2010 FIFA World Cup South Africa Special Measures Act [No. 11 of 2006]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 495 Cape Town 7 September 2006 No. 29198
THE PRESIDENCY No. 894 7 September 2006
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 11 of 2006: 2010 FIFA World Cup South Africa Special Measures Act, 2006.


2 No. 29198 GOVERNMENT GAZETTE. 7 SEPTEMBER 2006
Act No. 11,206 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL MEASURES ACT. 2006
(English text signed by the President.) (Assented to 1 September 2006.)
ACT To give effect to the Organising Association Agreement between FIFA and SAFA and to the guarantees issued by the Government to FIFA for the hosting and staging of the 2010 FIFA WorId Cup South Africa; and to provide for matters connected therewith.
PREAMBLE
WHEREAS the FCdtration Internationale de Football Association (FIFA) is the world governing body for the sport of football and is responsible for promoting football around the world through education and development programmes and through promoting and supervising international matches;
AND WHEREAS FIFA invited the African Member Associations affiliated to FIFA to bid for the right to serve as host for the final competition of the 2010 FIFA World Cup and provided interested national associations with a List of Requirements regarding the staging and hosting of the final competition of the 2010 FIFA World Cup;
AND WHEREAS the South African Football Association (SAFA) confirmed its bid for the right to serve as host of the final competition of the 2010 FIFA World Cup by submitting the bid documentation to FIFA;
AND WHEREAS the Government of the Republic of South Africa confirmed its support for SAFA's bid to host the 2010 FIFA World Cup by issuing a Declaration in terms of which i t undertook to issue all guarantees requested in the List of Requirements to ensure the success of the 2010 FIFA World Cup and to take all measures necessary in order to comply with such guarantees and shall perform its obligations with due co-operation;
AND WHEREAS FIFA has appointed SAFAas host of the 2010 FIFA World Cup South Africa in accordance with the Organising Association Agreement;
AND WHEREAS the Government of the Republic of South Africa has a duty to pursue major developmental goals as demanded by the Constitution of the Republic of South Africa, 1996, as reflected in broad initiatives to eradicate poverty by 2014 which have been endorsed by the people of South Africa and the United Nations, the Government must strike a balance between the broad national interests of the Republic and the specific interests of FIFA when implementing its guarantees;
AND WHEREAS it is necessary to enact legislation to give effect to the Declaration and the guarantees referred to above,
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Act No. 11,2006 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL MEASURES ACT, 2006
E ITTHEREFORE ENACTED by the Parliament of the Republic of South Africa, B as follows:- Definitions
1. In this Act, unless the context indicates otherwise- “2010 FIFA World Cup South Africa” means the FIFA World Cup football tournament to be staged in and hosted by the Republic in 2010 in terms of the Organising Association Agreement, and includes the 2009 FIFA Confederations Cup to be staged i n the Republic in 2009; “accreditation card” means any card issued in terms of section 5(3); “designated area” means a site or an area designated in terms of section 5( 1); “FIFA” means the FCdCration Internationale de Football Association; “final competition” means the final tournament of the 2010 FIFA World Cup South Africa which shall be contested in the year 2010 in the Republic by 32 teams and which shall be deemed to last for the period stipulated by the Minister by notice in the Gazette; “Immigration Act” means the Immigration Act, 2002 (Act No. 13 of 2002); “LOC” means the 2010 FIFA World Cup Organising Committee South Africa (an association incorporated under section 2 I of the Companies Act, 1973 (Act No. 6 1
“match” means a football match in its entirety (including overtime and penalty kick phases) played as part of the 2010 FIFA World Cup South Africa, and includes any training session or exhibition by a participating team or delayed or deferred matches and replays; “Minister” means the Minister responsible for sport and recreation at national level in the Republic; “Organising Association Agreement” means the Organising Association Agree- ment, including its annexes, entered into between FIFA and SAFA; “peace officer” means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 5 1 of 1977), and includes a member of a municipal police service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); “prescribed” means prescribed by regulation; “regulation” means any regulation made in terms of section 9; “SAFA” means the South African Football Association or its successors-in-title; “stadium” means a stadium contemplated in section 2; “team” means the 23 football players and the 27 persons accompanying such football players representing a national association affiliated with FIFA, which national association has qualified to participate in the 2010 FIFA World Cup South Africa; “traffic-free zone” means a public road or area contemplated in section 7(l)(b); “venue” means any area or place contemplated in section 2.
of 1973));
Declaration as stadium or venue
2. (1) The Minister must by notice in the Gazette declare a stadium or venue as a stadium or venue recognised for the purposes of this Act upon written confirmation by the LOC that such-
(a) stadium has been identified and selected to host one or more matches under the auspices of the 2010 FIFA World Cup South Africa; and
(b) venue has been identified and selected. (2) For the purposes of subsection (l), “venue” means any area or place, other than
(a) is demarcated by an enclosed or semi-enclosed temporary or permanent building structure where one or more matches are to be hosted under the auspices of the 2010 FIFA World Cup South Africa; and
(b) may consist, amongst other things, of seating for spectators, attendees or an audience, a field of play, a permanent or temporary podium and any other recreational area required for hosting the 2010 FIFA World Cup South Africa.
a stadium, which-
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Act No. 11, 2006 2010 FIFA WORLD CUP SOUTH AFRICA SPEClAL MEASURES ACT, 2006
National anthems and flags
3. (1) No person may prevent- (a) the playing of the national anthem of any country represented by a team
during any match or other official event of the 2010 FIFA World Cup South Africa; and 5
(b) the flying of the national flag of any country represented by a team during any match or other official event of the 2010 FIFA World Cup South Africa.
(2) Any person who contravenes or fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment. 10
Visas, visitor’s permits, work permits and business permits
4. (1) Subject to the Immigration Act, the- Minister of Home Affairs may grant a visa in terms of section 10A(3)(a) of the Immigration Act to a person from a country that is not exempt from complying with visa requirements to attend the 2010 FIFA World Cup South Africa for 15 the requested period if that person lodges an application for a visa with the Minister of Home Affairs at least 14 days before departing for the Republic; and Director-General of Home Affairs may issue a visitor’s permit in terms of section I I (1) of the Immigration Act to a person from a country that is exempt 20 from complying with visa requirements upon entry into the Republic in order to attend the 2010 FIFA World Cur, South Africa for the r,eriod which that person is exempt from complying with visa requirements.
(2) (a) Any person, including team members, intending to conduct work in the Republic in connection with and for the duration of the 2010 FIFA World Cup South 25 Africa must, in support of an application for an authorisation in terms of section I l(2) of the Immigration Act, submit a letter to the Minister of Home Affairs from FIFA approving the work to be conducted.
(b) A person contemplated in paragraph (a) intending to conduct work for a period exceeding the period for which he or she enjoys exemption from having to comply with 30 visa requirements, must be in possession of a valid visa for the intended period and purpose prior to proceeding to the Republic: Provided that the period of the intended visit may not exceed six months.
(3) The Minister of Home Affairs may allow dignitaries identified as such by FIFA to be admitted to and sojourn in the Republic for the duration of the 2010 FIFA World Cup 35 South Africa in terms of section 3 1(2)(a) of the Immigration Act if a list containing the personal particulars of the dignitaries prepared by FIFA is received by the Minister of Home Affairs at least 30 days before the dignitaries intend to depart for the Republic.
(4) (a) If any person intends to conduct work, or establish or invest in a business, in the Republic for a period exceeding six months in connection with the 2010 FIFA World 40 Cup South Africa, such person must, when applying for a work permit or a business permit in terms of the Immigration Act, provide the Director-General of Home Affairs with-
(i) proof of accreditation with FIFA in support of the application at least 30 days
(ii) a description of the activities that will be undertaken in the Republic; and (iii) the duration of the intended stay.
prior to proceeding to the Republic; 45
(b) If a person contemplated in paragraph (a) wishes to be exempted from having to comply with any of the requirements for a work permit or business permit prescribed in the Regulations made under section 7 of the Immigration Act, that person must ensure 50 that the Minister of Home Affairs receives an application in terms of section 3 1 (2)(c) of the Immigration Act for the waiver of those requirements at least 60 days prior to that person proceeding to the Republic.
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SPECIAL MEASURES ACT, 2006
(c) The application referred to in paragraph (0) must be approved by the Minister of Home Affairs before the Director-General of Home Affairs may consider the application for a work permit or business permit contemplated in paragraph (a).
Designated areas
5. ( I ) (a ) The LOC, after consultation with the National Commissioner of the South African Police Service and all other stakeholders, may designate any site or any area in a site as a designated area that may only be entered by a person in possession of an accreditation card.
(6) For the purposes of paragraph (a), “site” means any- (i) stadium or venue;
(ii) public viewing place identified by the LOC; (iii) other place or facility related to the 2010 FIFA World Cup South Africa that
the LOC may determine to be a place or facility which may only be entered by a person in possession of an accreditation card; or
(iv) zone surrounding or adjacent to a stadium, venue, place or facility that the LOC, after consultation with the role players referred to in the applicable Host City agreement, identifies as an exclusion zone in which prescribed commercial activities by any person other than persons identified by the LOC are prohibited.
(2) The LOC must ensure that every entry point of a designated area is clearly identified and must indicate on a notice at such entry point that access to that area is limited to persons specifically accredited to enter that area.
(3) The LOC, after consultation with the National Commissioner of the South African Police Service and all other stakeholders, may issue accreditation cards to persons who, in accordance with the Organising Association Agreement, are entitled to enter a specific designated area.
(4) For the purposes of subsection (l)(b)(iv), “Host City agreement” means an agreement between FIFA, the LOC and a city identified and selected by FIFA and the LOC as a city that will host a match.
Access control measures
6. (1) No person may enter a designated area unless he or she is in possession of an
(2) A peace officer must- accreditation card allowing him or her to enter and be in that area.
(a) request any person who wishes to enter or is found in a designated area to produce an accreditation card authorising such person to enter and be in that area;
(6) refuse a person permission to enter a designated area unless such person produces an accreditation card authorising him or her to enter and be in that area; and
(c) remove any person from a designated area if such person is found in that area and, upon the request of the peace officer, refuses or fails to produce an accreditation card authorising him or her to enter and be in that area.
(3) A peace officer may use such force as may be reasonably necessary in and proportional to the circumstances in order to exercise any power in terms of subsection (2).
(4) Any person w h e (a) contravenes or fails to comply with this section; or (6) obstructs or hinders any peace officer in the exercise of his or her powers
under this section, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
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Act No. 11,2006 2010 FIFA WORLD CbP SOUTH AFRICA SPECIAL MEASURES ACT, 2006
Traffic-free zones
7. (1) (a) No person may drive a vehicle into or in a traffic-free zone or park such vehicle in that zone unless a prescribed notice authorising the presence of the vehicle in that zone is displayed on the vehicle in the prescribed manner.
(b) For the purposes of paragraph (a), a traffic-free zone is any public road or area that is-
(i) identified by the National Commissioner of the South African Police Service, after consultation with all other stakeholders, as a traffic-free zone; and
(ii) clearly marked in the prescribed manner as a traffic-free zone. (2) A peace officer must refuse a person permission to drive a vehicle into a traffic-free
(3) A peace officer who finds a vehicle parked or being driven in a traffic-free zone zone unless a notice contemplated in subsection (l)(a) is displayed on such vehicle.
without displaying a notice contemplated in subsection ( I ) (a ) must- (a) direct the person who is driving the vehicle to leave that zone immediately; (b) if the owner or person who parked the vehicle is readily available, order such
owner or person to remove the vehicle from that zone; or ( c ) if the owner or person who parked the vehicle is not readily available, remove
the vehicle from that zone and impound the vehicle. (4) For the purposes of subsection (3)(c), regulation 305(6) of the National Road
Traffic Regulations, 2000, applies with the necessary changes. (5) Any person who-
(a) contravenes or fails to comply with this section; or (b) obstructs or hinders any peace officer in the exercise of his or her powers
under this section, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
Search and seizure
8. (1) A peace officer may search any person intending to enter a designated area or found inside such area and may search any vehicle or container in the possession or under the control of such person or any vehicle being driven into or found in a traffic-free zone for any prescribed object and may seize such an object found on such person, in or on such vehicle or in or on such container and deal with the seized object in thr: prescribed manner.
(2) A peace officer who may lawfully search a person, vehicle or container referred to in subsection (1) may use such force as may be reasonably necessary in and proportional to all the circumstances to overcome any resistance to the search or seizure, including breaking open the vehicle or container.
Regulations
9. ( I ) The Minister may, subject to subsection (2), make regulations regarding any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Act.
(2) The Minister of Safety and Security may make regulations regarding- (a) any matter which may or must be prescribed in terms of section 7 or 8; (b) powers of peace officers in respect of security arrangements at any site
contemplated in section 5( l)(b), including powers in respect of access control and search for and seizure of dangerous and commercial objects in order to give effect to the Organising Association Agreement; and
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Act No. 11,2006 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL MEASURES ACT. 2006
(c ) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administiation of sections 5, 6, 7 and 8.
(3) Any regulation made under subsection (2) may declare a contravention thereof or failure to comply therewith to be an offence and that a person convicted of such an offence may be sentenced to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.
(4) Before the Minister makes any regulation under subsection (1) and before the Minister of Safety and Security makes any regulation under subsection (2), as the case may be, he or she must publish a draft of the proposed regulation in the Gazette together 10 with a notice calling on interested persons to comment, in writing, within a period stated in the notice, of not less than 30 days from the date of publication of the notice.
(5 ) If the Minister or Minister of Safety and Security alters the draft regulations in question, as a result of any comment, he or she need not publish those alterstions before making the regulations. 15
(6) The Minister or Minister of Safety and Security, as the case may be, must submit to Parliament the draft regulations contemplated in subsection (4) and comments received in terms of that subsection before final publication.
Short title
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10. This Act is called the 2010 FIFA World Cup South Africa Special Measures Act, 20 2006.