South African Sports Commissiion Act [No. 109 of 1998]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post O$lce as a Nertjspaper As ‘n Nuushlad by die Poskantoor Geregistreer
CAPE TOWN, 27 NOVEMBER 1998 VOL. 401 No. 19521
KAAPSTAD, 27 NOVEMBER 1998
OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT
No. 1542. 27 November 1998 No. 1542. 27 November 19Y8
It is hereby notified that the President has assented to the Hierby word bekend gemaak dat die President sy goed- following Act which is hereby published for general keuring geheg het aan die onderstaande Wet wat hierby ter information:- algemene inligting gepubliseer word:-
No. 109 of 1998: South African Sports Commission Act, 1YYX No. 109 van 1998: Wet op die Suid-Afrikaanse Sportkommis- sic, 1998.
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Ac: No. 109, 1998 SOUTH AFRICAN SPORTS COMMISSION ACT. IYYX
(English text signed by the President. ) (Assented to I9 November 1998.)
ACT To provide for the establishment of the South African Sports Commission; to provide for @e Commission’s powers with regard to sports administration and development as well as the enhancement of recreation; and to provide for matters connected therewith.
PREAMBLE
NOTING the history of South African sport and that the sporting movements had voluntary organised themselves into formidable forces as a result of the policy of racial discrimination which operated during the apartheid era and which was detrimental and prejudicial to sports persons and sport both locally and internationally;
ACKNOWLEDGING the meaningful role played by the non-racial organisations in attempting to promote democracy, non-racialism, gender equality, development and unity for all sports people;
REALISING the dire need to create and sustain a conducive environment of promoting the ideals of democracy, equal opportunities and freedom of association in order to ensure an indivisible and non racial sporting environment;
RECOGNISING a non-racial society in which all people are equal before the law and which steadfastly upholds the fundamental principles of human rights, democracy, accountability and consultation and the unique relationship that exists between Government and sport;
CONFIRMING the philosophy and ideals espoused above and the need to nurture and sustain the existing relationship between Government and sport; and
RESOLVING to establish the South African Sports Commission to oversee matters pertaining to the administration and promotion of sport in the Republic of South Africa under the direction and with support of the Minister,
B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions
1. In this Act, unless the context otherwise indicates-
(i)
(ii) (iii)
(iv)
“Auditor-General” means the person appointed as such in terms of section 5 2(l) of the Auditor-General Act, 1995 (Act No. 12 of 1995); (xi) “Chairperson” means the Chairperson of the Commission; (xv) “Chief Executive Officer” means the Chief Executive Officer of the Commission; (iv) “Commission” means the South African Sports Commission, established by IO this Act; (v)
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(\‘)
(\‘I)
(\,ii) (\.iii)
(1x) (x)
(xi)
(xii) (xiii)
(xiv) (xv)
(svi) (x\.ii)
“Deputy Chairperson” means the Deputy Chairperson of the Commission; (i) “General Assembly” means a duly constituted assembled of representatives of National Federations, Multi-Coded Sports Organisation and such other parties contemplated in this Act. convened by the Chairperson of the 5 Commission or a person designated by him or her, in terms of this Act; (ii) “Minister” means the Minister- responsible for Sport and Recreation; (vi) ‘*Multi-Coded Sports Organisation” means an association formed out of more than one type of sport whose existence serves a programme of an international organisation; (vii) 10 “NAPCOSA” means the National Paralympic Committee of South Africa; (viii) “National Federation” means a national governing body of a code of sport in the Republic of South Africa, recognised as such by the relevant international controlling body and by the Commission and as the only authority for the administration and control of the relevant code of sport; (ix) I5 “Olympic Committee” means the National Olympic Committee of South Africa (NOCSA) or its successor in title or such other body that may be recognised by the International Olympic Committee: (x) “prescribe” means prescribe by regulation; (xvi) “provincial department of sport and recreation” means the provincial 20 authority responsible for sport and recreation in any province; (xii) “SANREC” means the South African National Recreation Council; (xiii) “SISA” means the Sports Information and Science Agency; (xiv) “this Act” includes any regulation made under this Act; (iii) “WASSA” means Women and Sport South Africa. (xvii) 25
Administration of sport and recreation and functions of Commission
2. The Commission must fulfil all its functions as contemplated in this Act under the guidance of the Minister.
Establishment of the South African Sports Commission
3. A juristic person to be known as the South African Sports Commission is 30 established.
Composition of Commission
4. (I) The Commission will consist of- the Chairperson; the Deputy Chairperson; 3s nine members elected by the General Assembly: two members elected by the National Olympic Committee of South Africa (NOCSA); seven members appointed by the Minister on the ground of their knowledge, skill or experience in sport, of which at least one member shall represent 40 SANREC and SISA, respectively, two members shall represent WASSA and at least one member shall focus on rural sport development; one member elected by the National Paralympic Committee of South Africa (NAPCOSA); one member from each provincial department of sport and recreation who, ex 4.5 ofic;o, will be members of the Commission.
(2) (n) The Chairperson and the Deputy Chairperson must be appointed by the Minister and will serve on a full time basis.
(b) AH other members of the Commission will serve on a part-time basis.
Term of office 50
5. The members of the Commission will serve for a period of five years and will be eligible for election for not more than two terms of office.
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Remuneration, allowances and other benefits
6. (1) The members of the Commission will be paid such remuneration and allowances as determined by the Minister in consultation with the Minister of Finance.
(2) The terms of employment including the remuneration of a member ot‘ the Commission may not be adversely altered during the term of office. 5
Resignation
7. A member of the Commission may resign by giving written notice of at least three months to the Chairperson, but the Chairperson may accept a shorter notice period.
Removal from office
8. ( 1) The Minister may remove a member of the Commission from office, only on the 10 ground of misconduct, incapacity or incompetence.
(2) A decision to remove a member of the Commission from ofice must be based on a finding of an independent tribunal appointed by the Minister.
(3) The Minister may suspend a member of the Commission from office pending the tinding of the tribunal referred to in subsection (2). I5
Leave of absence
9. (I) A full-time member of the Commission has such vacation leave as prescribed in the regulations.
(2) The Minister may grant to the Chairperson leave of absence, other than vacation leave, on such terms and conditions as the Minister determines. 20
(3) The Chairperson may- ((11 grant to the Deputy Chairperson leave of absence, other than vacation leave,
on such terms and conditions as the Chairperson determines: and (h) grant to a part-time member of the Commission, leave to be absent from a
meeting or meetings of the Commission. 2.5
Remunerated employment outside office of member prohibited
10. (I) A member of the Commission appointed on a full-time basis will not, except with the written approval of the Minister, engage in paid employment outside of the office of the member.
(2) A member of the Commission appointed on a part-time basis will not engage in 30 any paid employment that, in the opinion of the Minister. conflicts with the proper performance of the functions of the member.
Vacancies
11. (1) A vacancy in the Commission will occur- (a) when a member’s term of office expires; 35 (h) on the death of the member; (cj on the resignation of a member; (d) on removal of a member from office in terms of section 8 (1).
(2) A vacancy must as soon as it may be reasonably possible be filled in accordance with the provisions of section 4. 40
(3) The performance of the functions or the exercise of the powers of the Commission will not be affected by reason of there being a vacancy or vacancies in the membership of the Commission.
(4) A member of the Commission holds ofice on such terms and conditions, if any, in respect of matters not provided for in this Act, as are determined in writing by the 45 Minister.
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Objects of Commission
12. (1) The objects of the Commission are to- advise the Minister regarding sport and recreation matters; co-ordinate the provision and upgrading of facilities and community centres in disadvantaged areas in consultation with the relevant national, provincial 5 and local authority and other sports and recreational organisations: assist, facilitate and develop various programmes relating to human resources. administration, health consciousness, awareness and mass participation. recreation, women in sport, sport for people with disabilities and specific sports academic programmes; 10 support talent identification and promote and foster development and participation in sport and recreation at all levels of foundation, participation, performance and excellence; consult, streamline responsibilities and co-operate with the provincial departments of sport and recreation, local authorities, institutions and other 15 persons involved in sport and recreation; facilitate and ensure an adequate allocation of funds and resources to national and provincial sports organisations as well as recreational organisations and their affiliated bodies in the Republic; monitor and take measures to ensure the proper use of funds allocated by the 20 Commission to sports organisations as well as recreational organisations in the Republic; respect the autonomy of sports organisations as well as recreational organisations in the administration of sport as well as recreation; assist in the promotion, encouragement and development of sport and 25 recreation related research, information, and medical and technological support services as performed by SEA; assist in the promotion and development of sports education, of a code of ethics and of coaching in sport; promote equal opportunities and to achieve non-discrimination in sport and 30 recreation and to ensure that sports structures are unified and democratised at all levels; foster co-operation in sport and recreation between the Republic of South Africa and other countries through the provision of access to resources. services and facilities related to sport and recreation; 35 ensure that athletes of the Republic of South Africa participate in and are provided with all possible opportunities to prepare for all international multi-sports events; and promote and foster development in sport and recreation in rural areas.
Powers and duties of Commission 40
13. (1) The Commission may, after consultation with the Minister and the General Assembly-
(a) render financial support to National Federations and other institutions involved in sport;
(b) set a policy on how funding and resources should be channelled; 45 (c) investigate and determine the need of supporting any person, organisation or
institution involved in sport. (2) The Commission must-
(u) advise the Minister on matters concerning the policy of sports and recreation; (b) publish information on its objects and functions; 50 (c) perform such other functions as may be assigned to it in terms of any other
Act. (3) The Commission may-
(u) establish, compile and maintain a database, including, but not limited to a database of persons, sport and recreation organisations, institutions, equip- 55 ment and facilities connected to sport and recreation:
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liaise with the responsible organisations or institutions in order to promote \po~-t and recreation more effectively throughout the Republic and 10 ensure co-ordination in the distribution of funds at national. provincial and local level: nationally facilitate and promote liaison between individuals and institutions 5 in respect of sport; enter into agreements with any person, organisation or institution, upon such conditions as may be agreed upon, but the Commission may not, except with the written approval of the Minister- (i) enter into a contract involving the payment or receipt by the Commission IO
of an amount exceeding R 1 million; or (ii) enter into a lease of land for a period of not more than 10 years; purchase or otherwise acquire, possess, hire, alienate, let, pledge or otherwise encumber movable property and, with the written approval of the Minister, granted with the concurrence of the Minister of Finance, immovable property; IS with the written approval of the Minister, granted with the concurrence of the Minister of Finance, on such terms and against such security as may be agreed upon, raise money by way of loans from any source; and generally, do everything which is necessary to achieve its objects.
(4) The Commission must not directly or indirectly establish, acquire or operate any 20 organisation or institution connected with sports organisations, but may pursue its objects and initiate projects in collaboration with existing organisations or institutions.
Meetings of Commission
14. (I) The Chairperson decides where and when the Commission meets. (2) The Commission must hold at least two meetings in a year. 2s (3) The Chairperson or, in his or her absence, the Deputy Chairperson presides at
meetings of the Commission, but if both at-e absent, the members present must elect a member to preside at that meeting.
(4) A member who has a personal or financial interest in any matter before the Commission, must disclose that interest and withdraw from the proceedings of the 30 Commission when that matter is considered.
(5) ((I) A decision of the majority of the members of the Commission present at any meeting will be binding on the Commission.
(0) In the event of an equality of votes the person presiding at that meeting will ba\.e a casting vote in addition to the deliberative vote. 35
(6) The Minister may, upon giving notice, direct the Chairperson to convene a meeting of the Commission to discuss a matter which the Minister considers to be of urgency or of importance.
(7) The Minister is entitled to attend and participate in all the meeting5 of the Commission. 10
(8) The Commission must- (rrj determine rules of procedure for the conduct of its business; and (6) keep minutes of its proceedings and decisions.
(9) The quorum for any meeting of the Commission must be fifty percent of the total members of the Commission plus one. 45
Committees
15. (I) The Commission may appoint one or more committees to assist it in the performance of any of its functions or the exercise of its powers, and may dissolve a committee at any time.
(2) A committee consists of at least two members of the Commission and such other 50 members as the Commission deems fit.
(3) The Commission must- (a) determine the functions of a committee; (b) appoint the chairperson and members of a committee, but only a member of
the Commission may be appointed as chairperson; 55
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(c) determine, after consulting the Minister, the remuneration, allowances and other benefits of the members of a committee who are not members or employees of the Commission.
(4) The Commission may- (a) dismiss a member of any committee at any time; 5 (0) determine a committee’s procedure.
Delegation of powers and duties
16. (1) The Commission may in writing- (U) delegate any of its powers to a member of the Commission, or to any of its
employees or committees; or IO (b) direct any member of the Commission, or any of its employees or committees,
to perform any of its duties. (2) A delegation or instruction in terms of subsection (l)-
(a) is subject to any condition which the Commission may impose; and (b) does not absolve the Commission of the responsibility concerning the exercise IS
of its powers or performance of its duties. (3) The Commission may confirm, vary or revoke any decision taken by a member of
the Commission, committee or employee in consequence of a delegation or instruction.
Chief Executive Oficer
17. (I) The Commission must appoint a suitably qualified person as its Chief 20 Executive Officer on such terms and conditions as it considers appropriate.
(2) The Chief Executive Officer is the accounting officer of the Commission. (3) The Chief Executive Officer is, subject to the directions and in accordance with the
policy of the Commission, responsible for- (n) the formation and development of an efficient administration; 2s (b) the organisation, control, management and discipline of the staff; (c) the implementation of the decisions of the Commission.
(4) As accounting ofhcer the Chief Executi\fe Officer is responsible for- (a) all income and expenditure of the Commission: (0) all assets and the discharging of all liabilities of the Commission; and 30 (c‘) the proper and diligent implementation of the operational plans of the
Commission.
Delegation by Chief Executive Officer
18. (1) The Chief Executive Ohicer may in writing delegate to a person employed in terms of this Act all or any of his or her powers under this Act. 35
(2) The delegate will, in the exercise of a power delegated under subsection (1). be subject to any directions given by the Chief Executive Officer.
.4cting Chief Executive Officer
19. (1) The Commission may, as a result of a vacancy in the oflice of the Chief Executive Officer, appoint any person as Acting Chief Executive Officer who will not 40 serve for a period exceeding six months.
(2) The Chief Executive Ot‘ticer must be appointed not later than six months after the appointment of the Acting Chief Executive Officer.
Employees of Commission
20. (1) (a) The Commission may in consultation with the Minister and the Minister 4.5 responsible for the Public Service Commission, request officers of the Public Service to be seconded or transferred to it in terms of any law regulating such secondment or transfer.
(b) Persons in the Public Service seconded to the Commission perform their duties subject to the control and discipline of the Chief’ Executive Officer. SO
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(2) The Commissron may with the approval of the Minister and the Minister of Finance appoint other per.sons in its service.
Consultants
21. (1) The Commission may employ persons having suitable qualifications and experience as consultants to the Commission only when it is absolutely necessary. 5
(2) The terms and conditions of the employment will be determined by the Commission in accordancr with the State Tender Board prescripts.
Funding
22. (I) The Commission is entitled to money appropriated annually by Parliament to enable it to perform its functions effectively. IO
(2) For the purpose of subsection (1) the Chief Executive Officer-
(0)
fb)
must submit to the Minister during each ftnancial year, but before a date set by the Minister, estimates of thle Commission’s income and expenditure for the next financial year: and may submit to the Minister at any time during a financial year estimates of the I5 Commission’s income and expenditure supplementary to those mentioned in paragraph (uj.
(3) The Chief Executive Otlicer must disclose full particulars of any income which has acct-ued. or is expected to accrue, to the Commission from a source other than an appropriation by Parliament. to the Minister. 20
Financial statements
23. (1) Thr end of the financial year of the Commission is 3 1 March of each year. (7) The Commission will cause proper records to be kept of all moneys recei\Ted 01
expended by it. of all its assets and liabilities and of all financial transactions entered into by it and must as soon as possible but not later than six months after the end of each 25 financial year. cause statements of acc1ount and a balance sheet to be prepared showing. with all appropriate particulars. the moneys received and the expenditure incurred by it during. and its assets and liabilities as at the end of. that financial year.
(3) The Commission must comply with the Reportin, 0 of Public Entities Act. 1997 (Act No. 93 of 1997), and submit financial statements as prescribed in sections 5 and 6 30 of that Act.
(4) The financial statements referred to in subsection (2) will exclude receipts by the Commission of funds held in trust or expenditure thereof.
(5) The Chief Executive Officer must as soon as possible but not later than six months after the end of the tinancial year submit audited financial statements to the Minister for 35 tabling by him or her in Parliament, if necessary.
Application and investment of funds
24. C 1) The funds of the Commission must be applied onlv- . . in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Commission in the performance of its functions 40 and the exercise of its powers; in payment of remuneration and allowances lawfully payable to any office bearer, employee, agent, mandatory or representative of the Commission; and towards the promotion, furtherance and attainment of the objects of the Commission and no portion thereof will be paid or transferred directly or 45 indirectly by way of dividend, bonus or otherwise by way of profit, to the members of the Commission, but the provisions of this paragraph will not prevent the reimbursement of expenses reasonably incurred by such members in the performance of their duties.
(2) The money of the Commission may, subject to the provisions of this Act, be SO invested-
(o) with a registered financial institution; and
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(h) in any other manner approved in writing by the Commission
Accountability
25. The Chief Executive Officer will- (o) subject to the Exchequer ACI, 1975 (Act No. 66 of 1975). be charged with the
responsibility of accounting for money received from whatever source or paid out by or on account of the Commission;
(6) cause the necessary accounting and other related records to be kept; and (c) perform the functions assignmed to him or her by the Commission from time to
time and will, in respect thereof, be accountable to the Commission.
Auditing
26. The accounts and financial recsords of the Commission must be audited by a registered firm of auditors and the Auditor-General.
Reporting
27. The Commission must within four months after the end of each financial year submit a full report to the Minister. on its activities during that financial year, and the Minister will table that report in Parliament.
Trust Inone!
28. (1) The Chief Executive Officer must ensure that reasonable precaution is taken in connection with the receipt, custody and expending of, and accounting for monies held. in trust in accordance with the provisions of the Auditor-General Act, 1995 (Act No. 12 of 1995).
(2) Monies or other properties held by the Commission in trust must be applied or dealt with only in accordance with the powers and duties of the Commission as trustee.
(3) Monies held by the Commission in trust may be invested only in a manner in which the Commission is authorised to invest.
Annual operational plan
29. (1) The Chief Executive Oficer must prepare and develop in writing, for each tinancial year ending after the commencement of this Act, an operational plan setting out particulars of-
(U) the programmes which the Commission proposes to carry out; and (b) the resources the Commission proposes to allocate to each such programme.
(2) If the Commission is of the opinion that an operational plan is inconsistent with the objects and provisions of this Act, the Commission may request the Chief Executive Officer to revise the operational plan.
(3) The Commission must submit an operational plan to the Minister. (4) The Commission must perform its functions and exercise its powers in a manner
that is consistent with, and is designed IO give effect to, any operational plan that is in force.
Regulations
30. (I) The Minister may, in consultation with the Commission, make regulations as 40
5
10
IS
20
2s
30
35
any matter which in terms of this Act is required or permitted to be prescribed; the implementation of the various programmes for sport and recreation; providing for the physical resources for sport and recreation; providing for sport support services; 45 providing for recreation support services; the funding of sport and recreation;
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(g) the provision for incentives for exceptional achievers in sport; (h) remuneration of members of the Commission, and such other persons as may
be engaged by the Commission on a part-time basis; and (i) generally, any other matter in respect of which the Minister. after consultation
with the Commission, rnty deem necessary or expedient to make regulations 5 in order to achieve the objects of this Act.
Short title and commencement
31. This Act is called the South African Sports Commission Act, 1998, and comes into operation on a date to be fixed by the President by proclamation in the Gazem.