PRESENTATION TO THE SELECT COMMITTEE ON

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

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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.

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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.
•  

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INPUTS FROM PROVINCIAL PUBLIC 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)
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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)).  
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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 (NFs) 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.

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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
  recreation save 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)

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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))

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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")

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INPUTS FROM THE PROVINCIAL PUBLIC HEARINGS

• Section 13A(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).

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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).

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CONCLUSION OF VISUAL PRESENTATION

• THANK YOU VERY MUCH
• ORAL PRESENTATION TO FOLLOW