PRESENTATION TO PORTFOLIO COMMITTEE ON SPORT AND RECREATION: NATIONAL

1. PRESENTATION TO PORTFOLIO COMMITTEE ON SPORT AND RECREATION: NATIONAL SPORT AND RECREATION AMENDMENT BILL, 2018

2. BACKGROUND • The draft Amendment Bill seeks,amongst others, to :- • delete, amend and insert certain definitions; • provide for the promotion and development of sport and recreation; • establish a Sport Arbitration Tribunal to resolve disputes in sport or recreation bodies; • provide for procedures relative to bidding and hosting of international sports and recreation events;

3. BACKGROUND • provide for the powers for the Minister to appoint a committee of inquiry relating to maladministration and corruption in sport and recreation; • regulate the recruitment of a foreign sports person and the accreditation of a sport agent; and • provide for offences and penalties.

4. OBJECTS OF DRAFT BILL • The objects of the Bill are, amongst others, to :- • Clarify the role and responsibilities of all stakeholders; • Make provision for the development of the coaching framework guidelines; • Make provision to regulate sport or recreation agencies and provide for the recognition of sport and/or recreation bodies; • Empower the Minister to intervene in sports disputes by establishing a Committee of Inquiry; and • Establish a Sport Arbitration Tribunal to deal with disputes and appeals in sport.

5. SUMMARY OF DRAFT BILL Clause 1: provides for – the insertion of new definitions such as ‘’club’’, ‘’committee’’ (namely, a committee of inquiry), ‘’national colours’’, ‘’national emblem’’, ‘’recreational activity’’, ‘’sport and recreation agent’’, etc.; and the substitution of the definition of a ‘’national federation’’ for the following definition: ‘’a national governing body of a code of sportin the Republic with affiliate members of not less than five provinces 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; and (b)by its relevant international controlling body

6. SUMMARY OF DRAFT BILL Clause 2: In essence, it provides for the development guidelines for the promotion of high performance whereas clause 2 (7) and (8) deal with the functions of Sports Confederation (SASCOC) to be performed by it and penalties to be considered by the Minister after providing it with an opportunity to respond to a written notice. Should SASCOC there after still be in default to respond to the notice or fail to improve its performance satisfactorily, the Minister may then penalize SASCOC accordingly in terms of the said clause; Clause 3: provides for the publication of the policy objectives to be achieved by Sport and Recreation South Africa, SASCOC and sports and recreation bodies in the Government Gazette;

7. SUMMARY OF DRAFT BILL Clause 4: provides for – the replacement of the words “national federation” with the words “sport and /or recreation bodies” where appropriate in section 6 of the Principal Act; the insertion of a new section 6 (2A) and (2B) which respectively stipulate that sport and recreation bodies must - (a) fulfil the obligations imposed by its relevant international controlling bodies and (b) adhere to specific statutory directives from a compliance and adherence perspective; and the Minister to determine and allocate responsibilities to national federations by way of a notice in the Government Gazette.

8. SUMMARY OF DRAFT BILL Clause 4 alsodeals with amendments which in essence represent a review of the recruitment process of foreign sports person and include the vetting and verification of the criminal records of potential recruited sports persons, amongst others; Clause 5: inserts a new section 6A and 6B respectively which deal with the compulsory registering and licensing of sport and recreation agents as prescribed and the discretionary power of the Director-General to recognize sport and recreation bodies and to issue recognition certificates to those that have applied successfully in terms of criteria stipulated in regulations to this effect: Provided that such recognition may also be withdrawn, if warranted and reasonable;

9. SUMMARY OF DRAFT BILL Clause 6: provides for the following amendments: e.g. substitute the word “must” with “may” insofar the provision of physical facilities are concerned; Beneficiaries of such facilities must now, amongst others, ensure that sport and recreational activities takes precedence over any other activities insofar as the usage of sport and/or recreation facilities are concerned; and The Minister may from time to time publish norms and standards for the building of new sports facilities.

10. SUMMARY OF DRAFT BILL Clause 7: Provides for – the inspection and monitoring of newly constructed facilities by sport and recreational facilities’ inspectors who can either be a person in the employ of the public service or a registered and licensed sport or recreation agent appointed by the Minister to perform specific functions assigned to them as prescribed; Clause 8: Deals with the protection of vulnerable groups to participate in sport and recreation and to protect them against sexual abuse and exploitation;

11. SUMMARY OF DRAFT BILL Clause 9: Empowers the Minister to solely establish and appoint the national colours board and to appoint its members as prescribed; Clause 10: Provides for insertion of new subsections in section 11 to create sufficient and affective empowering provisions for – the bidding and hosting of international sport and recreational events and the prohibition to host such events without the written approval of the Minister; the establishing of a Regulatory Authority for Combat Sport and the Fitness Industry and its functions respectively;

12. SUMMARY OF DRAFT BILL Clause 11: empowers the Minister with the discretionary power to institute a committee of inquiry in terms of specific terms of reference to investigate any matter that may bring a sport or recreational activity into disrepute; Clause 12: provides for the establishment and functions of a Sport Arbitration Tribunal consisting of at least 5 members appointed by the Minister to hear disputes in sport and to decide on appeals made in terms of section 13 of the Act;

13. SUMMARY OF DRAFT BILL Clause 12 furthermorealso provides for offences in contravention of the Principal Act and for the delegation of powers by the Minister and the Director-General of Sport and Recreation South Africa; Clause 13 makes provision for the inclusion of regulations that can be made by the Minister with regard to school sport development programmes, sport and recreation agents and the training of sport coaches; and Clauses 14 and 15 : Provides for the amendment of the Long Title of the Principal Act and contains a short title of the Bill respectively.

14. DRAFT NATIONAL SPORT AND RECREATION AMENDMENT BILL THANK YOU