South African Institute for Drug-Free Sport Amendment Bill: adoption

Sport, Arts and Culture

25 March 2024
Chairperson: Ms B Dlulane (ANC)
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Meeting Summary


The Portfolio Committee met virtually and considered and adopted the B version of the South African Institute for Drug-Free Sport (SAIDS) Amendment Bill as well as its Committee Report on the Bill.

The meeting concluded with expressions of gratitude from Members and the Department of Sport, Arts and Culture (DSAC) officials involved in the Committee's accomplishment in processing a Bill within four months. It was a unique learning experience and involved collaboration and diligence in bringing a Bill to Parliament at short notice and with such a tight deadline. The Chairperson was recognised for her leadership in achieving what seemed almost impossible at the outset.

Meeting report

The Chairperson expressed gratitude to the Department of Sport and Culture, SAIDS and the legal advisor team, as well as all participants present. Despite it being a Monday, Members were dedicatedly participating in this meeting instead of being in their constituencies. She commended their commitment throughout this legislative process, even sacrificing weekends.

The Chairperson extended congratulations to the Baby Proteas for their exceptional performance in the 2025 World Cup qualifiers in Malawi, where the team remained undefeated. She acknowledged that although some had limited time to watch, their achievements were celebrated. She urged Members to congratulate the team and assured them of the country's support as they prepares for the World Cup. She also congratulated Banyana Banyana for securing their spot in the Olympics after playing against Tanzania on 27 February 2024, praising their skills and representing the country proudly.

The Chairperson moved swiftly through the agenda, expressing hope that there would not be a need to revisit these topics and emphasizing the importance of adhering to the programme, indicating that it might be the last meeting.

South African Institute for Drug-Free Sport Amendment Bill
Adv Aadielah Arnold, the Parliamentary Legal Advisor, presented the B version of the South African Institute for Drug-Free Sport Amendment Bill, which had the approved Committee proposed amendments incorporated. She outlined the key amendments made to the Bill, starting with Clause 1, which now included definitions such as "anti-doping organisation" and she clarified the interpretations consistent with the World Anti-Doping Agency (WADA) Code.

Clause 2 clarifies that SAIDS is a public entity under the Public Finance Management Act and serves as the national anti-doping organization in South Africa.

Clause 3 amends Section 10 of the Principal Act to specify that advance notice is not required for testing athletes under the Institute's authority, and terminology was updated to reflect current entities.

Clause 4 proposed amendments to Section 11 of the Principal Act, including deletions and clarifications on therapeutic use exemptions.

Clause 5 repeals specific sections of the Principal Act, while Clause 6 introduced new provisions compliant with the WADA Code, including the establishment of an independent doping hearing panel and appeal board.

Clause 7, amendments were made to Section 17A of the Principal Act to ensure fair and transparent investigations before any action could be taken.

Clause 8 amended the Long Title of the Principal Act to reflect the expanded scope of SAIDS responsibilities, particularly in results management.

Clauses 9 and 10 consisted of consequential amendments, and Clause 11 dealt with the short title and commencement of the Act which would come into effect upon proclamation by the President in the Gazette.

The Chairperson stated that she wanted to present the Amendment Bill for adoption. She thanked Members for their efforts over the weekend to ensure the Bill's alignment with their intentions. She then presented the Bill to the Members.

Mr E Mthethwa (ANC) moved for the adoption.

Mr D Joseph (DA) raised a question about the repetition of "Department" in the Long Title of the Bill, seeking clarification.

Adv Arnold explained that the repetition was related to amendments ensuring fair investigations and punitive measures, as outlined in Section 17(a) of the Principal Act.

Mr Joseph clarified that he was only adopting the first item on the agenda.

The Chairperson confirmed Mr Joseph's response.

Ms D Sibiya (ANC) seconded the adoption of the Amendment Bill.

Ms van Dyk noted the Democratic Alliance's intention to reserve their stance on the adoption of the Amendment Bill until the National Assembly plenary.

The Chairperson confirmed that they had ensured that the B version of the Bill was a true representation of the Committee's discussions. With the majority of Members in agreement, the Chairperson confirmed the adoption of the Amendment Bill. She expressed gratitude to all Members for their dedication and commitment to the work, highlighting the importance of upholding the values represented by the South African flag and ensuring compliance both within and outside the country.

The Chairperson also praised the leadership displayed by Members of the different political parties, emphasising the unity and respect shown within the Committee. She encouraged Members to carry forward this spirit of tolerance and cooperation into their constituencies and future endeavours.

The Chairperson clarified that the adoption pertained specifically to the Amendment Bill, not the report, and suggested the appropriate wording to reflect this distinction. She concluded by thanking everyone involved in the process.

Adv Arnold thanked the Committee, the Department and SAIDS for facilitating the Bill's processing.

Committee Report on SAIDS Amendment Bill: briefing
Ms Fiona Clayton, Committee Content Advisor, presented the report on the Committee's legislative processing of the Amendment Bill including a summary of the meetings on it from December 2023 to 25 March 2024. The report covered the public participation process including the newspapers in which the call for public comment was published, the languages used and total cost of advertisements. Direct invitations were also extended to stakeholders for their input. An overview of public submissions was provided. The public participation report had been considered on 13 March 2024, affirming the Committee's satisfaction with the process undertaken. The Committee's amendments were outlined.

The Committee Content Advisor expressed gratitude to all staff and Members for their diligent work in handling the process correctly. She sought clarification from the Democratic Alliance members on their stance on the adoption of the Amendment Bill before concluding her presentation.

Consideration and adoption
Mr Joseph replied that the Democratic Alliance reserves its rights on both the Amendment Bill and the Committee Report.

Mr Mthethwa moved for the adoption of the report.

Ms V Malomane (ANC) seconded the adoption of the report which was duly adopted.

Concluding remarks
Following the adoption, the Chairperson requested inputs from the officials.

Mrs Wafeekah Begg-Jassiem, SAIDS Senior Manager: Legal Manager, expressed gratitude to the Chairperson, the Members as well as the Committee support staff.

The Chairperson addressed Ms Sumaya Khan, acknowledging her consistent presence and role in providing advice throughout the process.

Ms Sumaya Khan, DSAC Deputy Director General: Recreation Development & Sport Promotion, was grateful for the opportunity to be involved in the Committee process, emphasizing the collective effort that had led to this progress. She acknowledged the dedication of the Committee members and extended thanks to the Chairperson, the legal team and secretariat for their tireless work.

She noted the unique learning experience gained from the collaboration with the legal team, particularly in bringing a Bill to Parliament at short notice. She thanked the public entity, SAIDS, for their role, noting their responsibility in delivering on the mandate of Parliament and government.

Mr Arthur Manthata, DSAC Director: Legal Services, appreciated the Committee's accomplishment in processing a Bill within four months. The Department is relieved to have reached this stage. He expressed hope that the Bill's adoption by the National Assembly would resolve pending matters, moving them from the watch list to the monitoring list. He thanked the Chairperson for leadership in achieving what seemed almost impossible at the outset.

The Chairperson reiterated the collective effort involved in their work, acknowledging the commitment of all involved. Without the staff in Parliament, in the Department, and the Office of the State Law Advisor, the Committee would not have achieved this progress. She opened the floor for comments from Members. She reminded everyone to convene for the National Assembly debate tomorrow and extended her appreciation to all staff from Parliament and other entities such as Parliamentary Monitoring Group, for their dedicated support and involvement.

Mr Joseph stated that he preferred not to speak after the Chairperson, but wanted to thank the Chairperson, staff, Committee members, and stakeholders for their involvement in the amendment process and for the other Committee work over the years. He also thanked the Department and the entities involved, particularly mentioning Mr Khalid Galant. He appreciated the leadership of the Chairperson and wished everyone well for the future. He and Ms van Dyk would not be returning, but hoped others would continue to serve the country. He concluded by wishing the Chairperson well in retirement and offering blessings to all.

The Chairperson acknowledged Mr Joseph's remarks, and the meeting was adjourned.


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