South African Institute for Drug-Free Sport Act 14 of 1997
REPtlBLIC OF SOUTH AFRI& . ·.~
GOVERNMENT GAZETTE
·sTA.ATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA . . . , '
, . Registered at. the Post Office as· a Newspap~r As :n Nuusblad by die Poskantoor Geregistreer
VOL. 383
PRESIDENT'S OFFICE
CAPETOWN, 23MAY1997
KAAPSTAD, 23 MEI 1997 No. 18028
KANTOOR VAN DIE PRESIDENT
· 23 May 1997 · No. 726. 23 Mei 1997
It is hereby notified that the Acting President has assented to the following· Act which is hereby published for general
Hierby word bekend gemaak dat di~ Waamemende Presi- dent sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-infonnation:- ·
No. 14 of 1997: South African Institute for Drug-Free Sport' No . . 14 van 1997: Wet op : die Suid-Afrikaanse Instituut vir Act, 1997. · · Dwelmvrye Sport, 1997.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
2 : No.-1802!l GOVERNMENT GAZETTE, 23MAY1997 · •
. - Act No. 14, 1997 SOUTH AFRICAN INSTI1UfE FOR DRUG-FREE SPORT ACT, 1997
ACT To promote the participation in sport free from the u5e of prohibited substances or methods intended to artificially enhance performance, thereby rendering imper- missible doping practices which are contrary to the principles of fair play and medical ethics, in the interest of the health and well-being of sportspersons; and to provide for matters connected therewith.
(Afrikaans text signed by the Acting President.) (Assented to 20May1997.)
BE IT ENACTED by the Parliament pf , the Republic of South Africa, as · follows:- Definitions
1. In this Act, unless the context indicates otherwise- (i) "Appeal Board" means the board established by section 17; (iii) 5
· (ii) "doping", in relation to the practice of sport, means the administration of substances belonging to prohibited classes of pharmacological agents or the application of any method intended to enhance performance artificially; (i)
(iii) .. Institute" means the South African Institute for Drug-Free Sport, established by section 2; (iv) 10
(iv) "International Olympic Committee" means the organisation of that name with its headquarters in Lausanne, Switzerland, under the auspices of which · the Olympic Games are conducted; (v)
(v) "international sports federation" means any group of national sports bodies involved in the overseeing and co-ordination of the playing and administra~ 15 tion of any particular sport at international level; (vi)
(vi) .. Minister" means the Minister of Sport and Recreation; (vii) (vii) "national sports federation" means any number of people involved in the
overseeing and co-ordination of the playing and administration of any particular sport in any particular country; (viii) - , · · · .,. 20
(viii} "NOCSA" means the National Olympic Committee of South Africa; (ix) (ix) "notifiable event" means any sports event which is intended to take place
anywhere within or outside the Republic, with reference to which drug tests or sampling is to be carried out, as determined by the Institute; (ii)
(x) "NSC" means the National Sports Council; (x) 25 (xi) "SISA" means the Sports Information and Science Agency: (xi)
Establishment of South African Institute for Drug-free Sport
2. There is hereby established a corporate body to be known as the South African Institute for Drug-Free Sport.
Composition of Institute · ; ··l.
3. (l) The Institute shall consist of a chairperson and as many other members as may tie agreed upon by the Minister in consultation with NSC and NOCSA, all of whom shall be appointed by the Minister in terms of subsection (4). · · · ·
30
4 No. 18028 GOVERNMENT GAZETIE, 23 MAY 1997
Act No. 14, 1997 SOUTII AFRICAN INSTITUTE FOR DRUG-FREE SPORT ACT, 1997
(2) In addition to the members referred to in subsection (1) the Chief Executive Officer of the Institute shall be a member of the Institute by virtue of his or her office.
(3) The Minister shall, with a view to the appointment of the members referred to in subsection (1), invite interested parties through the media and by notice in the Gazette to propose candidates, within 30 days of the publication of the said notice, for 5 appointment as such members. . . , .
( 4) The Minister shall when it becomes necessary appoint as a member of the Institute a person proposed by the interested parties as contemplated in subsection (3). .
(5) The members appointed in terms of subsection (1) shall hold office for such period, not exceeding five years, as the Minister may determine at the time of 10 appointment
(6) The Minister may remove any member from his or her office if- ( a) that member contravenes or fails to comply with any provision of this Act; . (b) the estate of that member is sequestrated; (c) that member is unable to perform his or her functions as a member due to 15
physical or mental illness; ( d) that member is convicted of an offence and sentenced to imprisonment,
without the option of a fine; · ( e) that member without lawful cause is absent from three consecutive meetings
of the Institute; or 20 (f) the Institute recommends that such member shall vacate his or her office.
(7) Members of the Institute. whose · terms of office. expire · are eligible for reappointment.
(8) A member of the Institute may resign from office by submitting at least one month's written notice to the Minister. 25
(9) (a) The Minister shall as often as it becomes necessary appoint a chairperson of the Institute and the members of the Institute shall as often as it becomes necessary elect a deputy chairperson from among their number. .
. (b) Whenever the chairperson is unavailable, the deputy chairperso·n shall perform the functions of the chairperson. . · . . • · , . . · 30
(10) (a) The chairperson or an executive memberofthe Institute may be an official of a national or provincial sports federation: Provided that it shall be incumbent on such chairperson or executive member to prove to the satisfaction of the Minister that no conflict of interest exists.
(b) The Minister may remove such chairperson or executive member from his or her 35 office whenever he or she deems it necessary or where a conflict of interest exists or where such chairperson or executive member fails to prove to the satisfaction of the Minister that no conflict of interest exists.
Vacancies in Institute
4. (I) A vacancy in the Institute shall occur-,-:- 40 (a) when a member's term of office expires; (b) when a member dies; · · (c) · when a member is removed from office in terms of section 3(6); or (d) when a member's resignation, submitted in terms of section 3(8), takes effect.
(2) A vacancy in the Institute shall not affect the validity' of the proceedings or· the 45 decisions of the Institute. ; · · . · · • ·
(3) A vacancy in the Institute shall be filled as soon as practicable in terms of section ~~ . . .. ' Meetings of Institute
5. (1) The meetings of the Institute shall be held at the times and places determined by 50 the chairperson: Provided that the first meeting shall be held at the time and place determined by the Minister: Provided further that at least four meetings shall be held in each year.
(2) If both the chairperson and deputy chairperson are absent from a meeting of the Institute the members present shall elect one of their number to preside at that meeting. 55
(3) The quorum for any meeting of the Institute shall be a majority of the total number of members. · · ·
(4) The decision of the majority of the members of the Institute present at a meeting shall constitute a decision of the Institute, and in the event of an equality of votes
6 No. 18028 GOVERNMENT GAZETIE, 23 MAY 1997
Act No. 14, 1997 - SOUTII AFRICAN INSTITUTE FOR DRUG-FREE SPORT ACT, 1997 ';:
concerning any matter, the member presiding at the meeting shall have a casting vote in addition to such member's deliberative vote.
(5) The Institute shall determine the procedure for its meetings and shall ensure that the principles of transparency, openness and public participation are observed at such meetings. -· - · 5
(6) The Institute shall cause minutes to be kept of its proceedings ..
Stalf of Institute · - -
6. (1) The Institute shall, in consultation with the Minister and the Public 'serviCe Commission, appoint a suitably qualified and experienced person as Chief Executive Officer of the Institute. . . 10
(2) The Institute may, at its request and in consultation with the Public Service Commission, be assisted by officers of the public service seconded to the service of the Institute in terms of the Jaw regulating such secondment.
(3) The persons contemplated in subsections (1) -and (2) shall receive such remuneration, allowances and other employment benefits and shall be appointed or 15 seconded on such terms and conditions and for such periods as the Institute may determine in consultation with the Public Service Commission, the Minister and the Minister of Finance.
(4) The Institute may, in consultation with the' Minister and the Public Service Commission, for specific projects enter into contracts for the services of persons having 20 techniCal or ·specialised ki1owledge of any matter relating io the functions of the Institute, and may, with the concurrence of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons. · -
Remuneration and allowances of members of Institute
--7. The remuneration, allowances and other terms and conditions of office and service benefits of the members of the Institiite shall be determined by the Minister in consultation with the Minister of Finance. · · · - '
Expenditure, finances a.nd accountability ' -
25
8. (1) Expenditure incidental to the performance of the functions of the Instituie shall 30 be defrayed from money received by the Institute from any source or appropriated for the purposes of the Institute by Parliament, in the same manner, but with the necessary adaptations, and subject to the same laws as in the case of the expenditure of a department of the National Government.
.··· (2) The Chief Executive Officer of the Institute- 35 (a) shall be responsible for the management of and administrative control over the
staff contemplated in section 6(2), and shall for those purposes be accountable to the Institute; - - · -
(b) is, subject to the Exchequer Act, 1975 (Act No. 66 of 1975)- , - (i) charged with the -responsibility of accounting for money received from ~O
:whatever source, or paid out by or on account of the Institute;· - _ · (ii) - charged with the duty to cause the necessary accounting and other related
records to be kept; and _ _ (c) shall perform the functions assigned to him or her by the Institiite from time
to time, and shall in respect thereof be accountable to the Institute. 45 -· (3) The records referred to .in subsection (2)(b)(ii) shall be .audited 'by the
Auditor-General. ' · . :1
Outside employment and disclosure of interests by members_,
9. (1) A member appoi~ted on a full-time basis shall not, ex~ept with the written approval of the Minister, engage in any paid employment outside the duties of the office 50 of the member:· - - · ·
(2) No member of the Institute shall engage in any employment which conflicts with the proper performance of the functions of such member. - - _ - .
(3) A member who, directly or indirectly, through his or her spouse, partner or business associate, has any financial interest in a matter being considered by the Institute 55
8 No.18028 GOVERNMENT GAZETI'E, 23 MAY 1997
Act No.14, 1997 SOUTH AFRICAN INSTITUTE FOR DRUG-FREE SPORT ACT, 1997 . '
shall as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Institute and shall not be present during any deliberations of the Institute with regard to the matter and shall not take part in any decision of the Institute thereon ..
Objects of Institute 5
10. (I) The objectives of the Institute are- . , . . .. (a) to promote participation in sport. free from the use of prohibited substances or
methods intended to artificially enhance performance, thereby rendering impermissible doping practices which are contrary to the principles of fair play and medical ethics, in a manner consistent with protecting the health and 10 well-being of competitors, and the rights of all persons who take part in sport;
( b) to encourage the development . of programmes for the educatiori .. of the ' community iO general, and the sporting community in particular, in respect of
the dangers of doping in sport; . · . . · · , (c) to provide leadership in the development of a: national strategy concerning 15
doping in sport; . . . . · · · . . .. . ( d) to bring about the introductfon 'of a centralised independent sample collection
and testing programme, which may subject ariy sportsperson to dope testing at' 'short notice, or without notice, both in .and out of competitio'n; . .
(e) . to encourage the SouthAfrican national sports federations and other sports 20 organisations to adopt uniform independent internationally acceptable sample collection and testing procedures;· · · .
(fJ ; to' encourage .the development and mruntenanc~ of a sport dru'g testing laboratory or laboratories accredited by the International Olympic Commit- ~~ ' . ' . • ' .~
( g) to promote and encourage the adoption of uniform sample collection and testing procedures, and education programmes relating to doping in ,sport internationally; · · · ' · · · · ·
(2) The Institute shall opeiate in close conjunction with SISA.
Powers and duties of Institute 30
11. (I) The Institute may- ' · . . (a) enter into contracts for or in connection with the performance of its functions
and the attainment of its objects; . . (b) acquire, hold and dispose of movable and immovable property; . . ( c) occupy, use and control any land or building owned or held under lease by the 35
Government and made available to the Institute for its piirposes; (d) appoint agents and attorneys; · (e) appoint persons to perform services for the Institute; (f) accept gifts, grants and bequests given or made to the Institute; and act as
·trustee in respect of money o~ other property ve.sted in the Institute in trust; 40 · ( g) . develop; maintain, distribute and publish information on procedures for, and
developments concerning, the collection and testing of samples~ and (h) do anything else which is necessary for the attainment of the objects of the
In~~ . .
(2) The Institute shall- , . . . . . 45 (a) draw up and maintain a . list of prohibited substances . and practices
complementing the "List of Doping Classes and Methods", published annually by the International Olympic Committee arid other relevant Sporting Federations;· · · ·
(b) establish and maintain a Register of Notifiable Events; SO (c) notify relevant persons and organisations of entries into the Register of
Notifiable Events; · · ' • ·· . : · · (d) disseminate information relating to the penalties likely to be imposed if
sportspersons test positive for doping, or if they fail to comply with requests to provide samples for testing; · · · ' · · · · · ·' 55
JO No. 1802& GOVERNMENT GAZETIE, 23 MAY 1997
Act No. 14, 1997 SOUTH AFRICAN INSTITUTE FOR DRUG-FREE SPORf ACT, 1997
. ( e) select sportspersons who ·are to be requested to provide samples for testing; (/) collect samples from sportspersons in accordance with approved guidelines,
and secure the safe and tamper-free transit of samples to IOC-accredited · , . laboratories for testing;. ' · · - ..
(g) develop and implement educational programmes to discourage the practice of 5 doping in sport; · . . ,' ,
(h) consult with, assist, co-operate with and provide information to governmental and non-governmental organisations and other persons within South Africa and internationally; . . .
Ji) talce steps aimed at ensuring that South Africa complies with international 10 agreements and other arrangements concerning the use of drugs and doping in sport, to which South Africa is a party; ·. . · .· . . · . .
(j) ' undertalce research, co-ordinate and arrange for research to be undertaken in 'the field of performance-enhancing drugs' and doping practices in sport; and
(k) encourage the pursuit of optimal sports performances in an environment free 15 · from the use of drugs. · . · . ·
(3) Any failure of any Federation to co-operate with the Institute shall be reported to the Minister, who will address the issue with the relevant macro sporting organisations.
•'.. . . ' . •, .. Preparation of strategic plans ·
12. (1) The Institute shall prepare in writing for each successive period determined in 20 accordance with subsection (2), a strategic plan setting out the manner iri which the 1 .. functions of the Institute are intended to be performed during that period, and shall implement such plan.
(2) The first strategic plan shall encompass the plan as approved by , the Institute immediately after the commencement of this Act, and shall be developed so as to relate 25 to a period of four years commencing on a date falling within the period twelve months commencing immediately after the promulgation of; this Act, and each subsequent strategic plan shall be determined to relate to the period of four years. commencing immediately after the end of the period to which the immediately preceding strategic ~re~ · · W
Approval and commencement of st111tegic plans
13. A strategic plan prepared in accordance with section 12 shall be submitted to the Minister for approval not less than three months,· or such lesser period as the Minister; in special circumstances, may allow, before the commencement of the period to which
. _,
the plan relates, and shall come into force- .. . · · 35 (a) on the day on which it is approved by the Minister; or (b) at the commencement of the period to which it relates,
whichever is the later. -
variation or strategic ptans
14. (1) The Institute shall from time to time during the period in respeet of which a 40 strategic plan prepared in accordance with section 12 is in force, consider whether or not a variation of the strategic plan is necessary'. · -· ' · · ·
(2) If the Institute considers that a variation of a strategic plari is necessary, the Institute may, with the approval of the Minister, vary the strategic plan; · · ',
(3) If a variation of a strategic plan is approved by the Minister, the plan as so varied 45 shall continue in. force on and after the date on which the variation was so approved as if the plan had originally been approved by the Minister as so varied. ·
Annual operatiol!-al plans
15. (1) The Institute shall develop and prepare in w~ting in respect of e~h financial
12 No. 18028 GOVERNMENT GAZETTE, 23MAY1997
Act No. 14, 1997 SOUTH AFRICAN INSTITIITE FOR DRUG-FREE SPORT ACT, 1997
year which ends after the commencement of this Act, operational plans setting out- ( a) the programmes which the Institute proposes to follow; and (b) the resources which the Institute proposes to allocate to each such programme,
. , during that year in order to give effect to the strategic plan which then applies. (2) If the Minister is of the opinion that an operational plan in respect _of a financial 5
year is inconsistent with the applicable s_trategic plan, the Minister may, in writing, request the Institute to revise the operational plan. .
(3) The Institute shall revise an operational plan if the Minister so requests. (4) An operational plan, or a revised operational plan- ··. . . .
(a) shall be submitted to the Minister as soon as is practicable; and . . 10 . . (b) shall come into force when it is ap~roved in writi~g by the Minister.
Institute to comply _with plaris . I - ' .
16. The Institute shall perform its functions and exercise its powers in a manner which is consistent with and is designed to give effect to any strategic plan and operational plan in force at that time. ·
: .. Appeals to Appeal Board and resolution of disputes
15
17. ( 1) (a) There is hereby established a board which shall be known as the Institute Appeal Board, and which shall consist of a panel of not fewer than 10 persons possessing special knowledge and expertise of the subject matter, from which at least three members shall be appointed by the Minister on the recommendation of the Institute 20 to constitute a hearing to hear and decide upon a dispute: Provided that at least one member so appointed by the Minister shall have a legal background.
(b) Before an appeal may be lodged, an amount of one thousand rand shall be deposited by the appellant with the Appeal Board, which amount shall be refundable in full only after the Appeal Board has reached a verdict in favour of the appellant: 25 Provided that the said deposit shall be forfeited by the appellant in the event of the appeal being unsuccessful. . , . . . . .
( c) The Appeal Board may with a view to the personal circumstances of a prospective appellant waive the requirement of a deposit referred to in-parag{aph (b)~ ;·. - .·.
(2) (a) The Appeal Board may hear and decide on any dispute relating to drug-taking 30 or doping in sport. · · . ·
(b) The Appeal Board may confirm or set aside any sanction imposed by a sporting body in respect of drug-taking or doping, and may in the place of any sanction so set aside, impose any sanction which in its opinion should and could lawfully have been imposed. . 35
(3) A member of the Appeal Board shall, subject to such member's right to resign on one month's written notice, remain a member for such period as the Minister may determine at the ti.IDe of the member's appointment. · .
(4) A member of the Appeal Board shall be eligible for reappointment. . (5) The procedure to be followed in connection with appeals to the Appeal Board shall 40
be determined by the Board in consultation with the Minister, and every parry to an appeal, including the Institute, shall be entitled to be represented by a person of his or her own choice. , ·
(6) The sanctions which may be imposed on persons guilty of taking drugs shall bC in accordance with the penalties laid down in the constitutions of the respective.sports 45 federations. ·
Short title I I ·, '
18. This Act shall be called the South African Institute for Drug-Free Sport Act, · 1997. -· . . . . . . . . . .