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SPORT & RECREATION PORTFOLIO COMMITTEE
30 March 2001
SOUTH AFRICAN BOXING BILL; NEWLANDS STADIUMS AVAILABILITY POLICY
Final Amendments to SA Boxing Bill [B13-2001] (see Appendix)
This South African Boxing Bill with amendments was voted on and approved with the Democratic Alliance (DP and NNP) voting against it.
Also briefly discussed was the committee's programme for consideration of the controversy of the use of the Newlands Stadiums for soccer
Newlands Stadium availability
The Chairperson advised that the Mayor of the Cape Town Unicity had responded to an invitation to appear with other role players before the committee on Tuesday, April 3. He had said that he was unavailable in the morning but could appear in the afternoon.
However the committee consensus was that the schedule could not be changed to accommodate this request, given the prior scheduling of other role players to give input on this important issue, and the fact that the National Assembly will be meeting all afternoons that week.
Mr Moonsamy (ANC) said that all ANC members must be in the chamber for such sessions and he urged that this must respectfully be communicated to the Mayor. The Chair commented that, nonetheless, with the acceptance of invitations by other key role players, e.g. the Western Province MEC responsible for policy on this matter, the committee would be able to proceed with a full evaluation of this important matter. She added that this process will allow meaningful input by relevant local officials, providing an opportunity to clarify whether the policy is a product of racism or land use rules.
SA Boxing Bill
The State law advisor, Mr Gideon Hoon, outlined the various options for Clause 9 (Selection of members of Boxing SA) drafted in response to the committee's March 28 request. The options presented were as follows:
- Ministerial appointment after consultation with relevant boxing associations;
- Ministerial appointment after published solicitation of nominations, and portfolio committee recommendations on nominees;
- Ministerial appointment after published solicitation of nominations, and consultation with an advisory committee to be formed to assist in the selection process.
Mr Mlangeni (ANC) voiced his preference for a hybrid of Options 1 and 2, that is, Ministerial appointment after published solicitation of nominations, which Mr. Lee (DA) agreed with.
Mr. Moonsamy (ANC) favoured Option 2's inclusion of committee participation, observing that the Option 3 formation of an advisory committee was too complicated.
Mr. Ferreira (IFP) noted that the consultative component of Option 1 was simple and better than the full, exclusive Ministerial appointment power the text originally contained, and was more than the Minister was initially willing to accede to. The Chair noted that the individuals involved in some of the associations had been problematic in the past, which may have accounted for the Minister's initial preference.
Speaking for the Minister, Mr. Swigelaar stated that the consultative component of Option 1 was acceptable, but that the requirements of the other Options, including that of published solicitation of nominees, were too cumbersome.
Mr. Mlangeni (ANC) asked him how the public would know of openings without the publication requirement, but Swigelaar stated that the Bill already makes provision for interfacing with all roleplayers appropriately.
Based on that explanation, Mr. Ntuli (ANC) indicated his willingness to accept Option 1, as did Mr. Mlangeni (ANC) and the other committee members.
The committee reviewed and approved the rest of the amendments drafted in response to the committee's March 28 request.
Voting on the Bill
Mr. Lee (for the Democratic Alliance) stated his party's position that the Bill is not desirable, and that the DA would be voting against it.
The Chair responded that it was curious that the DA should disclose this position so late in the proceedings, particularly after its full participation throughout the drafting process.
Mr Lee replied by stating that eventual adoption of the Bill is a practical reality, and as such the DA felt the need to participate in the process of improving it, notwithstanding its fundamental opposition to the legislation*.
The Chair proceeded with section by section voting on the Bill, with all provisions, as amended, being approved by the Committee.
This was after clarification by the legal advisor that:
Section 22 amended reference to "all compensation and benefits" would be tracked throughout the text.
WITH the addition of new sub-sections (j) to Section 34, the other extant sub-sections will be renumbered.
In the interest of format consistency, the legislative purpose recitations found on beginning of the Bill will appear in sentence form, without separate lettered topic headings.
The Chair noted that the National Assembly debate on the Bill was tentatively scheduled for April 5. The meeting was then adjourned.
[*Although opting not to elaborate during the meeting, Mr Lee, later articulated the DA's beliefs that:
- Sports should be run by sportsmen, not politicians and bureaucrats.
- The Bill creates a bureaucracy that will cost the taxpayers money that could be better spent at grass roots level, particularly when administration of the sport already falls within the jurisdiction of the SA Sports Commission.
- Passage of the Bill marks another instance of inappropriate state intervention in sport, and is a dangerous precedent that could be applied to other sporting codes.
Notwithstanding these principles, it was important that the DA attempt to improve bad legislation.
SOUTH AFRICAN BOXING BILL
1. On page 3, after line 21, to insert the following definition:
(i) "boxer" means any person to whom a certificate of registration as such has been issued in terms of section 7(1)(c);
2. On page 3, after line 22, to insert the following definition:
(iii) "manager" means any person to whom a certificate of registration as such has been issued in terms of section 7(1)(c);
3. On page 3, after line 33, to insert the following definition:
(ix) "trainer" means any person to whom a certificate of registration as such has been issued in terms of section 7(1)(c);
4. On page 3, in line 28, to omit "or body".
1. On page 5, in line 31, to omit "7" and to substitute "30".
2. On page 5, in line 43, to omit "14" and to substitute "30".
3. On page 6, from line 31, to omit paragraph (v).
4. On page 6, in line 39, to omit "21" and to substitute "30".
5. On page 6, in line 54, after "SA" to insert "on application by such person".
1. On page 7, in line 14, to omit subsection (2) and to substitute:
(2) The Minister must appoint the members of Boxing SA on a part-time basis after consultation with the associations or federation of associations contemplated in section 28.
1. On page 7, in line 31, to omit "leave." and to substitute "leave; or".
2. On page 7, after line 31, to add the following paragraph:
(f) the member does not perform the functions entrusted to him or her by or under this Act satisfactorily.
1. On page 7, in line 57, to omit subsection (4) and to substitute:
(4) The quorum for any meeting of Boxing SA must be fifty percent of the total members of the Commission plus one.
2. On page 8, from line 11, to omit subsection (8) and to substitute:
(8) The quorum for any meeting contemplated in subsection (7) must be fifty percent of the total members of Boxing SA and fifty percent of the total members of the associations attending the meeting or federation of associations, as the case may be, plus one.
1. On page 8, in line 32, after "must" to insert ", with the approval of the Minister and the Minister of Finance,".
1. On page 8, in line 47, after "must" to insert ", with the approval of the Minister and the Minister of Finance,".
1. On page 9, in line 9, to omit "Boxing SA" and to substitute "The Chief Executive Office".
2. On page 9, in line 13, to omit "Boxing SA" and to substitute "The Chief Executive Office" and to omit "six" and to substitute "five".
3. On page 9, in line 17, to omit "exclude" and to substitute "include".
4. On page 9, after line 18, to add the following subsection:
(6) The financial statements contemplated in subsection (5) must be audited by the Auditor-General.
1. On page 9, in line 41, to omit paragraph (d) and to substitute:
(d) enter into an agreement with an accredited legal firm or accredited auditor under section 16 ;
1. On page 10, in line 53, to omit "the" and substitute "compensation and".
1. On page 13, in line 10, after "Constitution" to insert "and the Public Finance Management Act, 1999 (Act No. 1 of 1999)".
1. On page 13, after line 31`, to insert the following paragraph:
(j) the rating of boxers and the sanctioning of fights between boxers;
1. On page 2, after the third line, to insert:
(b) ensure the effective and efficient administration of professional boxing in the Republic;
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