South African Sports Commission Amendment Act [No. 7 of 2001]
REPUBLIC OF SOUTH AFRICA
Vol. 432 Cape Town 29 June 2001 No. 22421
No. 591 29 June 2001
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 7 of 2001: South African Sports Commission Amendment Act, 2001
2 No. 22421 GOVERNMENT GAZETTE, 29 JUNE 2001
Act No. 7,2001 SOUTH AFRICAN SPORTS COMMISSION AMENDMENT ACT. 2001
GENERAL EXPLANATORY NOlE:
[ ] Words in bold type in square b ackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the South African Sports Commission Act. 1998, so as to amend a certain definition and to delete others; to further regulate the composition of the South African Sports Commission and its functions; and to further egulate the appointment of a Chief Executive Officer of the Commission; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa. as follows:-
Amendment of section 1 of Act 109 of 1998
1. Section I of the South African Sports Commission Act. 1998 (hereinafter referred to ;IS the principal Act). is amended- 5
((0 by the insertion after the definition of "Auditor-General" of the following detinition: * ' 'board of the Commission' means the persons elected and appointed as members of the Commission in terms of section 4I I ) ( L L ) and c h ) : " :
( / I ) by the substitution for the definition of "Chairperson" of the following I O detinition: ' * 'Chairperson' means the person elected as Chairperson ofthe Commission in terms of section 1 4 1 ) (a i : " :
( c ' i by the deletion of the detinition of "Deputy Chairperson"; (ti) by the deletion of the definition of "Olympic Committee"; and i e ) by the deletion of the detinition of "SANREC".
Substitution of section 4 of Act 109 of 1998, as amended by section 1 of Act 33 of 1999
2. The following section is wbstituted for section 4 of the principal Act:
"Composition of Commission 20
4. ( I ) The Commission will consist of- ( ( / \ [the Chairperson: (b) the Deputy Chairperson: (c) nine] six members elected by the General Assembly on the ground of
their knowledge o f or skill or experience in sport. policy and 25 management matters and international relations:
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Act No. 7,1001 SOUTH AFRICAN SPORTS CObIMISSION ALMENDMENT ACT. 300 I
[(d) two members elected by the National Olympic Committee of South Africa (NOCSA);
( e ) ] m [seven] members appointed by the Minister on the ground of their knowledge o f r skill or experience in sport. policy and management matters and international relations. of [which at least one member 5 shall represent SANREC and SISA. respectively, two members] whom one member [shall] [represent WASSA] focus on women and [at least] one member [shall] mlst focus on rural sport
development and one member. preferably a person with a disability. must focus o n sport for disabled persons: and I O
i c . 1 the GeneralXas mbly. - [(/I one member. preferably a person with adisability. elected by the
National Paralympic Committee of Sciuth Africa (YAPCOSA): (g) one member from each provincial department of sport and recre-
ation who. e x oflcio. will he members of the Commission.] 15 ( 3 ) [ (a) The Chairperson and the Deputy Chairperson must be
appointed by the Minister and will serve on a part time basis. ( b ) The l l inister may appoint an interim Chairperson to convene the
General Assembly for the purpose of electing the nine members mentioned in subsection (1 ) fc ) who will serve the initial period 2 0 mentioned in section 5 .
basis.". (c ) ] .All [other] members of the Commi~sion w i l l bene on ;I part-time
Substitution of section 5 of Act 109 of 1998
3. The fo l lou ing section is 4ubstituted for section 5 o f the principal Act:
"Term of office
Substitution of section 7 of Act 109 of 1998
4. Thc follo\cing ~ x t i o n i \ substituted for wction 7 01' the principal . -k t :
7. .A member of the board o f the Commission may resiyl by gi\ ins written otice of at least three months to the Chalrperson. but the Chairperson m a y accept a shorter n tice period. -3 3
( 2 ) .Acceptance of a resignation o r shorter period contemplated i n d x c t i o n 1 ) is bubiect to the appro\;11 o f the llinister.
. jmendment of section 9 of Act 109 of 1998
5 . Section 0 o f the principal Act ih amended- i c o h! the deletion ot .;ubwctions i I ) and ( 2 ) : and 4 1 ( / I ) by the substitution for subsection ( 3 ) o f the following wbsection:
. ' ( 3 ) The Chalrperson may[- (0) grant to the Deputy Chairperson leave of absence. other than
vacation leave, on such terms and conditions as the Chairperson determines: and 47
( b ~ j grant IO a [part-time] member of the Commission. lea\,e t o be absent fro111 a meeting o r meeting.; o f the Commission.".
Amendment of section 10 of Act 109 of 1998
6 . Section I O o f the princlpal Act ia amended- / ( ) ) bk the deletion o f subaection ( 1 ): md ( / I , h y the substitution for subsection ( 2 ) of the following subwction:
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Act No. 7,2001 SOUTH AFRICAN SPORTS COMMISSION .AIMENDMENT ACT, 2001
" ( 2 ) A member of the Commission [appointed on a part-time basis] will not engage in any paid employment that, in the opinion of the Minister, after- consultation with an independent tribunal &appointed by the Minister. conflicts with the proper performance of the functions of the member. " . 5
Amendment of section 13 of Act 109 of 1998
7. Section 13 of the principal Act is amended- i u i by the substitution in subsection ( 1 ) for the words preceding paragraph (([/ of
the following words: "The board of the Commission may, [after] @consultation with the Minister 1 0 [and the General Assembly]--"; and - - _ -
(hi by the deletion in subsection ( 3 ) ( d ) of the word "or" at the nd of subparagraph ( i ) and the insertion in that subsection after subparagraph I i o f the following subparagraph:
"(iX) enter into more than one agreement with the same person. 15 orpanisation or institution per tinancial year if the total alnoL1nt involved in the agreements between the Commission and the said person. orcanisation or institution exceeds such an amount ;~s rnay be determined bv the Minister from time to tirne in nritinr: o l - " .
Amendment of section 1-I of Act 109 of 1998 2 0
8. Section 14 of the principal Act is amended- i a ) by the substitution for wbsection ( 1 ) of the following subsection:
.'( 1 1t7) The board of the Commission must from amonpxt its own number elect a Chairperson for the Cornmission for a period not exceeding 12 months.
( h i A person ma! not be re-elected as Chairperson for more than t u n consecutive terms Lvithout the approval of the Minister.
(c-) In the absence of the Chairperson the board of the Commis\ion may designate a person from amongst its own number to chair a meeting.
( d l The Chairperson decides \vhere and \\hen the Commis\ion meets.": and
(D) by the deletion o f subwtion ( 3 ) .
I ' 5
Amendment of section 17 of Act 109 of 1998, as amended by section 1 of Act 3 oi' 1999
9. Section 17 ot'the principal .\ct i b amended by the wbstitution for 4ubsection 1 I 01' -35
"( I ) The [Commissioner] Minister must. [in] Llftrr consultation w i t h the [Minister] board of the Commission and [after] in consultation with Cabinet. appoint a suitably qualiti~d person ;IS [its] Chief Executiw Oftcer of tht. Commission.". 4 J
the following subsection:
Amendment of section 19 o f Act 109 of 1998
10. Section I9 of the principal Act is amended by the- i c ~ ) substitution for subsection ( I ) of the following whsection:
" ( I The [Commission] Minister may. as a result of ;I vacancy in the oftice o f the Chief Executive Officer. after consultation with the board o f 45 the Commission. appoint any person as Acting Chief Executive Ofticcr w h o will [not] serve for a period not eyceeding [six] 2 months.": and
( h J deletion of subsection 13).
Substitution of section 20 of Act 109 of 1998
11. The following hection is substituted for section 2 0 of the principd Act: 50
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.Art No. 7 . 2001 SOUTH AFRICAN SPORTS COMMISSION AVENDMENT ACT. 2001
"Employees of Commission
20. ( I ) (a ) The board of the Commission may in consultation with the Minister and the Minister responsible for the Public Service Commission. request officers o f the Public S e n ice to be seconded or transferred to [it] e Commission in .terms o f any law regulating such secondment or transfer.
( h ~ Persons in the Public Service seconded to the Commission perform their duties subject to the control and discipline of the Chief Executive Officer.
( 2 ) The Commission may with the approval of the Minister and the Ylinister (of Finance appoint other persons i n Crs service.".
Substitution of section 21 of Act 109 of 1998
12. The follo\\,ing wction is \uIxtitutecl for section 2 I o f the principal Act:
.Amendment of section 22 of Act 109 of 1998
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Act No. 7, ZOO1 SOUTH AFRICAN SPORTS COMMISSION AMENDMENT ACT, 2001
responsibility of accounting for money received from whatever source or paid out by or on account of the Commission;”,
Substitution of section 26 of Act 109 of 1998
16. The following section is substituted for section 26 of the principal Act:
26. ( I ) The accounts and financial records of the Commission must be
( 2 ) The Commission must consult the Audtor-%enernl on the appoint- auditedby a registered firm of auditors [and] 5 the Auditor-General.
ment of auditors contemplated in subsection (121“.
Substitution of section 17 of Act 109 of 1998 I 0
17. The following section is substituted for section 27 of the principal .Act:
27. (I, The Commission m u t within [four] months after the end of each financial year submit ;I full report to the Minister o n its acti\itieh during that inancial year. and the Minister [will] table that report In I5 Parliament.
relation to its activities as the Minister may re=”. ( 2 ) The Commlssion must furnish the Minister with such information in
Substitution of word in Act 109 of 1998
18. The principal Act is amended by the substitution for the word “Commission“, 2 0 wherever i t occurs in sections 6( I ) and (2). 1 I ( 1). l3(2) and ( 3 ) , 15( I ) and ( 3 ) . 16( 1 ) and ( 2 ) . 2 1 ( 1 ). 29(2). ( 3 ) and (4) and iO(i7). of the expression “board of the Commission“.
19. This Act is called the South African Sports Commission Amendment Act. 200 I