for the purposes of this Act, to which a certificate of registration as a

controlling body in combat sport had been issued in terms of section 26;

“register” means with regard to a combat sport, the entering of and registering the

name of a controlling body or combat sports practitioner in the register as

contemplated in section 25;

“regulation” means a regulation made in terms of section 50; and

"Sport and Recreation South Africa" means the National Department of Sport and

Recreation;

"the Constitution of the Republic" means the Constitution of the Republic of South

Africa, 1996;

"the National Sport and Recreation Act, 1998" means the National Sport and

Recreation Act, 1998 (Act No. 110 of 1998);

"the Promotion of Administrative Justice Act, 2000" means the Promotion of

Administrative Justice Act, 2000 (Act No. 3 of 2000);

"the Safety at Sports and Recreational Events Act, 2010" means the Safety at

Sports and Recreational Events Act, 2010 (Act No. 2 of 2010);

"this Act" includes the regulations made under it;

"tournament" means any function to which the public have access, whether on

payment of a charge for admission or not, and at which two or more registered

professional or amateur combat sport practitioners engage in that combat sport for

gain, whether by way of competition, exhibition or otherwise; and

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"trainer" means any person to whom a certificate of registration as a trainer in

combat sport had been issued in terms of section 26.

(2) The Minister may, after consultation with the Authority and as long as it

does not prejudice the achievement of the objects of this Act, by notice in the

Gazette, exempt any government department in the Republic providing combat sport

training as a requirements in terms of other legislation from any or all the provisions

of this Act.

Objects of Act

2. The objects of this Act are to—

(a) give effect to the provisions of the Constitution of the Republic;

(b) regulate, control and exercise general supervision over amateur and

professional combat sport at tournaments in the Republic;

(c) protect and regulate the interests of participants in combat sport, trainers,

managers, promoters, officials and other stakeholders involved in professional

combat sport matters;

(d) promote—

(i) orderly collective action;

(ii) combat sport in the Republic; and

(iii) the effective resolution of combat sport disputes;

(e) eliminate undesirable practices;

(f) maintain the highest level of efficiency in combat sport;

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(g) subject to recognising the rules and regulations of the international

federations relative to combat sport, provide a framework within which

participants in combat sport, officials, trainers, managers, promoters and all

other stakeholders in professional combat sport must—

(i) collectively determine terms and conditions of their combat sport

relationship and other matters of mutual interest;

(ii) formulate a combat sport policy; and

(iii) formulate an anti-doping policy;

(h) give effect to all the rights conferred and duties imposed in terms of this Act,

and the rights and duties of a participant in combat sport as a member of an

international professional combat sport body or organisation;

(i) provide for the registration and licensing of stakeholders in professional

combat sport and to ensure proper control and democratic practices in the

process;

(j) provide for the resolution of combat sport disputes through arbitration, appeal

and independent alternative dispute resolution services accredited for that

purpose;

(k) provide for disciplinary mechanisms to ensure the maintenance of discipline in

combat sport;

(l) provide for marketing mechanisms to promote professional and amateur

combat sport in general;

(m) provide for a working relationship in combat sport structures;

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(n) ensure that provision is adequately being made for rules and regulations

within which legal framework both professional and amateur combat sport

participants may participate in combat sport;

(o) consider the recognition of all international combat sport bodies or

organisations and their combat sport champions;

(p) provide for increased participation, involvement and development of women

in combat sport; and

(q) provide for incidental matters.

Interpretation of Act

3. In the event of any conflict between this Act and any other legislation

except for the Safety at Sports and Recreational Events Act, 2010 (Act No. 2 of

2010), this Act shall prevail.

CHAPTER 2

COMBAT SPORT REGULATORY AUTHORITY

Establishment of Combat Sport Regulatory Authority

4. (1) A juristic person to be known as the Combat Sport Regulatory Authority

is hereby established.

(2) The head office of the Authority is situated in Pretoria.

Objects of Authority

5. The primary objects of the Authority are to –

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(a) administer, govern and regulate combat sport in the Republic;

(b) exercise effective control over the practice of the occupation of all forms of

combat sport via its respective controlling bodies in the public and national interest;

(c) promote legitimate controlling bodies which must act in accordance with the

principles contained in the Constitution of the Republic and any other applicable

laws, including but not limited to its constitutions, rules and regulations of such

controlling bodies;

(d) ensure that all controlling bodies act in the public and national interest in the

rendering of combat sport in relation to both amateur and professional combat sport

in the Republic;

(e) promote combat sport as a sport which is characterized by professionalism,

transparency, accountability, equality and accessibility;

(f) promote stability within all forms of combat sport as a sport;

(g) promote and encourage the trustworthiness and integrity of controlling bodies in

combat sport;

(h) determine and enforce minimum standards of occupational conduct in respect of

all combat sport being participated in under the auspices of such controlling bodies;

(i) encourage and promote efficiency in and responsibility with regard to the

promotion of all forms of combat sport as a sport;

(j) promote, maintain and protect the status and interests of the occupation

associated with combat sport by way of its respective controlling bodies;

(k) ensure that the process of registration of controlling bodies in terms of this Act

are transparent, fair, objective and concluded timeously;

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(l) promote high standards of management in controlling bodies;

(m) encourage ownership and control of combat sport as a business by persons

historically disadvantaged through unfair discrimination;

(n) encourage equal opportunity employment practices in combat sport;

(o) promote the protection and enforcement of the rights of controlling bodies,

combat sport practitioners and other employees in the combat sport;

(p) ensure that compliance with existing legislation by controlling bodies, combat

sport practitioners and other employees in the combat sport; are being promoted and

controlled through a process of active monitoring and investigation of their

respective affairs;

(q) protect the interests of controlling bodies, combat sport practitioners and other

employees in combat sport; and

(r) promote the development of combat sport in such a manner to demonstrate a

substantial responsiveness and fulfillment to the needs of controlling bodies, combat

sport practitioners and other employees in the combat sport.

Functions of Authority

6. The Authority must take steps to achieve its objects with the means at its

disposal and may, subject to this Act and any other law, for the purpose of achieving

its objects-

(a) exercise such powers and perform such duties as may be given or assigned to

the Authority in terms of this Act or any other law;

(b) enquire into and report to the Minister in writing or otherwise on any matter

concerning the objects of the Authority;

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(c) advise the Minister in writing or otherwise on any matter–

(i) deemed by the Authority to be necessary or expedient to be considered by

the Minister in connection with the provisions of this Act or the application

thereof; and

(ii) relating to combat sport which has been referred by the Minister to the

Authority for the advice and recommendations of the Authority;

(d) conduct an ongoing study and investigation so as to –

(i) administer, govern and regulate combat sport and practices of controlling

bodies in order to identify shortcomings in combat sport, this Act and any

policy or rule made in terms thereof; and

(ii) to deal with any evasion, abuse or violation of the procedures or principles

contained in this Act or any policy or rule made in terms thereof;

(e) institute legal proceedings and defend or oppose any legal proceedings against

the Authority;

(f) receive and consider applications for the registration or renewal of its registration

from controlling bodies and grant or renew the registration of such applicants that

comply with the requirements for such registration or the renewal in terms of this Act;

(g) suspend or withdraw the registration status of controlling bodies in terms of this

Act;

(h) take such steps as may be necessary to develop and maintain standards and

regulate practices in connection with the occupation of combat sport exercised by

controlling bodies and persons pursuing or intending to pursue such occupation;

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(i) gather information relevant to the occupation of combat sport exercised by

controlling bodies in connection with persons who are managing combat sport or

who are applying to be registered as such;

(j) take steps to protect and assist combat sport practitioners and other employees in

combat sport against or in regard to acts, practices and consequences of exploitation

or abuse;

(k) take such steps as may be expedient or necessary in connection with the training

of combat sport practitioners and other employees in combat sport to ensure a high

quality of training and in particular with regard to -

(i) good governance;

(ii) accountability;

(iii) financial management;

(iv) the participation in the activities of other bodies or persons entitled by

law to –

(a) set standards in respect of the training of combat sport practitioners

and other employees in combat sport; and

(b) formulate, implement or monitor skills development plans for combat

sport;

(v) the appointment of persons to monitor and assess achievements or

outcomes in respect of standards applicable to combat training; and

(vi) the taking of reasonable steps to verify the authenticity of combat training

certificates presented to the Authority by persons for the purposes of this

Act;

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(l) develop and maintain a computerized data base with information required for the

proper performance of the Authority’s functions;

(m) establish and manage branch offices of the Authority;

(n) provide or disseminate information promoting and encouraging compliance

with this Act, the Constitution of the Republic, the constitution and any other

regulatory documents of controlling bodies;

(o) provide information to the users, prospective users or representatives of users

of combat sport regarding the compliance by controlling bodies with the provisions of

this Act;

(p) establish a guarantee fund for combat sport to be managed in the prescribed

manner;

(q) in the prescribed manner establish a complaints office to receive, process, refer

or deal with complaints regarding the quality of service rendered by controlling

bodies;

(r) furnish information required by any department or any organ of State for the

purposes of the Authority’s official functions;

(s) receive, expend and generally administer funds;

(t) open accounts with any banking or other financial institution approved by the

National Treasury;

(u) invest money deposited with the Authority with financial institutions registered in

terms of any law;

(v) determine, charge and collect fees as provided for in this Act or in respect of any

service rendered by the Authority or any object made available by the Authority;

(w) acquire or hire movable or immovable property, or hypothecate, let, sell or

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otherwise dispose of movable or immovable property of the Authority;

(x) accept donations to be made to the Authority with the approval of the Minister;

(y) raise finance from other sources in the course of the normal business of the

Authority;

(z) manage and safeguard the assets of the Authority;

(aa) determine minimum internal control systems for controlling bodies, including but

not limited to, accounting and reporting procedures and any other procedures or

systems;

(bb) become a member of an association or organization or similar body which seeks

to promote any matter in which the Authority has an interest;

(cc) establish relations with or enter into co-operation agreements with bodies or

offices regulating controlling bodies in other countries, or bodies representing such

regulators;

(dd) conduct, or cause to be conducted, hearings, investigations and inquiries with

regard to any matter falling within the scope of its functions;

(ee) enter into contracts including insurance agreements;

(ff) enter into agreements with or obtain the assistance of any department or organ of

the State to conduct or assist it in conducting any investigation or performing any

other functions in terms of this Act;

(gg) cooperate with any person or body in the performance of an act which the

Authority by law is permitted to perform; and

(hh) generally perform any act that contributes to the attainment of its objects.

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Governance of Authority

7. (I) The Authority is governed and controlled by the Council contemplated in

section 8 in accordance with this Act.

(2) The Authority acts through the Council and all acts of the Council are

regarded as acts of the Authority.

(3) The Authority must be impartial in the performance of its functions and

must ensure that in the taking of decisions or other steps, it complies with all legal

requirements for just administrative action.

(4) The Authority must otherwise perform its functions in terms of this Act and

in accordance with such guidelines and policy directions as may be issued by the

Minister from time to time by notice in the Gazette.

(5) A guideline or policy direction issued by the Minister in terms of this

section may be amended, withdrawn or substituted by the Minister, by notice in the

Gazette.

Establishment of Council and appointment of councilors

8. The Council for the Authority is hereby established and consists of the

following councilors:

(a) a chairperson;

(b) a vice-chairperson; and

(c) three additional councilors

appointed by the Minister in consultation with Parliament.

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Disqualifications for appointment as councilor

9. A person may not be appointed as a councilor if such a person -

(a) is not a citizen of or does not have permanent resident status in the Republic;

(b) has a direct or indirect financial or personal interest in the combat sport; or

(c) represents or is a member of a body representing the interests of combat sport

practitioners or employees under the auspices of controlling bodies;

(d) is not a fit and proper person to hold office as a councilor; or

(dl is an unrehabilitated insolvent.

Terms and conditions of office, vacation of office and payment of

remuneration and allowances of councilors

10. (1) A councilor is, subject to this section, appointed for a period not

exceeding three years, on such terms and conditions as the Minister may determine

in a letter of appointment.

(2) A councilor is eligible for reappointment upon the expiry of his or her term

of office, for a period not exceeding two additional terms, if he or she continues to

meet the requirements for such appointment in terms of this Act.

(3) A councilor vacates office when-

(a) he or she becomes subject to any disqualification referred to in section 9;

(b) he or she has been absent from three consecutive meetings of the Council

without leave of the Council;

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(c) he or she is removed from office in terms of subsection (4) hereunder; or

(d) his or her written resignation is accepted by the Council in writing

(4) A member of the Council may at any time be suspended or removed from

office by the Minister, if there is a sound reason for doing so.

(5) If a councilor ceases to hold office, the Minister must, with due regard to

section 9, within a reasonable time appoint a person to fill the vacancy for the

unexpired portion of the former councilor’s term of office.

(6) A councilor, or a member of a committee appointed by the Council, who is

not an employee of the Authority or an officer or employee in the Public Service, may

be paid from the funds of the Authority such remuneration and allowances as the

Council may determine with the concurrence of the Minister and the Minister of

Finance.

(7) The remuneration and allowances referred to in subsection (6) may differ

according to different offices held by councilors or other persons or the different

functions performed by them.

Functions of Council and its chairperson

11. (1) The Council -

(a) must take steps to achieve the objects of the Authority contemplated in section 5

and to ensure performance of the duties of the Authority;

(b) must oversee and exercise general control over the performance of the functions

of the Authority and of the activities of the persons appointed by it to perform the

work of the Authority; and

(c) may by notice in the Gazette make rules, subject to the provisions of this Act

regarding -

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(i) the good management of the affairs of the Council and the effective

functions of the Authority; and

(ii) any matter necessary or expedient for the proper performance of the

execution of its functions.

(2) The chairperson -

(a) may, subject to ratification by the Council, exercise any power of the Council or

fulfill any of its duties;

(b) must prepare the agenda of meetings of the Council;

(c) must sign the minutes of meetings of the Council;

(d) must provide strategic direction to the director and the Council;

(e) may attend meetings of the senior management of the staff of the Authority; and

(f) must establish and maintain liaison with the Director-General relative to the

rendering of its services and to ensure that transformation is effectively taken place

and maintained in combat sport.

Accountability of Council

12. (1) The Council is accountable to the Minister for the performance of its

functions and must -

(a) supply the Minister with such information and particulars as the Minister may in

writing require in connection with the functions of the Authority or any other matter

relating to the Authority;

(b) as soon as may be reasonably practicable after the end of each financial year,

but in any event within three months of the end of financial year of the Authority,

supply the Minister with a copy of -

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(i) the annual report on the activities of the Authority and the Council; and

(ii) the audited financial statements contemplated in section 20 (1), including

any notes to the financial statements and the audit opinion of a duly

appointed auditor contemplated in section 20 (2); and

(c) table a copy of the annual report contemplated in paragraph (b)(i) above in

Parliament and present such further reports to Parliament as Parliament may

request.

(2) For the purposes of this section, the annual report contemplated in

subsection (1)(b)(i) must contain a fair account of the regulatory activities of the

Authority, information on any other matter required by the Minister in writing, and

information on any matter which it is necessary or expedient to bring to the attention

of the Minister.

Ministerial supervision of Authority

13. If the Council or the Authority cannot or does not maintain an acceptable

standard in the fulfillment of one or more of its functions in terms of this Act, the

Minister may intervene by taking any appropriate step to ensure the proper fulfillment

of that function, including but not limited to -

(a) the issuing of a directive to the Council or the Authority, describing the extent of

the failure and stating the steps required to remedy the situation;

(b) assuming responsibility for the relevant function or duty to the extent necessary -

(i) to maintain an acceptable standard; or

(ii) to prevent the Council, the Authority or any person appointed by the

Council or the Authority, from taking any action which is prejudicial to the

objects of the Authority; and

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(c) dissolving the Council and appointing a new Council.

Meetings and conflict of interests

14. (1) (a) The first meeting of the Council must be held on such a date and at such

a time and place as the Minister may determine.

(b) All meetings of the Council thereafter must be held on such dates and at such

times and places as the chairperson may determine in writing in consultation with the

Council.

(2) (a) The chairperson may at any time convene a special meeting of the Council

and must also convene such a meeting at the written request of the Minister.

(b) If at least three councilors request a special meeting in writing, the chairperson

must convene such a meeting within seven days after receiving the request.

(3) The quorum for any meeting of the Council is a simple majority of the

councilors in office at the time.

(4) Subject to subsection (3), a decision of the Council is taken by resolution

agreed to by the majority of councilors at any meeting of the Council.

(5) In the event of an equality of votes regarding any matter, the chairperson

has a casting vote in addition to his or her deliberative vote.

(6) The procedure at a meeting of the Council must be determined by the

chairperson in consultation with the Council and any decision in this regard must be

taken after due consideration of transparency and fairness: Provided that the law

generally applicable to meeting procedures in the Republic must apply in the

absence of a determination or agreement on the procedure to be followed.

(7) The chairperson may, after consultation with the Council, require the

director or a deputy director contemplated in section 16(1) to allow any person to

28

attend any meeting of the Council on such conditions as the chairperson may

determine.

(8) A decision taken by the Council or an act performed by it in terms of that

decision, is not invalid merely by reason of -

(a) any irregularity in the appointment of a councilor;

(b) a vacancy in the Council;

(c) the fact that any person was not entitled to sit as councilor at the time the

decision was taken; or

(d) the fact that a councilor is guilty of an act or omission justifying his or her removal

from office, if such decision was taken by a majority of councilors present at the time

and entitled so to sit, and those councilors at the time constituted a quorum in terms

of subsection (3).

(8) A councilor may not attend, vote at, participate in or influence any meeting

or decision of the Council, if the councilor has a conflict of interests which may

reasonably be seen to preclude the councilor from performing the relevant function in

a fair, unbiased and proper manner.

(9) When the chairperson is absent or is unable to perform functions as

chairperson or whenever the office of the chairperson is vacant, the vice-chairperson

must act as chairperson during such absence or incapacity or until a chairperson is

appointed.

(10) (a) If both the chairperson and the vice-chairperson are absent or unable to

perform the functions of the chairperson, the Council must appoint any other

member to act as chairperson during such absence or incapacity.

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(b) If both the office of the chairperson and that of the vice-chairperson are vacant,

the Minister must appoint any other person to act as chairperson until a chairperson

or vice-chairperson is appointed.

Committees to assist Council

15. (1) The Council may appoint one or more committees consisting of one or

more councilors, or one or more councilors and one or more other persons, or one or

more other persons to advise or assist the Authority in relation to any matter referred

to it by the Council and to report on that matter to the Council.

(2) The Council may establish committees representing different sectors,

disciplines or interests in the combat sport to advise it regarding the regulation of

controlling bodies.

(3) The Council may designate a person as the chairperson of any committee

if such committee consists of more than one member.

(4) A committee must perform its functions subject to the provisions of this Act

and any directives of the Council.

(5) The Council is not legally bound to accept any recommendation made by a

committee.

Staff of Authority

16. (1) The Council must appoint a suitably qualified and experienced person

as the director of the Authority, as well as three deputy directors, on such conditions

and terms as may be determined by the Council in writing.

(2) The director and deputy directors of the Authority must, subject to the

Council’s direction, control and approval -

30

(a) establish administrative structures and divisions necessary for the performance of

the functions of the Authority, which must include an office of the director, a finance

and administration division, a law enforcement division and a training and

communication division;

(b) manage the day to day operations of the Authority and the execution of its

financial and administrative, law enforcement, training, communication and other

functions;

(c) ensure that the functions of the Authority are performed in terms of this Act;

(d) manage, control and oversee the staff of the Authority as well as the performance

of their functions;

(e) report to the Council on the performance and functioning of the Authority;

(f) prepare the business plan of the Authority; and

(g) perform any other function assigned to them by the Council in writing or

otherwise.

(3) The director and deputy directors of the Authority may in writing, with the

written approval of the Council, delegate any of their powers, and assign any of their

duties, to a staff member of the Authority.

(4) (a) The director of the Authority may appoint, subject to this Act and to the

general or special written directions of the Council, the staff of the Authority that may

be necessary to perform the work arising from or connected with the Authority’s

functions in terms of this Act.

(b) The director must in the appointment of staff provide for the advancement of

persons historically disadvantaged by unfair discrimination, with the aim that its staff,

when viewed collectively, must represent a broad cross-section of the population of

the Republic and must generally apply equal employment opportunity practices.

31

(c) Staff members of the Authority may not have any financial interest in the combat

sport and must successfully undergo such security clearance check conducted by

the National Intelligence Agency, as may be determined by the Council if this is

relevant in respect of their work.

(5) Staff appointed in terms of this section may either be appointed as

employees or in terms of a contract for a fixed period.

(6) The terms and conditions of service of the Authority’s staff and their

remuneration, allowances, subsidies and other service benefits must be determined

by the Council with the concurrence of the Minister and the Minister of Finance from

time to time.

Delegation of powers and assignment of duties by Council

17. (1) Subject to subsection (5), the Council may assign any of its functions

or duties and delegate any of its powers, except the power to make rules to its

chairperson or to any committee appointed in terms of section 15.

(2)The Council is neither divested of any power nor relieved of any duty it

may have delegated or assigned.

(3) Any delegation or assignment -

(a) may be made subject to any conditions determined by the Council in writing;

(b) may be given together with the power to sub-delegate or further assign, subject

to such conditions as may be determined; and

(c) must be communicated to the delegatee or assignee in a written notice which

contains sufficient particulars of the matters being delegated or assigned and of the

conditions attached thereto.

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(4) The Council may at any time amend or revoke a delegation or assignment

made in terms of subsection (3), or withdraw any decision made by the delegatee or

assignee with regard to a delegated or assigned matter and decide the matter itself,

unless the decision by the delegatee has conferred a right on a third party.

(5) The Minister may in a notice addressed to the Council prohibit, limit or

impose conditions regarding the-

(a) delegation of power to the Council; or

(b) assignment of any duty of the Council.

Funds of Authority

18. (1) The funds of the Authority consist of money from any legitimate

source, received by or which has accrued to the Authority in terms of this Act or any

other law.

(2) The Authority must use its funds for defraying the expenditure incurred in

the achievement of its objects and the performance of its functions in terms of this

Act.

Bookkeeping and financial statements

19. (1) The Authority must keep such accounting records as are necessary to

reflect the transactions and financial state of affairs of the Authority.

(2) The Authority must, in respect of each financial year of the Authority, make

out financial statements and cause such statements to be audited by a registered

accountant and auditor contemplated in section 20 (2).

(3) The financial statements referred to in subsection (2) must33

(a) be prepared in accordance with generally accepted accounting practice as by the

South African Institute of Chartered Accountants;

(b) by means of figures and a descriptive report, explain all matters and information

material to the financial affairs of the Authority; and

(c) include –

(i) a balance sheet dealing with the assets and liabilities of the Authority;

(ii) an income statement or any similar financial statement dealing with the

income and expenditure of the Authority; and

(iii) a statement of cash flows.

Auditing

20. (1) The accounting records and annual financial statements of the

Authority must be audited annually by persons appointed by the Council.

(2) No person may be appointed in terms of subsection (1), unless he or she

is registered in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80

of 1991) as an accountant and auditor engaged in public practice.

Financial year

21. The financial year of the Authority is a year ending on 31 March.

34

CHAPTER 3

REGISTRATION AS CONTROLLING BODIES AND COMBAT SPORT

PRACTITIONERS

Obligation to register as controlling body of combat sport and exemptions

22. (1) A controlling body may not in any manner administer, govern and

regulate amateur or professional combat sport in the Republic, unless such a

controlling body is registered as contemplated in section 25(3) of this Act.

(2) Any contract, whether concluded before or after the commencement of this

Act, which is inconsistent with a provision contained in subsection (1) is invalid to the

extent to which it is so inconsistent.

(3) The invalidity of a contract as contemplated in subsection (2), does not

affect the applicability of any provision of this Act.

(4) The Minister may, after consultation with the Authority, by notice in the

Gazette exempt a controlling body either generally or subject to such conditions as

may be specified in the notice, from the operation of all or any of the provisions of

this Act.

(5) The exemption as contemplated in subsection (4) may only be applicable

to a government Department that provides combat training as its core function,

including but not limited to, the departments of Police, Defense Force and

Correctional Services.

Application for registration by controlling body

23. (1) An application for registration as a controlling body must be made to

Authority in the prescribed manner and must be accompanied by -

(a) a clear and complete application submitted in the prescribed manner –

35

(i) by the applicant, if the applicant is a natural person;

(ii) by each director, if the applicant is a company;

(iii) by each member, if the applicant is a close corporation;

(iv) by each partner, if the applicant is a partnership;

(v) by each trustee, if the applicant is a trust; and

(vi) by each administrator or person in control, if the applicant is a

foundation;

(b) an application fee as determined by the Authority; and

(c) any other document or certificate required in terms of this Act or by the Authority

to be submitted by the controlling body with an application for registration.

(2) A controlling body applying in terms of subsection (1) for registration as a

controlling body must furnish such additional particulars in connection with the

application as the Authority may determine in writing or otherwise.

(3) If the Authority is of the opinion that the provisions of this Act have been

complied with in respect of an application referred to in subsection (1), it may grant

such application and register the applicant as a controlling body relative to the form

of combat stipulated in its, his or her application.

Requirements for registration as combat sport practitioner

24. (1) Any person applying for registration as a combat sport practitioner may

be registered by the Authority as a combat sport participant, manager, promoter,

trainer or official respectively, if the applicant is a fit and proper person to participate

or to render a service in combat sport and –

36

(a) is a citizen of or has permanent resident status in the Republic;

(b) is at least 21 years of age;

(c) has complied with the relevant training requirements prescribed for his or her

registration as a combat sport practitioner;

(d) was not found guilty of an offence within a period of 10 years immediately before

the submission of the application to the Authority;

(e) was not found guilty of improper conduct in terms of this Act within a period of

five years immediately before the submission of the application to the Authority;

(f) is mentally sound; and

(h) has paid the relevant application fee.

(2) A combat sport practitioner applying to the Authority for registration as a

combat sport practitioner in terms of this section may be so registered only if-

(a) he or she complies with the requirements of subsection (1) and is not an

unrehabilitated insolvent; and

(b) such a combat sport practitioner meets the prescribed requirements in respect of

such registration.

(3) The Authority may cause any inspection to be held which it deems

necessary at any reasonable time to establish whether an applicant meets the

requirements contemplated in subsection (2)(b), against payment by the applicant of

an amount determined by the Authority for this purpose.

(4) The Authority may refuse the registration of any person who37

(a) at the time of submission or consideration of the application, is under State

investigation in respect of any criminal offence; or

(b) was convicted of an offence for more than 10 years immediately before the

submission of the application for registration to the Authority.

(5) Despite the provisions of subsections (1) and (2), the Authority may on

good cause shown and on grounds which are not in conflict with the purpose of this

Act and the objects of the Authority, register any applicant as a combat sport

practitioner.

Register of controlling bodies and combat sport practitioners

25. The Authority must keep a register in which it must enter the name and

prescribed particulars of every controlling body and combat sport practitioner

registered in terms of this Act.

Issuing of registration and identification certificates to registered controlling

bodies and combat sport practitioners

26. The Authority must, in the form prescribed and on such conditions as it

may determine, issue a registration and identification certificate to a controlling body

or any person who has been registered as a combat sport practitioner.

Renewal of registration of controlling bodies

27. The Minister may prescribe –

(a) procedures and principles in respect of periodic applications for the renewal of

the registration of a registered controlling body or combat sport practitioner; and

(b) conditions and requirements for the granting of such applications.

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Suspension, withdrawal and lapsing of registration

28. (1) If there is a prima facie case of improper conduct in terms of this Act,

or of the commission of a criminal offence, against a controlling body or a combat

sport practitioner, the Authority may suspend the registration of such a controlling

body or combat sport practitioner respectively -

(a) pending the conclusion of an investigation or enquiry by the Authority into the

alleged improper conduct; or

(b) pending the conclusion of the criminal investigation by the State into the criminal

offence in respect of that controlling body or combat sport practitioner, or a

determination by the prosecuting authority or the finalization of criminal proceedings

in regard to the offence.

(2) The Authority may suspend the registration of a controlling body or combat

sport practitioner, if any of the grounds contemplated in subsection (1) pertain to a

controlling body or combat sport practitioner.

(3) The effect of a suspension of registration is that the controlling body or

combat sport practitioner whose registration is suspended may not render any

service or participate in any combat sport respectively, unless the prior written

permission of the Authority has been obtained, but during the period of such

suspension the controlling body or combat sport practitioner is still bound by all the

obligations of a registered controlling body or combat sport practitioner provided for

in this Act.

(4) The Authority may, subject to section 7(3), withdraw the registration of a

controlling body or combat sport practitioner by a written notice served on such a

controlling body or combat sport practitioner, if-

(a) the controlling body or combat sport practitioner has furnished to the Authority

information in or in connection with the application for registration which is false;

39

(b) there was some material irregularity in the registration of the controlling body or

combat sport practitioner concerned;

(c) the registration of the controlling body or combat sport practitioner was granted in

error or on the basis of incorrect information furnished by any person, including any

Government department or organ of State, to the Authority;

(d) at any time after registration, the controlling body or combat sport practitioner -

(i) is found guilty of a criminal offence;

(ii) is found guilty of improper conduct in terms of this Act;

(iii) is no longer a fit and proper person to render services or to participate in

combat sport; or

(iv) does not comply with one or more of the requirements for registration

referred to in section 24 (l)(a), (b) and (h), or in section 24 (2).

(5) The registration of a controlling body or combat sport practitioner lapses if

it is not renewed as contemplated in section 27.

(6) Whenever the registration of a combat sport practitioner is suspended or

withdrawn in terms of this Act or if it lapses, the combat sport practitioner must

forthwith return to the Authority the registration and identification certificate issued to

the combat sport practitioner in terms of section 26.

(7) The Authority may on application by another combat sport practitioner or

controlling body suspend or withdraw the registration of a combat sport practitioner

in such circumstances and on such conditions as may be prescribed.

(8) The Authority may uplift the suspension of the registration of a combat

sport practitioner, if there is reason to do so.

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Application for court order in respect of controlling body and combat sport

practitioner

29. (1) The Authority may by way of application on notice of motion apply to a

court for an order-

(a) interdicting a controlling body or combat sport practitioner from rendering a

service in combat sport or participating in a form of combat sport in combat sport

tournaments respectively for such a period as the court may determine, if a

controlling body or combat sport practitioner is contravening a provision of this Act or

if the activities or intended activities of the controlling body or combat sport

practitioner might seriously harm the national, or the public interest or the interests of

any category of persons; or

(b) compelling a controlling body or combat sport practitioner to comply with a

provision of this Act.

(2) The court having jurisdiction in respect of an application in terms of

subsection (1), is any division of the High Court of South Africa within whose area of

jurisdiction the a controlling body or combat sport practitioner concerned is resident,

employed or carries on business.

CHAPTER 4

BROADCASTING RIGHTS

Broadcasting rights in combat sport

30. (1) Broadcasting rights in combat sport shall vest in the Authority, subject

to the terms and conditions as set out hereunder.

(2) The Authority shall have the power to approach all broadcasters in the

Republic on behalf of all the stakeholders in a particular form of combat sport in

order to negotiate suitable dates for the broadcasting of combat sport tournaments in

respect of a combat sport.

41

(3) When negotiating with the broadcasters, the Authority must relative to the

particular combat sport referred to in subsection (2) ensure that the following are

taken into account, amongst others:

(a) The development of the particular form of combat sport;

(b) Combat sport tournaments in rural areas as oppose to urban areas in

the Republic;

(c) Gender issues relative to the form of combat sport; and

(d) The minimum broadcasting fee to be paid by the promoter of such a

combat sport tournament to the controlling body of such a combat sport

weighed against any relevant or applicable legislation, constitution,

rules and regulations relative to the specific form of combat sport.

(4) The Authority must –

(a) copy all its and the broadcasters’ correspondences referred to in this

section to the respective controlling body of the specific combat sport ;

and

(b) liaise on a regular basis with the respective controlling body of the

specific combat sport

relative to –

(i) the endeavors of the Authority insofar as its negotiations with the

broadcasters; and

(ii) new developments and outcomes in pursuance of such negotiations

are concerned.

(c) Notwithstanding the above, a promoter in combat sport shall have the

right to -

42

(i) apply or tender for specific combat sport tournament dates as

negotiated by the Authority directly with the broadcasters; and

(ii) negotiate the final broadcasting right fee to be paid by the

broadcaster to the promoter directly.

Additional fees for license of promoter in combat sport

31. In addition to the payment of any other fees and money due in terms of

this Act, every promoter must-

(a) within seven days after the staging of a tournament submit to Authority

and the controlling body under whose auspices the form of combat sport

reside –

(i) under oath a written statement setting forth the broadcast income

and other income derived from the combat sport tournament; and

(ii) a copies of the signed contracts between all the combat fighters

who participated at the combat sport tournament;

(b) within 30 days after the staging of a combat sport tournament pay to the

controlling body under whose auspices the form of combat sport reside, as a

licensing fee-

(i) where the total of the broadcast income and other income does not

exceed R2 000 000.00, an amount equal to the total of 10% of the

broadcast income and 5% of the other income, plus value added

tax; or

(ii) where the total of the broadcast income and other income exceeds

R2 000 000.00, the sanctioning fee, plus value added tax, which

was agreed in writing by the controlling body and the promoter prior

43

to the sanctioning of the tournament by the controlling body:

Provided that the licensing fee deposit and the estimated licensing

fee which were paid to the Authority, shall be deducted from the

amount payable under this subsection; and

(c) pay interest on the principal amount from the time the failure starts at

the rate of prime plus two per cent per annum should the promoter fail

or neglect to pay any additional fees in terms of this section.

Report by promoter to Authority

32. Every promoter of a combat sport tournament shall, within 10 days after

the completion of any combat sport tournament for which an admission fee is

charged and received, furnish to the Authority a verified written report showing-

(a) the number of tickets sold and issued or sold or issued for the combat

sport tournament; and

(b) the amount of the:

(i) gross receipts from admission fees; and

(ii) gross receipts derived from the sale, lease or other

exploitation of broadcasting rights of such combat sport

tournament,

without any deductions for commissions, brokerage fees, distribution fees,

advertising, contestants’ purses or any other expenses or charges.

Registration of broadcasting network

33. (1) The Authority may in writing require a broadcasting network for

television that televises professional combat sport tournaments in the Republic to

register with the Authority before it participates, directly or indirectly, in any

professional combat sport tournament.

44

(2) If such registration is required, the Authority must adopt regulations that

prescribe, without limitation, the requirements for registration and any fees payable

for registration as a broadcasting network for television referred to in subsection (1).

(3) The Authority may require a broadcasting network that applies for

registration in terms of subsection (2) to:

(a) pay the costs of the proceedings relating to the issuance of the

registration, including, without limitation, investigative costs and

attorney’s fees; and

(b) deposit with the Authority such an amount of money as the

Authority deems necessary to pay for those costs: Provided that if any

amount required to be deposited pursuant to this paragraph exceeds

the actual cost of the proceedings, including, without limitation,

investigative costs and attorney’s fees, the Authority shall refund the

excess amount to the broadcasting network upon the completion of the

proceedings.

Promoter and broadcasting network to file copy of contracts for broadcasting

rights

34. (1) A promoter and a broadcasting network for television, if applicable,

shall each, at least 72 hours before a combat sport tournament is to be held, file with

the Authority a copy of all contracts entered into for the sale, lease or other

exploitation of the broadcasting rights for the combat sport tournament.

(2) The promoter shall keep detailed records of the accounts and other

documents related to the promoter’s receipts from the sale, lease or other

exploitation on the broadcasting rights for a combat sport tournament: Provided

that the Authority, at any time, may inspect these accounts and documents to

determine the amount of the total gross receipts received by the promoter from the

broadcasting.

45

(3) If a promoter or a broadcasting network fails to comply with the

requirements of this section, the Authority may determine the amount of the total

gross receipts from the sale, lease or other exploitation of the broadcasting rights for

the combat sport tournament and assess the appropriate license fee to be paid to

the controlling of the form of combat sport.

(4) Each contract filed with the Authority pursuant to this section is confidential

and is not a public record.

CHAPTER 5

CONSTITUTIONS AND POWERS OF CONTROLLING BODIES

Constitutions of controlling bodies

35. A registered controlling body shall be entitled to administer, govern and

regulate its form of combat sport in the Republic in terms of its own constitution,

rules and regulations under the auspices of the Authority and Council, subject to

such constitution, rules and regulations totally conforming to –

(a) the Constitution of the Republic;

(b) the provisions of this Act;

(c) the National Sport and Recreation Act, 1998; and

(d) the Safety at Sports and Recreational Events Act, 2010.

Powers of controlling bodies

36. (1) For the purposes of attaining the objects of this Act or its constitution,

rules and regulations, a controlling body may—

46

(a) acquire or hire the property that it considers necessary for the effective

performance of its functions;

(b) invest or otherwise deal with its funds not immediately required for the

purpose of meeting its financial obligations, of which investments the

controlling body is fully responsible and accountable for such investments or

actions;

(c) recommend to the Authority to a issue registration and identification certificate

respect of the relevant combat sport to a combat sport practitioner that

qualifies for the relevant certificate and has applied to the Authority in the

prescribed manner;

(d) examine or test the physical or mental ability of any prospective combat sport

practitioner who have been issued with a registration and identification

certificate as a combat sport practitioner by the Authority in terms of section

26, subject to such a test being done and overseen by an independent body

that has a thorough understanding of and adequate expertise relative to the

particular form of combat sport of a combat sport practitioner to be tested;

(e) require any person who wishes to participate or render a service in its form of

combat sport to produce proof of his or her registration in terms of section 26

as a combat sport practitioner in any of the following respects:—

(i) a combat sport participant;

(ii) a trainer;

(ii) a promoter;

(iii) a manager; or

(iv) an official

47

and to furnish the controlling body with the information which it deems

necessary;

(f) recommend to the Authority the suspension, cancellation or renewal any

registration and identification certificate of any combat sport practitioner that

was issued by the Authority under paragraph (c);

(g) sanction the holding of combat sport tournaments subject to the conditions

that it deems fit: Provided that the controlling body may revoke such

sanctioning in writing in the event of a promoter not complying with any of the

requirements for the sanctioning of a combat sport tournament that may be

prescribed from time to time;

(h) at any time prior to the holding of any combat sport tournament, prohibit any

combat sport participant from participating in a tournament if—

(i) after an examination or test for physical or mental fitness as alluded to

in paragraph (d), it is satisfied that the combat sport practitioner should

not be allowed to participate or render a service in combat sport; or

(ii) the combat sport practitioner refuses to submit himself or herself to an

examination or test;

(i) if any combat sport participant in a combat sport tournament is disqualified by

the referee for—

(i) not participating in that sport to the best of his or her ability as a result

of match fixing referred to in section 42;

(ii) retiring from the tournament without sufficient cause as a result of

match fixing referred to in section 42; or

(iii) committing a deliberate foul as prescribed,

48

after consulting with the judges at the ringside at the tournament, declare the

whole or any portion of the amount payable to such participant for his or her

services in the tournament to be withheld pending further investigation and a

hearing before a disciplinary panel designated by that controlling body as

contemplated in subparagraph (l);

(j) provide for a system for the grading of combat sport participants and the

rating of combat sport tournaments;

(k) institute disciplinary measures against any person involved in combat sport;

(l) recommend to the Authority to impose punishment in the form of a fine or the

cancellation or suspension of a combat sport practitioner’s registration and

identification certificate or both such fine and recommendation relative to

cancellation or suspension of the participant, subject to the participant being

found guilty in a disciplinary hearing by the controlling body as prescribed

from time to time;

(m) subject to compliance with the relevant provisions of the Promotion of

Administrative Justice Act, 2000, refuse the participation of a combat sport

practitioner or permission to render a service in its form of combat sport by a

on any of the following grounds, amongst others:

(i) in the case of any combat sport practitioner, if such a person

annually, fails to apply on the appropriate application forms as set

out by the Authority to be registered as such;

(ii) in the case of any combat sport practitioner, failing to conform to a

code of conduct determined by the Authority or a controlling body in

writing;

(iii) in the case of any combat sport practitioner, failing to be bound by

the provisions of this Act, its Regulations or any other relevant law;

49

(iv) in the case of any combat sport practitioner, acting in any capacity

other than that in which he or she has been registered by the

Authority in terms of section 26;

(v) in the case of any combat sport practitioner, if such a person is

found to be registered in more than one capacity at the same time,

regardless whether it is in his or her personal capacity or as a

shareholder, member or director of a juristic person or as a

representative of any person or body;

(vi) in the case of any combat sport practitioner, if such a person

contravenes any of the conditions associated with his or her

registration and identification certificate issued by the Authority to

such a person;

(vii) in the case of a combat sport participant in combat sport, if such a

participant fails to report to a gymnasium or other venue as

determined by a controlling body in order to have his or her combat

sport ability tested by a independent person designated by a

controlling body;

(viii) in the case of a combat sport participant, if such a participant fails

to submit himself or herself, at his or her own expense, to a medical

examination by a registered medical practitioner and submit the

results of the examination to a controlling body which medical

examination shall include, amongst others, a test for the Human

Immune-deficiency Virus (HIV-infection) and Hepatitis B and, in the

case of a female participant in combat sport, a breast and pelvic

examination;

(ix) in the case of a combat sport participant, recommend to the

Authority that a registration and identification certificate as

contemplated in section 26 must not be issued to a combat sport

50

participant, if he or she suffers from any of the following medical

conditions:

(aa) High blood pressure (hypertension amounting to a

reading higher than 140/80 taken over several readings);

(bb) an organic heart disease or a history of cardiac surgery;

(cc) a lung disease;

(dd) retinopathy, a retinal detachment or a history of eye

surgery;

(ee) defective vision: both eyes not less than J10 for myopia

or 20/100 for hyperopia;

(ff) herniae of the abdomen or organomegaly (liver or spleen)

or palpable masses in the abdominal region;

(gg) absence of one kidney or evidence of a renal disease;

(hh) physical deformity or other medical condition that, in the

opinion of a controlling body or its medical advisors, may

lead to bodily injury or may affect the boxer's ability to

adequately defend himself or herself;

(ii) a brain disease, brain injury or a history of brain surgery;

(jj) evidence of disease of the nervous system;

(kk) an enlargement of the thyroid or lymphatic glands or

active thyroid disease;

(ll) he human immuno-deficiency virus infection;

51

(mm) hepatitis B surface antigen;

(nn) pregnancy in the case of a female boxer;

(oo) evidence of breast disease or in the case of a female

boxer a history of breast surgery; or

(pp) any other disease or medical condition which, in the

opinion of controlling body or its medical advisors, may

constitute a risk to the health of a participant in combat

sport, his or her opponents, or the said participant and his

or her opponents, as the case may be;

(x) in the case of a combat sport participant, where such a participant

in the opinion of a controlling body has endured excessive

punishment, despite the participant undergoing a positive

neurological investigation, make recommendations to the Authority

to refuse his or her application for annual renewal of his or her

registration and identification certificate;

(xi) in the case of a promoter, to hold or assist in holding of a combat

sport tournament as contemplated in section 32 whilst —

(aa) a registration and identification certificate to hold such a

tournament has not been issued by the Authority; and

(bb) such a promoter has not complied fully with the

provisions of the Safety at Sports and Recreational

Events Act, 2010;

(xii) in the case of any combat sport practitioner, where he or she has

not complying fully with the provisions of this Act;

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(xiii) in the case of a promoter failing to provide written proof to the

controlling body as contemplated in section 40 that the—

(aa) police station nearest to the venue of the combat sport

tournament has been notified of the date and time of the

tournament; and

(bb) nearest provincial hospital to the venue of the combat

sport tournament, including health workers, have been

notified of the date and time of the tournament;

(xiv) in the case of any combat sport practitioner being found guilty of

match fixing or attempting to fix matches in combat sport as

contemplated in section 42;

(xv) in the case of any participant, official, promoter or manager in a

combat sport, contravening any of the provisions of section 38

insofar as exploitation is concerned;

(xvi) in the case of any combat sport practitioner –

(aa) putting combat sport into disrepute;

(bb) displaying any conduct detrimental to the interests of

combat sport or the public interest, including but not

limited to:—

(i) any breach of a provision of the Act;

(ii) any failure to comply with an oral or written order

issued by a controlling body, Authority or Council;

(iii) any failure to honour any contractual obligation; or

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(iv) incompetence relative to the general standard

required for such a combat sport practitioner;

(n) enforce any refusal, suspension or cancellation of the registration and

identification certificate of any combat sport practitioner as prescribed;

(o) issue written approval to any combat sport participant proceeding to any place

outside the Republic to take part in tournaments, in which case a full

professional record or any other information of the participant compiled by the

controlling body and a medical certificate showing the current medical status

of that participant must be attached to the written approval;

(p) issue written approval to any combat sport participant ordinarily resident

outside the Republic to participate at combat sport tournaments in the

Republic, subject to compliance with the Immigration Act, 2002 (Act No. 12 of

2002), and to the said participant producing to the controlling body on arrival

in the Republic, a letter of authorisation from the controlling body of the said

participant by which he or she is licensed along with the full current medical

status and professional combat sport record of that participant;

(q) subject to the provisions of the Safety at Sports and Recreational Events Act,

2010, take any steps which a controlling body considers necessary or

expedient for the due and proper regulation or control of, or to enable it to

exercise due and proper supervision over combat sport practitioners and

spectators at combat sport tournaments;

(r) at the written request of an international controlling body which is recognised

by the controlling body, host a combat sport tournament on behalf of such

international controlling body, subject to the conditions agreed upon in writing

and to the provisions of the Safety at Sports and Recreational Events Act,

2010;

(s) require of any combat sport participant taking part in a tournament in any

place outside the Republic to—

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(i) furnish the controlling body with full details in writing of the purse

money agreed to regarding the said tournament, 30 days before the

tournament;

(ii) disclose to the controlling body any other information relating to the

combat sport participant’s participation in a tournament that the

controlling body request; and

(iii) seek permission from the controlling body in writing to participate in the

relevant combat sport abroad;

(t) subject to the provisions of the Safety at Sports and Recreational Events Act,

2010, establish committees that the controlling body deems necessary to

assist it in its functions; and

(u) at the written request of an international controlling body which is recognised

by it, exercise or perform in any place outside or inside the Republic, any

power or function that the controlling body is capable of exercising or

performing by virtue of this Act or the constitution of the controlling body.

(2) A controlling body must, subject to the Promotion of

Administrative Justice Act, 2000, notify any person whose rights have been

adversely affected by any action or decision of the controlling body of –

(a) his or her right to request reasons for such an action or decision on application in

writing by that person; and

(b) his or her right to be granted the opportunity of a hearing to show cause why

such action or decision should not have been taken.

(3) A controlling body may—

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(a) enter into an agreement with any independent person, body or organisation or

any agency accredited in writing by a controlling body to perform any function of a

controlling body; and

(b) perform any of its functions in association with any other person, body or

organisation,

subject to the provisions of this Act and the controlling body ensuring that it has

adequate oversight measures in place to monitor and control the proper execution

and performance of any of the functions referred to above.

(4) A controlling body must comply with the provisions of the South

African Institute for Drug Free Sport Act, 1997 (Act No.14 of 1997 as amended) and

allow the Institute to enter the premises where a combat tournament is to be hosted

and do random tests to all combat sport participants as and when required by the

Institute.

CHAPTER 6

COMBAT SPORT TOURNAMENT REQUIREMENTS

Tournaments to be sanctioned

37. A controlling body or combat sport practitioner may not –

(a) hold or assist in holding; or

(b) participate as combat sport practitioner in

any combat sport tournament, unless—

(i) the holding of such tournament has been sanctioned by the relevant

controlling body;

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(ii) such a controlling body or combat sport practitioner has been issued with a

registration and identification certificate by the Authority respectively;

(iii) such a controlling body or combat sport practitioner has complied fully with

the provisions of this Act and any other relevant laws; and

(iv) such a controlling body or combat sport practitioner has complied fully with

the provisions of sections 4, 5, 6, 7, 8, 9, 11, 15, 17, 18, 19, 20, 23, 24 and 25

of the Safety at Sports and Recreational Events Act, 2010, if applicable.

Prohibition of unregistered controlling bodies and combat sport practitioners

38. No person may—

(a) administer, govern and regulate combat sport as a controlling body in the

Republic;

(b) take part in any tournament as a participant or an official in combat sport;

(c) train any participant in combat sport with a view to his or her participation in

any tournament;

(d) manage the affairs of any participant in combat sport in so far as they relate to

his or her participation in tournaments as a participant; or

(e) promote or negotiate with any participant in combat sport with a view to

procuring his or her services as a participant in a combat sport at a

tournament,

unless that person is in possession of a valid registration and identification certificate

as a controlling body or combat sport practitioner, as the case may be, issued to it,

him or her by the Authority under section 26.

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Banning of unauthorised combat sport

39. (1) No person may participate in or promote a professional or amateur

combat sport fight unless, where applicable—

(a) he, she or it has complied fully with the provisions of this Act;

(b) in the case of a controlling body, it had applied for and has been issued by a

registration and identification certificate by the Authority which mandates the

controlling body to organize and host its form of combat sport tournaments in

the Republic; and

(c) in the case of a combat sport practitioner, had applied for and has been

issued by a registration and identification certificate by the Authority which

mandates the combat sport practitioner to fight or participate in his or her form

of combat sport tournaments in the Republic.

(2) The Authority may on reasonable grounds, subject to sections 3

and 5 of the Promotion of Administrative Justice Act, 2000, suspend, withdraw or

amend its approval given to –

(a) a controlling body to host its form of combat sport tournaments in

the Republic; and

(b) a combat sport participant to fight or participate its form of combat

sport in the Republic.

Notification of Police, hospitals and health workers

40. If a combat sport tournament has been sanctioned by a controlling

body and scheduled to take place on a specific date, the promoter of such

tournament must, subject to the provisions of the Safety at Sport and Recreational

Events Act, 2010, provide written proof to the controlling body that the—

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(a) police station nearest to the venue of the tournament has been notified of the

date and time of the tournament; and

(b) nearest provincial hospital to the venue of the tournament, including health

workers, have been notified of the date and time of the tournament: Provided

that if there is no provincial hospital within a radius of 10 kilometres from such

venue, the nearest private hospital to the venue shall be notified as

contemplated above.

CHAPTER 7

PROTECTION OF CONTROLLING BODIES AND COMBAT SPORT

PRACTITIONERS

Prohibition of receipt of compensation or benefits

41. (1) No—

(a) member or employee of a controlling body; or

(b) person who administers or enforces combat sport laws,

may for a corrupt purpose be employed by, enter into an agreement with or receive

any compensation or benefit from a promoter, participant in combat sport, manager

or any person who sanctions, arranges or promotes combat sport matches or who

otherwise has a financial interest in a participant in combat sport.

(2) Any person contemplated in subsection (1) may be subjected to

an investigation of corrupt activities in terms of section 22 of the Prevention and

Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004).

(3) For the purposes of this section, "compensation" does not

include funds held in trust for payment to another person in connection with a

combat sport match.

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Match fixing or manipulation of combat sport outcomes

42. For the purposes of this Act, a person who directly or indirectly

transgresses sections 15, 21 and 35 of the Preventing and Combating of Corrupt

Activities Act, 2004 (Act No. 12 of 2004) shall be guilty of an offence of corrupt

activities relating to sporting events as defined in section 1 of that Act.

Protection from exploitation

43. (1) Any contract between a combat sport participant and a promoter or

manager must at least—

(a) specify a minimum number of combat sport matches per year for that

participant; and

(b) specify the duration of the contract, including any provision for extension of

that period.

(2) The period of time for which promotional rights to promote a

combat sport participant may be granted—

(a) under a contract between such a participant and a promoter; or

(b) between promoters in respect of a combat sport participant,

may not exceed 12 months if—

(i) the participant is required to grant such rights; or

(ii) the participant's promoter is required to grant such rights in respect of

the participant,

as a condition precedent to the combat sport participant's participation in a combat

sport match against another combat sport participant who is under contract to the

promoter.

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(3) A promoter may not secure exclusive promotional rights from a

combat sport participant’s opponents as a condition of participating in a combat sport

match against that participant, and any contract to the contrary—

(a) must be regarded to be in restraint of trade and contrary to public policy; and

(b) is unenforceable.

(4) All contracts signed between a promoter and a combat sport

participant must be submitted to the relevant controlling body for approval in writing.

(5) Nothing in this section must be construed as excluding any other

law concerning interference with contracts.

(6) Any contravention of subsections (1) to (5) above shall be

subject to the provisions of section 58 of the Act.

Protection of combat sport practitioners

44. (1) No person may—

(a) discriminate against a combat sport practitioner for exercising any right in

terms of this Act;

(b) prevent a combat sport practitioner to exercise any right in terms of this Act or

the Safety at Sports and Recreational Events Act, 2010; or

(c) advantage, or promise to advantage a combat sport practitioner, if that a

combat sport practitioner in exchange for such advantage is required to

refrain from exercising any right in terms of this Act, or from participating in

any proceedings in terms of this Act.

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(2) A provision in any contract, entered into after the

commencement of this Act, that contradicts or limits any provision of this Act or the

Safety at Sports and Recreational Events Act, 2010, is invalid.

CHAPTER 8

PROPER CONDUCT AND APPEAL

Code of conduct

45. (1) The Minister must, after consultation with the Council, prescribe a code

of conduct for a controlling body or combat sport practitioner which contain sufficient

procedures and rules of evidence for its enforcement.

(2) The code of conduct is legally binding on a controlling body or combat

sport practitioner, irrespective of whether they are registered with the Authority or not

and, to the extent provided for in this Act, on every person using his or her own

employees to provide a service related to combat sport which also includes combat

sport as a recreational activity.

(3) The code of conduct must contain rules -

(a) that a controlling body or combat sport practitioner must obey in order to

promote, achieve and maintain –

(i) a trustworthy and amateur and professional combat sport industry which

acts in terms of the laws applicable to the members of the said industry;

(ii) compliance by a controlling body or combat sport practitioner with a set

of minimum standards of conduct which is necessary to realize the

objects of the Authority; and

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(iii) compliance by a controlling body or combat sport practitioner with their

obligations towards the State, the Authority, consumers of combat sport

services, the public and the combat sport industry in general; and

(b) to ensure the payment of minimum wages and compliance with standards aimed

at preventing exploitation or abuse of employees in the combat sport industry,

including employees used to provide a combat sport service in general.

(4) The code of conduct must be drawn up with due regard to -

(a) the objects of the Authority; and

(b) the different categories or classes of controlling bodies or combat sport

practitioners and any other factor meriting differentiation not amounting to unfair

discrimination.

(5) The code of conduct may provide for different penalties in respect of

different categories or classes of controlling bodies or combat sport practitioners or

other persons who employ employees to render a combat sport service.

(6) (a) The code of conduct drawn up in terms of subsection (1) must first be

published by the Minister in the Gazette with a notice indicating that the Minister

intends to issue such a code and inviting interested persons to submit to the Minister

within a stated period, but not less than four weeks from the date of publication of the

notice, any objections to or representations concerning the proposed code of

conduct: Provided that if the Minister after the expiry of that period decides on any

alterations of the proposed code as a result of any objections or representations, it is

not necessary to publish such alterations for further comment.

(b) The provisions of paragraph (a) apply with regard to any amendment of the code

of conduct.

(7) (a) A code of conduct comes into operation on a date determined by the Minister

in the Gazette.

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(b) The Minister may for the purposes of paragraph (a) determine different dates in

respect of different categories or classes of a controlling bodies or combat sport

practitioners.

Improper conduct proceedings against controlling bodies or combat sport

practitioners

46. (1) Improper conduct proceedings may, in the prescribed manner, be

instituted by the Authority against a controlling body or combat sport practitioner or

other person who employs an employee to render a combat sport service, on

account of an allegation of improper conduct, whether such improper conduct was

allegedly committed within or outside the borders of the Republic.

(2) The person presiding at improper conduct proceedings may, on good

grounds, conduct or proceed with such proceedings in the absence of a controlling

body or combat sport practitioner concerned.

Appeal against decisions

47. (1) Any person aggrieved by -

(a) the refusal by the Authority to grant its, his or her application for registration as a

a controlling body or combat sport practitioner respectively;

(b) the suspension or withdrawal of its, his or her registration as a controlling body or

combat sport practitioner respectively by the Authority; or

(c) a finding against it, him or her, of improper conduct in terms of this Act, or the

punishment imposed in consequence of the finding,

may within a period of 60 days after service of the notification of the relevant

decision contemplated in paragraph (a), (b) or (c), appeal to an appeal committee:

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Provided that a decision taken by any official during a combat sport tournament are

not subject to appeal.

(2) An appeal committee contemplated in subsection (1) is appointed by the

Minister for every appeal and consists of -

(a) a person with not less than five years’ experience as an attorney, advocate or

magistrate, who is the presiding officer; and

(b) two other persons if it is considered appropriate by the Minister.

(3) Every person serving as a member of an appeal committee must be

independent from the Authority and may not have a personal interest in the combat

sport industry or in the affairs of an appellant.

(4) The procedure in connection with the lodging and prosecution of an appeal

in terms of this section must be prescribed.

(5) The amounts payable by an appellant to the Authority in respect of the

reproduction of records and related matters in the lodging and prosecution of an

appeal must be prescribed.

(6) The appeal committee hearing an appeal in terms of this section may

confirm, set aside or vary the decision or substitute for such decision any other

decision which in the opinion of the appeal committee ought to have been taken and

direct the Authority to do everything necessary to give effect to the decision of the

appeal committee.

(7) A member of the appeal committee may be paid such remuneration and

allowance as the Minister may, from time to time, determine with the concurrence of

the Minister of Finance.

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Misconduct hearings

48. (1) A controlling body may, following a complaint or at its own initiative,

require any combat sport practitioner or person employed to render a service in

combat sport to appear before it in connection with any allegation of misconduct.

(2) For the purposes of this section, misconduct shall mean conduct

detrimental to the interests of combat sport or the public interest, including but not

limited to:—

(a) any breach of the Act;

(b) any failure to comply with an order issued by a controlling body, Authority or

Council;

(c) any failure to honour any contractual obligation; or

(d) incompetence relative to the general standard required for such a combat

sport practitioner or person employed to render a service in combat sport.

(3) A controlling body shall proceed to determine the matter and if it

determines that a person is guilty of the alleged misconduct, it may make an order

that it reasonably deems fit, including but not limited to recommending to the

Authority in writing to –

(a) cancel or suspend a registration and identification certificate of a combat sport

practitioner for such period as the Authority may decide in writing;

(b) terminate or suspend the services of a person employed to render a service in

combat sport; or

(c) impose a fine or make such order as to the validity of a contract as the Authority

reasonably considers fit or award compensation or make an order for costs.

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(4) If an order for the cancellation or suspension of a registration and

identification certificate is made by the Authority in respect of a combat sport

practitioner holding more than one licence, the Authority may cancel or suspend any

or all of the registration and identification certificates held by such a combat sport

practitioner.

Procedures at misconduct hearings

49. (1) This section applies, save as herein otherwise expressly stated,

to all hearings under section 48.

(2) A controlling body shall be entitled to appoint a committee to hear

allegations of misconduct under section 48: Provided that any reference to a

controlling body in this section shall accordingly be deemed to include a reference to

such a committee: Provided further that the decision of such committee shall be

deemed to be the decision of that controlling body.

(3) A controlling body shall give at least 10 days notice in writing in the

prescribed manner to all persons concerned to appear at a hearing under section 48:

Provided that a controlling body may decide under special circumstances that a

shorter period of notice shall be given, in which case such decision shall be final and

binding on all persons concerned.

(4) The notice contemplated in subsection (3) shall include details of the

alleged misconduct and the date and place of the hearing.

(5) No person shall be entitled to have legal representation at a hearing

under section 48, unless a controlling body, in its sole discretion and having regard

to the complexity of the evidence and the legal issues likely to be involved,

determines otherwise.

(6) Any person who is the subject of any order made the Authority on the

recommendations of the controlling body in terms of section 48(3) shall be given

written notice thereof of such recommendations by a controlling body.

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Procedures for resolution of disputes

50. (1) If there is a dispute concerning any matter regulated by or under

this Act, any party directly involved with the dispute may, in writing, refer the dispute

to the relevant controlling body.

(2) The party who referred a dispute contemplated in subsection (1) to a

controlling body, must satisfy that the controlling body that a copy of the referral has

been served on all the other parties to the dispute.

(3) A controlling body must attempt to resolve the dispute and must give its

ruling in this regard and may make such order as to costs as it reasonably deems fit

within 30 days from the date on which the dispute has been submitted to it.

(4) If the dispute remains unresolved or the parties do not agree with the

finding of a controlling body, any party may refer the matter for arbitration to the

Authority.

(6) The decision of the Authority is, subject to the Constitution and a

review of the matter by a High Court in the Republic, binding and final to all parties in

the dispute.

CHAPTER 9

MONITORING AND INVESTIGATION

Appointment of inspectors

51. (1) (a) Subject to the provisions of this Act, the Council must appoint

inspectors as staff members of the Authority in terms of this Act.

(b) The provisions of section 9 apply, with the necessary changes, to the

appointment of such inspectors.

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(2) Any person appointed in terms of this section must perform functions in

terms of this Act and any other law, subject to the written directives and control of the

director.

(3) The director must furnish every inspector with a certificate in the

prescribed form to the effect that he or she has been so appointed and is deemed by

virtue of this Act to be a peace officer.

(4) An inspector must at the request of any interested person produce the

certificate when performing a function in terms of this Act.

(5) The Council, or the director if he or she has been authorized generally or

specifically by the Council, may, if it is considered necessary in the circumstances to

acquire special expertise or to augment the capacity of the Authority temporarily,

appoint any person, who is not in the full-time employment of the Authority, as an

inspector for a particular inspection or to assist an inspector with a particular

inspection.

(6) A person appointed in terms of subsection (5) , for the purpose of an

inspection, has the same powers and duties as an inspector contemplated in

subsection (1) and the provisions of subsections (3) and (4) and section 9 apply, with

the necessary changes, to such a person.

(7) When performing any function in terms of this Act, an inspector may be

accompanied by and utilize the services of an assistant, an interpreter or any

member of the South African Police Service.

Code of conduct for inspectors

52. (1) The Council must draw up a code of conduct for an inspector which is

legally binding on all the inspectors employed by it.

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(2) The code of conduct must contain rules relating to compliance by

inspectors with a set of minimum standards of conduct which is necessary to realize

the objects of the Authority.

(3) The code of conduct must provide for penalties for a contravention of the

code of conduct.

Inspection of controlling bodies

53. (1) An inspector may, subject to any. direction of the director, carry out an

inspection of the affairs or any part of the affairs of a controlling body, or of a person

whom the director has reason to believe is administering, controlling or operating

combat sport as a controlling body.

(2) An inspector who carries out an inspection in terms of this section must,

on completion of the inspection, compile a report of the inspection, provide a copy

thereof to the relevant controlling body contemplated in subsection (1) and submit

the original to the director.

Powers of inspectors relating to controlling bodies

54. (1) In order to carry out an inspection of the affairs of a controlling body or

of a person whom the director has reason to believe is administering, controlling or

operating combat sport as a controlling body as contemplated in section 53, an

inspector may at any reasonable time -

(a) without prior notice, enter any premises –

(i) occupied by or used in connection with combat sport by a controlling

body as contemplated in section 22;

(ii) which the director has reason to believe are occupied by or used in

connection with combat sport by a person believed to be administering,

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controlling or operating combat sport as a controlling body as

contemplated in section 22; or

(iii) where or from where combat sport is rendered as a service or the

director has reasons to believe that such a service is rendered;

(b) use any applicable equipment which has not been prohibited by the Council in

writing during such inspection and conduct such inspection, examination and

investigation as may be necessary for the purpose of monitoring or enforcing

compliance with this Act;

(c) use any computer system or equipment on the premises which is or appears to

be utilized for the control, administration or operation of combat sport, or require

reasonable assistance from any person on the premises to use that computer

system to –

(i) access any data contained in or available to that computer system

relating to matters contemplated in paragraph (d);

(ii) reproduce any record from that data; and

(iii) seize, against the issue of a receipt, any output from that computer

for examination and copying;

(d) require from any person on the premises who is in control of the premises or

appears to be performing managerial, supervisory, administrative or clerical

functions relating to combat sport, at such a reasonable time and place as may be

determined by the inspector –

(i) to disclose information, either orally or in writing, on any matter

relating to the compliance with the provisions of this Act, by a

controlling body or of a person whom the director has reason to

believe is administering, controlling or operating combat sport as a

controlling body

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as contemplated in section 53 is concerned;

(ii) to produce to the inspector all or any records or documentation

relating to the activities of a controlling body or of a person whom the

director has reason to believe is administering, controlling or

operating combat sport as a controlling body as contemplated in

section 53 is concerned and pertaining to such a period as may be

determined by the inspector, including but not limited to-

(aa) a list with the names and identity numbers of all combat

sport practitioners, officials and other employees of the

controlling body or other person contemplated in section 48

is concerned, as well as a list with the names and identity

numbers of all persons who are officials of the controlling

body or other person contemplated in section 48, but who

are not its employees;

(bb) the wage register, payroll, pay-slips or other similar

documentation in respect of such combat sport

practitioners, officials and employees;

(cc) time-sheets and attendance registers reflecting the hours of

work of such combat sport practitioners, officials and

employees;

(dd) documentation indicating the level of combat sport training

of such combat sport practitioners and officials;

(ee) contracts entered into between a controlling body or other

person contemplated in section 53, and such combat sport

practitioners, officials and employees;

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(ff) documentation pertaining to deductions and payment of

amounts by the controlling body or other person

contemplated in section 53, to the Authority; and

(gg) documentation pertaining to any contract between a

controlling body or other person contemplated in section

53, and combat sport practitioners, officials and

employees;

(e) search the premises for any records or documentary information contemplated in

paragraph (d);

(f) open any room, strong room, safe, cabinet or other container which the inspector

suspects contains any record or document relating to the affairs of a controlling body

or other person contemplated in section 53, or cause it to be opened;

(g) inspect or examine any record or document contemplated in paragraph (d), or

other article or object on or in the premises used or which appears to be used in

connection with combat sport by a controlling body or other person contemplated in

section 53 concerned and request information about any such document, article or

object from any person contemplated in paragraph (c);

(h) make copies or extracts from any record or document contemplated in

paragraph (d) or, against the issue of a receipt by the inspector, seize a record,

document or object if the inspector has reason to believe that it can serve as

evidence at any improper conduct proceedings or any other inquiry in terms of this

Act.

(2) Any person from whose possession any item contemplated in subsection

(1) has been removed, or who otherwise to the satisfaction of the director or an

inspector proves a right of ownership or possession in respect thereof, may during

normal office hours be permitted by the director or inspector to investigate or

examine the item in question, or extracts from any such record or document, under

circumstances necessary to protect the integrity of the item in question.

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(3) (a) An inspector in respect of any provision of this or any other law applicable to a

controlling body or other person contemplated in section 53, is deemed to have been

appointed as a peace officer by the Minister of Justice in terms of section 334 of the

Criminal Procedure Act, 1977 (Act No. 51 of 1977), for the national territory of the

Republic, and for the purpose of exercising the powers contemplated in sections 40,

41, 44, 45, 46, 47, 48, 49 and 56 of the Criminal Procedure Act, 1977.

(b) An inspector may use the powers in terms of this subsection only to serve the

purposes of this Act and matters incidental thereto.

(4) An inspector may demand the production of a registration and

identification certificate contemplated in section 26, by any person purporting to be a

controlling body.

CHAPTER 10

GENERAL PROVISIONS

Regulations

55. (1) The Minister may make regulations relating to-

(a) any matter which in terms of this Act is required or permitted to be prescribed;

(b) the registration by the Authority of a controlling body;

(c) the periodic applications for renewal of registration of a controlling body

and the conditions upon which such applications are to be granted;

(d) the obligatory undergoing of combat sport training by combat sport practitioners

and officials;

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(e) ensuring the quality of training as contemplated in sections 6 (k), 24(c) and

54(1)(d)(ii)(dd) or any other law, in respect of combat sport practitioners and

prospective combat sport practitioners;

(f) the procedure for –

(i) the institution and conduct of improper conduct proceedings or any

other inquiry in terms of this Act;

(ii) the appointment, powers and duties of presiding officers and other

officials in respect of such proceedings or any other inquiry in terms

of this Act;

(iii) the attendance by a controlling body or combat sport practitioner or

any witness, of improper conduct proceedings or any other inquiry in

terms of this Act;

(iv) cost orders with regard to improper conduct proceedings;

(v) the procedure for the payment and collection of fines imposed in

respect of improper conduct;

(vi) competent findings and other appropriate orders in respect of

improper conduct; and

(vii) the confirmation, review or substitution of any finding, punishment or

other order contemplated in subparagraph (vi), or the setting aside

thereof, by the Authority;

(g) the establishment, management and functioning of a guarantee fund for the

combat sport industry;

(h) the establishment and operation of a complaints office as contemplated in section

6(q);

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(i) the compulsory keeping of records and documents concerning the management,

administration and other matters relating to combat sport of a controlling body,

another person as contemplated in section 51 or combat sport practitioner and the

format for keeping the records and documents, including the premises where the

records and documents must be kept available;

(j) the types of information which an controlling body, other person as contemplated

in section 48 or combat sport practitioner must furnish to the Authority;

(k) the safe-keeping and disposal of records, documents and other objects seized

in terms of this Act;

(l) the use of certain types of equipment by a controlling body or another person as

contemplated in section 51 in the rendering of combat sport as a sport; and

(m) generally, any matter which it is necessary or expedient to prescribe for the

attainment or better attainment of the objects of this Act or the performance of the

functions of the Authority.

(2) Different regulations may be made in terms of subsection (1) with

reference to different categories or classes of controlling bodies or combat sport

practitioners.

(3) Regulations made in terms of subsection (1) may, in respect of any

contravention thereof or failure to comply therewith, prescribe as a penalty a fine or

imprisonment for a period not exceeding 24 months.

Provision of information to Authority

51. (1) Any person involved in combat sport must, at the request of the

Authority, furnish the Authority with information regarding any previous conviction of

a person applying in terms of sections 22 or 24 to be registered as a controlling body

or combat sport practitioner respectively.

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(2) A person in the employ of the State must, subject to any applicable law, at

the request of the Authority furnish the Authority with such information as may be

needed by the Authority in order to perform its functions in terms of this Act.

Preservation of confidentiality

52. No person may disclose to any other person any information obtained by

him or her in the performance of any function in terms of this Act and which relates to

the personal, financial or business affairs of any person or which may be prejudicial

to the performance of the functions of the Authority, except –

(a) to the extent to which it may be necessary for the proper administration or

application of the provisions of this Act;

(b) to the extent that this Act or any other applicable law authorizes or compels such

disclosure;

(c) with the written consent of the Minister; or

(d) to the extent that it is necessary for the purposes of pending legal proceedings

relating to a matter dealt with in this Act.

Offences and penalties

53. (1) Any person who –

(a) falsely represents himself or herself to be an inspector; or

(b) interferes with, resists, obstructs, hinders or delays an inspector, other person

lawfully accompanying an inspector or a member of the South African Police Service

in the performance of any function in terms of this Act;

77

is guilty of an offence and liable on conviction to a fine or to imprisonment for a

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

(2) Any controlling body or other person referred to in section 51, who –

(a) refuses or fails to comply with any request of an inspector or member of the

South African Police Service in terms of section 49;

(b) without lawful excuse refuses or fails to answer a question put to him or her by an

inspector or a South African Police Service; or

(c) makes any statement to an inspector or a member of the South African Police

Service which is materially false or produces any document to an inspector or a

member of the South African Police Service which is false in any material respect, is

guilty of an offence and liable on conviction to a fine or to imprisonment for a period

not exceeding five years or to both a fine and such imprisonment.

(3) Any person who –

(a) contravenes or fails to comply with sections 22, 24 or 27;

(b) contravenes or fails to comply with sections 28(6), 41, 42, 43 and 44;

(c) in any application, inquiry, improper conduct proceedings, appeal or other

proceedings in terms of this Act, willfully furnishes information or makes a statement

which is false in any material respect;

(d) fails to keep a prescribed record or document or fails to keep a prescribed record

or document at the premises as required in terms of this Act;

(e) holds itself, himself or herself out as controlling body or combat sport practitioner

respectively whilst it, he or she is not registered or such registration is suspended;

78

(f) knowingly or without the exercise of reasonable care contracts for the rendering of

services relating to combat sport contrary to a provision of this Act;

(g) in any manner threatens, or commits an act which is calculated to obstruct or

unduly influence a councilor or a staff member of the Authority in the performance of

his or her functions in terms of this Act; or

(h) commits an act which is calculated to hinder, impede or obstruct any investigation

in terms of this Act,

is guilty of an offence and –

(i) on a first conviction of a contravention referred to in

paragraph (a), is liable to a fine or to imprisonment for a

period not exceeding five years, or to both a fine and such

imprisonment;

(ii) on a second or subsequent conviction of a contravention

referred to in paragraph (a), is liable to a fine or to

imprisonment for a period not exceeding ten years, or to both

a fine and such imprisonment; and

(iii) on a conviction of a contravention referred to in paragraph

(a), (c) ,(d), (e), (f) and (h), is liable to a fine or to

imprisonment for a period not exceeding 24 months, or to

both a fine and such imprisonment.

(4) Any person who contravenes or fails to comply with any other provision of

this Act, is guilty of an offence and is liable on conviction to a fine or to imprisonment

for a period not exceeding 24 months, or to both a fine and such imprisonment.

79

Extra-territorial application of Act and jurisdiction

54. (1) Any act constituting a criminal offence in terms of this Act and which is

committed outside the Republic by a controlling body or combat sport practitioner,

registered or obliged to be registered in terms of this Act, is deemed to have been

committed in the Republic.

(2) Any criminal offence in terms of this Act is, for the purpose of determining

the jurisdiction of a court to try the offence, deemed to have been committed –

(a) at the place where it was actually committed;

(b) at the place where the accused is resident; or

(c) at the place where the accused conducts its, his or her business.

Limitation of liability

55. The Minister, someone acting under the authority of the Minister, the

Authority, a councilor contemplated in section 8, or any person in the employ of the

Authority or performing functions in terms of this Act, is not personally liable in

respect of the bona fide exercise of a power or performance of a duty in terms of a

provision of this Act, if such exercise or performance was not grossly negligent.

Delegation of powers by Minister

56. (1) The Minister may upon such conditions as he or she may deem fit,

delegate any of the powers conferred upon him or her by this Act, except the power

mentioned in sections 1(2), 7(4) and (5), 8, 10(1), (4), (5) and (6), 14(1)(a), (2)(a and

(10)(b), 16(6), 17(5), 22(4), 27, 45(1), (6)(a) and (7(b), 47(2) and (7) and 55(1) to the

Director General or a member of the a member of the South African Police Service

designated by the Director-General or National Commissioner of the South African

Police Service respectively.

80

(2) No delegation of any power prevents the exercise of such power by the

Minister.

Repeal of Act 11 of 2001, saving and transitional provisions

57. (1) Subject to this section, the South African Boxing Act, 2001 (Act No.

11 of 2001), mentioned in the third column of the Schedule are repealed as indicated

in that column of the Schedule.

(2) Any regulation or authorisation made or granted in terms of a

repealed provision of the South African Boxing Act, must, unless inconsistent with

this Act, be regarded as having been made or granted under the corresponding

provision of this Act, and remains in force until withdrawn or repealed.

(3) Any registration or removal from a register or any other thing done

in terms of a repealed provision of the South African Boxing Act must be regarded as

having been done under this Act.

(4) (a) Boxing SA as contemplated in section 4 of the South African Boxing Act,

2001 ceases to exist on the day immediately preceding the date of the first meeting

of a new structure to be created for boxing.

(b) All rights, obligations, assets and liabilities acquired or incurred by Boxing SA

shall immediately vest in the said new structure and the new structure must be

regarded as having acquired or incurred such rights, obligations, assets and

liabilities in terms of this Act.

(5) (a) A controlling body must –

(i) within 12 months after the promulgation of this Act comply with all

provisions of the Act; and

(ii) subject to section 13C of the National Sport and Recreation Act, 1998

(Act No. 110 of 1998 as amended), within six months after the

81

promulgation of this Act submit its constitution, rules and regulations to

Sport and Recreation South Africa.

(b) A combat sport practitioner must within 12 months after the promulgation of this

Act comply with all provisions of the Act.

Short title

58. This Act is called the South African Combat Sport Act, 2017.

Schedule

(SECTION 57)

No. and year of Law Short title Extent of repeal

1. Act No. 11 of 2001 South African Boxing Act, 2001 Repeals Act in toto

2. GN 368 in GG 26161 Boxing Regulations Repeals Regulations in

of 26 March 2004 toto

as amended by

GN R760 in GG 27824

of 29 July 2005

.

  
 
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