National Sport And Recreation A/B [B17b-2006]: deliberations & adoption

EDUCATION AND RECREATION SELECT COMMITTEE
22 August 2007
NATIONAL SPORT AND RECREATION A/B [B17B-2006]: DELIBERATIONS & ADOPTION

Chairperson: Mr B Tolo (Mpumalanga, ANC)

Documents handed out:
National Sport and Recreation Amendment Bill [B17B-2006]

Audio recording of meeting

SUMMARY
The legal advisor to the Department of Sport and Recreation summarised once again for Members the content and reasons for the Bill. Clause 1 provided for definitions. Clause 2 had provided for the deletion of references to the National Olympic Committee and the Sports Commission, and noted that the S A Sports Confederation and Olympic Committee (SASCOC) was the overall national macro co-ordinating body. Many of the other clauses in the Bill had now corrected the references to this. Consequential amendments were provided for in Clause 3 and clause 6. Clause 4 referred to service level agreements and it was explained how national federations would develop their sports and recreational activity. Clause 5 provided for the Minister to make general policy regarding sport and recreation after consultation with SASCOC. Clause 7 was amending the references in regard to federations. Clause 8 dealt with training of sport and recreation leaders. The functions of the Department and of SASCOC were now clarified, and in essence the Department would function in funding, whereas SASCOC would take responsibility for practical implementation steps. The dispute procedures were clarified and the Minister had power to intervene in dispute where the situation was likely to bring sport and recreation into dispute, but could not intervene in relation to selection of teams. Mr Boshoff noted that the Bill was a Section 75 Bill. The Minister of Sport could guide national federations in the recruitment process. Questions were raised by Members on the Section 75 issue, and it was clarified that no Section 76 Bill would be required. It was clarified that the recruitment clauses were intended to promote local talent. Members then went through the Bill again, clause by clause, and resolved to adopt the Bill

MINUTES
National Sport and Recreation Amendment Bill (the Bill): Summary and discussions
Mr Gideon Boshoff, Legal Advisor: Department of Sport and Recreation (SRSA), took the Committee briefly through the Bill. Clause 1 of the Bill provided for various definitions, and some had been amended in this version. Clause 2 provided for the deletion of the words “NOCSA (National Olympic Committee of South Africa)” and “the Sports Commission”. These two bodies were to be subsumed into the South African Sports Confederation and Olympic Committee (SASCOC), a non governmental sports body.  It would be the only overall national macro co-ordinating body for promotion of sport and recreation in South Africa with regard to high performance sport. He said that wherever there was reference made to a  “Sports Confederation”, this meant that it would relate to high performance sport, as opposed to the Department, which dealt with all kinds of sport. Clause 3 also provided for the deletion of Section 3 of the Principal Act; it had referred to inter-governmental liaisons with other countries but specifically in relation to the Sports Commission. With the repeal of the Sports Commission, the Section was superfluous..

A new insertion in Clause 4 related to an amendment of Section 3 of the principal Act. National Federations were in turn defined in Clause 1 of this Bill. This clause now referred to service level agreements between the Department and SASCOC  to develop standards and criteria. National Federations would develop their sports and recreational activity in terms of Service Level Agreements, development programmes and also in terms of the guidelines issued by the Minister with regard to representivity and equity in sport and recreation. He noted that these federations must also submit an annual report to the Department with regard to this development in sport. The Minister of Sport also had the power to advise his/her colleague in the Department of Finance if National Federations had failed to develop their programmes. In terms of the current tax laws federations received benefits if they did develop their programmes.

Clause 5 provided for the amendment of section 4 of the principal Act by providing for the Minister to make general policy regarding sport and recreation after consultation with SASCOC

Clause 6 made provision for the deletion of Section 5 of the principal Act, which was a consequential amendment arising from the falling away of the Sports Commission.

Clause 7 amended references in Section 6 of the principal Act to the federations. National Federations were already amended to include recreation.

Clause 8 provided for the substitution of Section 7 of the principal Act, which dealt with the training of sport and recreation leaders. This clause listed the steps that SASCOC could take and the essence of it remained the same as in the Act.

Clause 9 related to funding. Mr Boshoff said that the Bill was amending portions of the Act relating to funding. In essence the Department's functions remained in funding, facilities and programmes. SASCOC was taking responsibility for providing physical facilities, organizing programmes mobilizing the nation to play sport, establish a national colours board, and provide incentives. These amendments were contained in Clauses 10 through 12.

Clause 13 made provision for the amendments to Section 13 of the principal Act. Disputes were to be submitted to SASCOC in the first instance, which should give a decision that best served the interests of the sports or recreation body in question. SASCOC also had the power to cause an investigation to be undertaken. New subsections (5) to (10) stated that the Minister may intervene in any dispute or alleged mismanagement, but not in relation to selection of teams. The Minister may issue a directive or refer the matter for medication. Mr Boshoff stated that this intervention by the Minister would happen where the situation was likely to bring sport and recreation into disrepute.

Clause 14 inserted new sections. The new Section 13A stated that the Minister could issue guidelines or policies to promote equity, representivity and redress in sport and recreation.

The new Section 13B required sport and recreation bodies to submit statistics.

Clause 15 related to the Minister's powers to make regulations.

The remainder of the clauses dealt with technical issues.

Mr Boshoff then said that some issues had been raised already that he could answer now. The first issue related to the question of whether the Bill was a Section 75 or a Section 76 Bill. Mr Boshoff said that the Bill was still a Section 75 Bill.

The second question passed on to him had referred to recruitment of foreign people to participate in sport. He said that the Minister of Sport could guide the national federations in the recruitment process to enhance what was catered for already, and this would apply to both club and national levels.
 
Discussion    
Mr M Sulliman (Northern Cape, ANC) asked how a club would be dealing with recruitment.

A member of the State Law Advisor's office noted that the purpose of the recruitment clauses was to promote local talent and this should be there as a guide.

The Chairperson asked, with regard to soccer, which bodies would be involved.

Mr Boshoff said that Clause 7(d) only had impact on the national federations.

Ms F Mazibuko (Gauteng, ANC) said for a federation to exist it must have a provincial body as well.

Mr T Setona (Free State, ANC) said that he was sceptical. He asked if there was going to be a Section 76 Bill.

Ms J Masilo (North West, ANC) said that the fact that this was not a Section 76 Bill was an issue.

The State Law Advisor believed that it was not necessary to have a Section 76 Bill.
 
Clause by Clause deliberations
Members then went through the Bill again, clause by clause and resolved to accept each clause of the Bill as contained in the latest version.

The meeting was adjourned.