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Legislation

Legislative Mandate

The Department is responsible for the promotion and development of sport and recreation in KwaZulu-Natal. These responsibilities of the Department are mandated in terms of the following Acts:

1. The National Sport and Recreation Act (Act 110 of 1998)
    This Act provides for:

  • the promotion and development of sport and recreation and the co-ordination of the relationships between the Sports Commission, national and recreation federations and other agencies;
  • measures aimed at correcting imbalances and thus promote equity and democracy;
  • dispute resolution mechanisms in sport and recreation.

2.  The White Paper on Sport and Recreation

This white paper gives effect to stated government policy of a better life for all and to get the nation to play.  Cognisance is taken of the imbalances which exist between the advantaged urban and the disadvantaged rural communities;  the strategic vision and policy for the development of sport and recreation and the need for South Africa to take its rightful place in the global sporting community.  This White Paper indicates that in the governance of Sport and Recreation at the provincial level, the Member of the Executive Council (MEC) and the Provincial Sport and Recreation (Department) are charged with the responsibility of:

  • Policy development, within the context of the national sport and recreation policy, with the principal agents being provincial federations and macro bodies;
  • Implementation of recreation policy, via the Provincial Recreation Councils (PRORECs).  
    The Province of KwaZulu-Natal does not have this Council;
  • Funding of the above agencies;
  • Upgrading of facilities as created by local authorities, for national and provincial events.

In addition, for the operational duties of the MEC and the Provincial Department of Sport and Recreation, it states – The provincial structures are one step closer to the delivery of sport and recreation than their national counterparts. They serve to:

  • Make sport and recreation accessible to all people in the province;
  • Provide the infrastructure required for sport and recreation, and its maintenance;
  • Ensure the existence of programs that develop the human resource potential in sport and recreation;
  • Develop a policy framework for the governance of sport and recreation in the province that is in 
    concert with the national sport and recreation policy;
  • Co-ordinate the involvement of the various departments of the Provincial Government, to ensure congruence with  Provincial Sport and Recreation Policy;
  • Effect international agreements, as reached by Sport and Recreation SA for the purpose of sharing technology,  skills transfer and the development of sport and recreation.

Other Legislation

  • Constitution of the Republic of South Africa Act, No. 108 of 1996, Schedule 5
  • The Bill of Rights – focusing especially on equality, freddom of association, labour relations, sport and recreation and just administrative action (basic values/principles and the public service)
  • The South African Sports Commission Act, No. 110 of 1998
  • The South Afrcian Boxing Act, No. 11 of 2001
  • Generic legislation e.g. Public Service Act, Public Finance Management Act, Labour Relations Act, KZN    Procurement Act, etc.
 
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