Arthur

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Sports

Published on January 14, 2009

Author: aSGuest10494

Source: authorstream.com

NATIONAL SPORT AND RECREATION AMENDMENT ACT, 2007 (ACT NO. 18 OF 2007)MR ARTHUR MANTHATA : NATIONAL SPORT AND RECREATION AMENDMENT ACT, 2007 (ACT NO. 18 OF 2007)MR ARTHUR MANTHATA : ESSENCE OF ACT The Act 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. The Act also confers certain responsibilities that use to resort under NOCSA on the Sports Confederation. NATIONAL SPORT AND RECREATION AMENDMENT ACT, 2007 (ACT NO. 18 OF 2007) ESSENCE OF ACT CON’T : ESSENCE OF ACT CON’T 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 Act seeks to address this shortcoming. It 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. ESSENCE OF ACT CON’T : ESSENCE OF ACT CON’T The Minister will, of course not, interfere in selection of teams and election of administrators, technical officials and the like. This is left to the federations and its members. The Minister, however, has the responsibility to ensure good and responsible governance of sport and recreation in this country. We have seen many examples of malpractices and poor governance of national federations over the past few years. Surely we cannot have a situation where officials of federations can destroy a sport and have a Minister who can do nothing about it. Sport belongs to the nation, it is an integral part of our way of life, of our South African culture over which government with its elected representatives have a serious responsibility. We do not subscribe to the view that sport is a holy cow that must be left untouched. Our sport must be reflective of the type of society we want in our country. It must make us proud as a nation. ESSENCE OF ACT CON’T : ESSENCE OF ACT CON’T We are mindful of the position of international sporting bodies with regard to “government interference” in sport. This Act does not in any way suggest that government will interfere in sport and recreation. In fact I am sure that it is the wish of every international body that its members exercise good governance and it is expected of every responsible Minister to ensure that this is the case. We see this Act as an important piece of legislation and we sincerely hope that you will give the Act your support by adhering to it. CONTENTS OF ACT : CONTENTS OF ACT Sections of the Act: SECTION 1 Section 1 provides for the deletion, amendment, insertion of various definitions Most importantly the insertion of the definitions of “Sport and Recreation South Africa”, “Sports Confederation” and “national federations” reflect on the major players in terms of the new dispensation created for sport and recreation in terms of the Act. CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T SECTIONS 2 AND 3 Section 2 provides for the deletion of the words “the Sports Commission” and “NOCSA” and recognizes the Sports Confederation as the only overall national co-ordinating body for the promotion and development of high performance sport whilst section deletes section 3 of the Principal Act. SECTION 4 Section 4 provides for the insertion of a new section 3A in the Principal Act by providing for the entering into a service level agreement between Sport and Recreation South Africa and the Sports Confederation thereby establishing a legal relationship between the said bodies. CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T SECTIONS 5 AND 6 Section 5 provides for the amendment of section 4(1) of the Principal Act by providing for the Minister to make general policy regarding sport and recreation after consultation the Sports Confederation by substituting the words “the Sports Commission” and “NOCSA in respect of the Olympic Games” for the word “Sports Confederation” whilst section 6 makes provision for the deletion of section 5 of the Principal Act as the Sports Commission has been dissolved. SECTION 7 Section 7 provides for the deletion of the words “and recreation” in section 7 of the Principal Act as the definition of a “national federation” has been amended to have a generic impact and now includes “recreation”. CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T SECTIONS 8, 9, 10 AND 11 section 8 provides for both the Sports Confederation and SRSA to train sport and recreation leaders whereas sections 9, 10 and 11 provide for the substitution of the words “the Sports Commission” for the words “Sport and Recreation South Africa” as functions pertaining to the provision of facilities, funding, programmes getting the nation to play now resort under SRSA. CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T Likewise national federations must indicate which clubs are under its control, as well the percentage of its own/sponsored/SRSA funding that goes towards the development of its sport or recreational activity If a federation fails to develop its sports/recreational activity or misuses funds, it may be debarred from receiving further funds and its recognition as a sport/recreational body may be withdrawn by SRSA CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T section 12 provides for the substitution of the words “Sports Commission” for the words “Sports Confederation” as the national colours board will now be established by the Sports Confederation with the concurrence of the Minister. CONTENTS OF ACT CON’T : CONTENTS OF ACT CON’T SECTION 13 This section makes provision for the Minister to intervene at his or her discretion in any dispute, alleged mismanagement, or any other related matter, in sport or recreation save for matters relating to the selection of teams. It would be undesirable to give the Minister of Sport and Recreation the power- INTERVENTION BY MINISTER CON’T : INTERVENTION BY MINISTER CON’T to mediate in person since he would be an interested party that will give rise to a conflict of interest (he should refer the matter to an independent person as mediator); and to make a ruling in this regard since he will, in order to do so, have to comply with the provisions of the Promotion of Administrative Justice Act that necessitates that the procedures as contemplated in the said Act, including the hearing and weighing of evidence must be followed (instead the State Law Advisors have recommended that the Minister rather issue a directive in this regard). Hence the Minister only issues a directive in this regard or refers the dispute for mediation purposes to an independent mediator. CONTENTS OF BILL CON’T : CONTENTS OF BILL CON’T SECTION 14 Section 14 provides for the- Minister to issue guidelines or policies for the promotion of the values of equity, representivity and redress in sport and recreation; and submission by every sport or recreation body to submit annually to the Minister such membership statistics as may be prescribed. CONTENTS OF BILL CON’T : CONTENTS OF BILL CON’T SECTION 15 This section provides for the Minister to make certain additional Regulations. SECTION 16 Section 16 amends section 15 of the Principal Act to provide for the deletion of the delegation of powers by the Minister and the Head of Sport and Recreation South Africa. NSR AMENDENT ACT : NSR AMENDENT ACT THANK YOU VERY MUCH!!

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