PRESENTATION TO THE SELECT COMMITTEE ON EDUCATION AND RECREATION 6 JUNE 2007

1. PRESENTATION TO THE SELECT COMMITTEE ON EDUCATION AND RECREATION 6 JUNE 2007 BRIEFING ON THE NATIONAL SPORT AND RECREATION AMENDMENT BILL, 2007 ” SRSA

2. INTRODUCTION • Chairperson and Honourable members • Thank you for the opportunity to present this Bill to you. • The Bill is intended to amend the National Sport and Recreation Act, 1998 to align its contents with the new governance structure of sport in South Africa. It provides for the deletion of the South African Sport Commission, the National Olympic Committee of South Africa (NOCSA) and other structures that have been closed down and recognizes the Sports Confederation as the only non- governmental macrostructure for sport in SA. SRSA

3. INTRODUCTION • The Bill also confers certain responsibilities that use to resort under NOCSA on the Sports Confederation. • One the most important shortcomings in the governance of sport in SA has been the fact that the Minister of Sport and Recreation has been given responsibility for sport and recreation, but was not given the authority to carry out his/her responsibility. To date the Minister of Sport and Recreation had to depend on the goodwill and support of federations to carry out this responsibility. This Bill seeks to address this shortcoming. SRSA

4. INTRODUCTION • The Bill, in essence, gives the Minister power to: • Intervene in any dispute, alleged mismanagement, or any other related matter in sport and recreation which is likely to bring a sport and recreational activity into disrepute; • Issue directives or refer the matter to a mediator; • Issue guidelines or policies to promote equity, representivity and redress in sport and recreation; • Make regulations on various sport and recreation matters. SRSA

5. INPUTS FROMPROVINCIALPUBLIC HEARINGS After attending the public hearings in the Provinces around the country (Western Cape, Mpumalanga, Gauteng, Free State, KwaZulu Natal and Eastern Cape) consideration has been given to include the following proposed amendments in the Bill: A similar intervention clause should be considered for the MEC's alternatively link it with the Minister's powers in this regard "after consultation with the respective MEC" (this has been done: see section 13(5)(a) of the Bill); SRSA

6. INPUTS FROM PROVINCIAL PUBLIC HEARINGS • A penalty clause in section 8 of the Bill must be inserted where national federations - • misuse the funding that they receive from government (see section 10(3)(a) and (b)); and (b) fail to develop sport and recreation as undertaken (see section 10(3)(a) and (b)). SRSA

7. INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS • The Bill must also provide that national federations must develop sport and recreation at club level (see section 10(2)(b)). National federations (NF’s) must also in terms of the Bill indicate the specific clubs that will receive funding-      (a) via government's grant to them and the total amount funding that will be utilized for club development in respect of the said grant; and  (b) via the NF's own resources as well as from other resources (sponsors, etc.) and the total amount funding that will be utilized for club development in respect of the said resources. SRSA

8. INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS • Women development must be covered by the intervention clause (see section 13(5)(a)(ii)); • Section 2 of Bill: a proviso must be inserted at the end of section 2(1) to clearly indicate that SRSA will responsible for all sport and recreationsave for high performance sport (this was deemed superfluous as SRSA inherently derives its mandate from the Constitution of SA. The Bill in any event clearly indicates that the Sports Confederation will be responsible for high performance sport only); SRSA

9. INPUTS FROM THE PUBLIC HEARINGS • Constitutions of national federations must be scrutinized on a regular basis to ensure that it conforms to the CONSTITUTION ACT of SA. Insert empowering provision and amend section 13C of latest draft to cater for the submission of Constitution of NF's to SRSA (see section 13C(b)); SRSA

10. INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS • Section 13A(a): The Minister must not have an option to issue guidelines (we have, therefore, substituted "may", therefore, for "must"); SRSA

11. INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS • Section13A(b): Guidelines issued by the Minister should not conform to the international standard as we have an unique situation in S A (we have amended the Bill accordingly). SRSA

12. INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS • Section 13: Minister's intervention: Minister must be able to intervene as well as interfere at any time on any grounds he deems fit (this would not be in the interest of good governance and would be an infringement of the rules and regulations of FIFA that require governments not to interfere in the administration of soccer bodies by appointing and firing the board of these bodies for instance). SRSA

13. CONCLUSION OF VISUAL PRESENTATION • THANK YOU VERY MUCH • ORAL PRESENTATION TO FOLLOW SRSA