The Memorandum to the Bill is 12 pages long so in the interest of easy reading we have divided it in to 2 parts. We have added our thoughts / concerns in italics
The National Sport and Recreation Amendment Bill, 2018 (“the Bill”), seeks to amend the National Sport and Recreation Act, 1998 (Act No. 110 of 1998) (“the Act”). The Bill recognises that there is a need for sport in South Africa to create a new dispensation that will govern and regulate the sport and recreation industry for the best interest of all the role players by clarifying of the roles of Sport and recreation South Africa, the Sports Confederation and the national federations respectively.
1.2 The Bill seeks to delete, amend and insert certain definitions, to provide for the promotion and development of sport and recreation; to establish a Sport Arbitration Tribunal to resolve disputes in sport or recreation bodies, to provide for offences and penalties and to provide for matters connected therewith.
1.3 The Bill intends to amend the Act in order to cater for the manner in which the disputes can be finalised and also provides, amongst others, for a penalty clause in the case of any non-compliance with the Act.
1.4 The Bill seeks to clarify the role and responsibilities of the South African Sports Confederation and Olympic Committee and national federations as opposed to the current responsibilities of these institutions in terms of the Act.
1.5 Furthermore, the Bill provides for the regulation of sport or recreation agents in the performance of their responsibilities and their recognition as agents.
1.6 Currently the Act is silent on the recognition of sport or recreation bodies and only empowers the Minister to create regulations for such purposes. Thus, the lack of empowering provisions in the Act makes it difficult to recognise sports or recreation bodies in terms of regulations only.
1.7 The Bill also intends to provide a framework relative to the development of coaching and also encourages young coaches to be provided with relevant training.
1.8 Lastly, the Bill attempts to ensure that sport and recreation are managed effectively in terms of transformation and accessibility by the community.
- WHAT THE BILL SEEKS TO ACHIEVE
The main purpose of the Bill is to provide for the improvement of the regulation of sport and recreation industry, to provide for the establishment of the Sport Arbitration Tribunal, to appoint the inspectors to carry out routine inspections to ensure compliance with the Act, to empower the Minister to oversee sport and recreation and to facilitate the improvement of the operations of sport or recreation bodies.
- CLAUSE-BY-CLAUSE ANALYSIS
3.1 Clause 1
33.1.1 Clause 1 of the Bill seeks to amend section 1 of the Act. A definition of “club” is inserted to refer to a club that plays a major role in terms of sport development and to further ensures that such club is accountable to the national federation. This is concerning as for the first time the Dept of Sports & Rec is planning to have a say over a club, club membership, area of influence, fees and provincial membership are just some of the potential issues. Who gets National Colours and represents South Africa could be one of the issues
3.1.2 The definition of “committee “is inserted to clarify the role of the committee in dealing with disputes which the Sports Confederation fails on numerous occasions to resolve as proclaimed in the Act.
3.1.3 The definition of the “national colours” is inserted to clarify the prescribed uniform or dress in connection with national team participating in an international event. In this regard this clause also provides for the insertion of a definition of “national colours board” and “national emblem”. The inclusion of a “National Colours Board” means that an external board could decide who wears SA Colours and ultimately who represents SA on the international stage. This is concerning as there is no indication of the criteria that are going to be used.
3.1.4 The definition of “national federation “is amended to clarify that a national governing body of a code of sport in the Republic with affiliate members in all provinces is recognised by Sport and Recreation South Africa as the only authority for the administration and control of the relative code of sport in the Republic.
3.1.5 This clause also insets a definition for “Director-General”, “MEC”, “recreational activity”, “sport or recreation agent”, and “sport or recreation body”. These new definitions are not to be taken lightly – each definition brings a different aspect of sport in SA under the control of the Dept of Sport
3.2 Clause 2
Clause 2 of the Bill seeks to amend section 2of the Act, which provides for the promotion and development of sport and recreation in the Republic. This clause seeks to insert new subsections after subsection (6) in order to provide for the functions of the Sport Confederation which include, amongst other things, the coordination of all activities relating to high performance sport in the Republic, including team preparation for the major international events and to develop and implement guidelines for the promotion and development of high performance sport. This takes the HP portfolio away from the federation and places it in the realm of the Dept of Sport. Again who would get to part of the HP is not clear under the Dept of Sport.
3.3 Clause 3
Clause 3 of the Bill seeks to amend section 4 of the Act which provides for the determination of sport and recreation policy. This clause seeks to amend subsection (3) of the Act to give the Minister powers to determine and publish policy objectives to be achieved by Sports and Recreation South Africa, the Sports Confederation and sports and recreation bodies. Again clubs / federations membership and membership fees, quotas and general running would be directed by the Dept of Sport. This is also one of the changes that will affect our standing with international organisations. For example the IOC is going to object to this.
3.4 Clause 4
3.4.1 Clause 4 of the Bill seeks to amend section 6 of the Act which provides for national federations by substituting the heading “national federation” to “Sport or recreation bodies. This clause further provides for the Sport and recreation bodies to assume full responsibility for the safety and security of the members, participants, children, spectators who attend sport or recreation events and physical facilities where such events take place within their sport and recreation discipline.
3.4.2 Clause 4 of the Bill seeks to insert clause (2B) to the Act to give the Sport or recreation bodies power to ensure that selected players comply with any national call to participate in a sport, and any person who fails to comply with the obligations of the international controlling body is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years. Soccer clubs are most culpable here, but it certainly could affect our athletes who get called up to marathons etc.. at the last minute. We feel that people should represent our Country because they want to and not because they ‘could’ go to jail for not.
3.5 Clause 5
3.5.1 Clause 5 of the Bill seeks to insert the new sections 6A, 6B, 6D and 6E in the Act. Section 6A provides that a sport or recreation body must recognise a sport or recreation agent in writing, before such an agent may operate in the Republic and further issue a licence to a sport or recreation agent as prescribed by the Minister. Section 6A further provides for the disqualification of the agent if, the agent has been convicted of an offence and sentenced to imprisonment without the option of a fine.
3.5.2 Section 6B provides for the appointment of the advisory committee which must advise and recommend to the Director-General pertaining to the application received from the sports body for recognition. Section 6C deals with the criteria for recognition of sport bodies and provides that the sport body must be properly constituted and operate on democratic principles. Section 6D deals with the exemption and provides that the Director-General may on application in the prescribed manner by notice in the Gazette exclude a sport body from complying with section 6C(d) upon submission by the sport body of good grounds in writing to the Director –General. Section 6E provides for the criteria for recognition of recreation bodies to be properly constituted and operate on democratic principles.
3.6 Clause 6
Clause 6 of the Bill seeks to amend section 8 of the Act which provides for resources for sport and recreation by substituting the word “must” and insert “may” in subsection (1). Clause 6 further inserts the new section 3(A) to provide the Minister with the power to publish norms and standards for the building of the new sport facilities.
3.7 Clause 7
Clause 7 of the Bill seeks to insert new sections 8A, 8B, 8C, 8D, 8E, 8F, 8G,8H and 8I in the principal Act to provide for the appointment of inspectors, functions of inspectors, powers of entry, powers to question and inspect, cooperation with sport and recreation facilities, securing an undertaking compliance order limitation and order may be made order of court.
Below is taken directly from the Proposed Amendment Bill.
8A. (1) The Minister may—
(a) appoint any person in the public service as a sport and recreational
facilities inspector; or
(b) designate any person in the public service or any person registered as
a sport or recreation agent in terms of section 6A to perform any
prescribed function of a sport and recreation facilities inspector.
(2) Any person appointed or designated under subsection (1)
must perform his or her functions as sport and recreational facilities inspector
subject to the direction and control of the Minister.
(3) The Minister must provide each sport and recreational
facilities inspector with a signed certificate in the prescribed form, stating—
(a) that the person is a sport and recreation facilities inspector; and
(b) which of the functions of a sport and recreation facilities inspector such
inspector may perform.
(4) The Minister must prescribe, in order to promote, monitor
and enforce compliance with this Act—
(a) the functions of a sport and recreation facilities inspector, which may
include the power to enter and inspect any sport and recreation facility
during business hours;
(b) that a sport and recreation facilities inspector may—
(i) question any person at a sport and recreation facility who the
inspector believes may have information relevant to the
(ii) require the person in charge of such sport and recreation facility
to produce for inspection, or for the purpose of obtaining copies
or extracts thereof or therefrom, any document, including any
record which such person is required to maintain in terms of any
(iii) take samples of any substance or photographs relevant to the
(c) provide that a sport and recreation facilities inspector may issue a
compliance order to the owner of a sport or recreational facility
requiring such owner to comply with that compliance order; and ***
(d) provide that the Director-General may apply to a court of law in order to
make a compliance order contemplated in paragraph (c) to be made an
order of that court of law. ***
(5) The regulations referred to in subsection (4) must provide
that any entry upon or search of any sport and recreation facility in terms of a
provision of the regulations referred to in that subsection must be conducted
with strict regard to decency and good order, including—
(a) the right of a person to dignity;
(b) the right of a person to freedom and security; and
(c) the right of a person to privacy.”.
** Taken directly from the new BILL
*** are the points for the most concern, suddenly if your club doesn’t have a suitable youth programme, your fees are deemed to high, it is not ‘inclusive’ enough your club could be facing a compliance order.