National Sport and Recreation Act

4 December 1998 No. 1577.

4 Desember I998 It is hereby notified Act which following information:- that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- tcl NO. I10 of 1998: National Sport and Recreation Act, 1998. No. 110 van 1998: Wet op Nasionale Sport en Kekreasie, 1998. 2 No. 1955 I GOVERNMENT GAZETTE. 4 DECEMBER 1998 Act No. 110,1998 NATIONAL SPORT AND RECREATION ACT, 1998 (English text signed by the President.) (Assented to 24 November I998.) ACT To provide co-ordination federations recreation imbalances correcting sport and recreation; recreation; matters connected to empower for the promotion of the relationships and other agencies; in sport and recreation; to provide and development between the Sports Commission, to provide to promote equity and democracy of sport and recreation and the national and for measures aimed at in in sport and for and to provide for dispute resolution mechanisms to make regulations; the Minister therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows- Definitions

1. In this Act, unless the context otherwise indicates- and control of the relative code of sport in the 15 controlling responsible international by the relevant of the Commission for Sport and Recreation; assembly of representatives Institute” means the institute referred to the National Olympic Committee of South Africa; the National Paralympic Committee of South Africa; of and such other parties or a Sports Organisations, in this Act, convened by the Chairperson federation” means a national governing body of a code of sport in the recognized body as the only for the administration “General Assembly” means a duly constituted National Federations, Multi-coded contemplated person designated by him or her, in terms of this Act; “Minister” means the Minister “NAPCOSA” means “National Coaching and Accreditation in section 7( 1 )cf); “national Republic authority Republic; “NOCSA” means “prescribe” means prescribe by regulation; “provincial department of sport and recreation” means a provincial department responsible for sport and recreation; “Recreation Movement” means a movement sion, SANREC and all recreation “recreation present recreation services; “regulation” means a regulation made in terms of section 14; “SANREC” means the South African National Recreation Council at national and provincial “SISA” means the Sports Information “sports or recreation body” means any national level; involved “Sports Commission” means the South African Sports Commission; “Sports Movement” means a movement NOCSA and all national “this Act” includes any regulation; “WASSA” means Women and Sport South Africa. federation, of sport or recreation at national consisting of the Sports Commis- service whose primary business service” means a recreation of the Sports Commission, and Science Agency; in the administration agency or body federations; federations; consisting level; is to 5 10 20 25 30 35 4 No. 1955 1 GOVERNMENT GAZf3-l-E. 4 DECEMBER 1998 Act No. 110,1998 NATIONAL SPORT AND RECREATION ACT, 1998 Promotion and development of sport and recreation in Republic 2. (1) The Sports Commission will be the overall co-ordinating promotion and development of sport and recreation in the Republic, body save NOCSA. for the (2) The Sports Commission may, from time to time, develop guidelines for the promotion and development of sport and recreation. out sporting or recreational and recreation, (3) (a) Every government ministry, department, province or local authority may carry sport of leadership qualities. a government ministry, to the activities (b) The Sports Commission may, province or local authority in writing, to consult with it in relation relating and development to physical education, activities or activities training programmes including require department, referred to in subparagraph (a). 5 10 (4) All sports and recreation bodies must consult and co-ordinate with the Sports Commission on any matter that has been prescribed by regulation. Intergovernmental liaison and co-operation with other countries

3. The Sports Commission is charged with the responsibility of liaison at 15 intergovernmental level with regard to all matters relating to sport and recreation. Determination of sport and recreation policy 4. (1) The Minister may after consultation with, or after consideration of proposals in respect of the Olympic Games, from to sport and to be pursued with regard made by, the Sports Commission time recreation. to time, determine and NOCSA, the general policy (2) The policy determined by the Minister may, among others, relate to the following: (4 Confirming the various role-players in in an efficient of basic multi- to the provisions of section 10 from time to time, by the Sports and relevant local government and upgrading funds annually for the creation facilities subject the roles and responsibilities to ensure amongst that all efforts are co-ordinated the focus on the administration to priorities as determined, in consultation with provincial, sport and recreation manner; providing purpose sport and recreation and according Commission sport and recreation bodies; maintaining the development of a volunteer corps, to assist in the implementation various mass participation enhancing health consciousness specific interest groups in the society; identifying investing the Republic helping instituting national the sports unification process; and affirmative action teams reflect all parties involved by means of themed programmes in cementing necessary latent talent for sport; in major competitions; programmes; , controls which will ensure in the process. of sport and recreation, as well as of the in the preparation of sport participants who are elected to represent W W (4 (4 cf) 059 (h) aimed at 35 that 40 (3) The policy as dete.rmmed by the Minister binds all sports and recreation bodies. Membership of Sports Commission 5. (1) Membership recreation bodies who qualify Sports Commission. of the Sports Commission will be open to all those sport and by the in terms of the recognition criteria determined (2) No membership shall be granted to a sports and recreation federation which race, based on gender, . permits or tolerates a system or practice of discrimination disability, religion or creed. National and recreation federations 6. (I) The national and recreation federations must assume full responsibility for the safety issues within their sport and recreation disciplines. (2) The national and recreation federations must actively participate in and support programmes and services of the Sports Commission. 20 25 30 45 50 No. 19551 GOVERNMENT GAZETTE. -I DECEMBER 1998 Act No. 110, 1998 NATIONAL SPORT AND RECREATION ACT, 1998 Training of sport and recreation leaders 7. ( 1) The Sports Commission will. in order to and officials at national ministrators ievel- ad address the shortage of trained leaders. seminars the train-a-trainer seminars being awarded by the Sports Commission for sport leaders: are standardised with accredited after the training arrange or present regular train-a-trainer ensure that qualifications modules have been completed; maintain a data-base of trained sport leaders and participants; organise follow-up seminars with sport leaders and participants within agreed time-frames: establish seminars; and establish a National Coaching and Accreditation standards are maintained job placement Institute that will ensure that to prospective employers, a list in respect of successful and that will distribute for the successful a reward system of train-a-trainer completion trainers. (2) The Sports Commi will, in to address the of national level- seminars bein g awarded by the Sports Commission are standardised with accredited after the training seminars for recreation leaders; 5 IO 15 20 the train-a-trainer train-a-trainer arrange or present regular ensure that qualifications modules have been completed; maintain a data-base of trained recreation organise follow-up agreed time-frames: establish seminars; and establish a National Coaching and Accreditation standards are maintained job placement list in respect of successful seminars with recreation for the successful a reward system and that will distribute trainers. leaders and participants; leaders and participants within completion of train-a-trainer 25 Institute to prospective that will ensure that employers a Resources for sport and recreation 8. (1) The Sports Commission will. provisions of section 10, provide physical level, depending on the availability of funds. in accordance with its funding policy and the for sport and recreation at national facilities (2) The beneficiary of the provision of such facilities must ensure the maintenance ot every facility erected, by way of- agreements; (a) maintenance (6) the establishment commercially viable ways. and of management structures to run such facilities in 30 35 (3) The Sports Commission will, when planning consideration spectators with disabilities. is given to the accessibility such facilities facilities to that special ensure sports people and 40 of such Programmes to promote equity in sport and recreation 9. (I ) The Sports Commission must organise programmes aimed at mobilising the nation to play. (2) The Sports Commission must- from time to time, present national mass sport and recreation participation programmes; encourage ties to form partnerships with other related organisations in sport and recreation and mass participation, and local authori- that have an interest sport and recreation departments the provincial in order to- 45 50 x No. 19551 GOVERNMENT GAZETTE. 4 DECEMBER 1998 :Irt No. 110. 1998 NATIONAL SPORT AND RECREATION ACT. 1998 5 10 15 the expansion of mass participation and services: and in sport and recreation departments to employ the and prioritising of sport and recreation needed to implement those programmes (i) enlist financial assistance towards sport and recreation programmes exchange ideas; the provincial (ii) encourage programmes of the Sports Commission; spearhead (i) The development, programmes reporting on the infrastructure and services: and services; and the following: suitability (ii) ensure that- (i) women; (ii) (iii) (iv) (v) neglected receive priority sport and recreation; seek the assistance of international enhance the programmes that rural areas, the youth attending school and those who are no longer attending school; the disabled; senior citizens; and regarding programmes for development and the delivery of to ensure participation the people of the Republic in sport and recreation and a healthy lifestyle. are well informed of the benefits ot organisations in sport and recreation to and to exchange experiences and ideas, 20 Funding of sport and recreation 10. ( I) The Sports Commission must, in accordance with its funding policy- policy where the level of funding is 25 to an accountable set of criteria; on the part of the national federations to the offices of the members of the Executive in the provinces and the local authorities in 30 and local funding; financial assistance rural areas and the disabled. to volunteers, women. in sport and recreation; funding funding; federations for Sport and Recreation a results-based according implement determined encourage creativity and self-reliance regarding direct provincial Council the various cities for provincial increase senior citizens, neglected and demand acceptable ment funding. the profile and increase standards of administration from recipients of Govern- 35 (2) The Sports Commission must. in allocatin, 0 funds to the national and recreation the proportion of fundin, 0 that must be used towards develop- federations. determine ment. (3) No funding will be provided programmes groups, particularly women and people with disabiliies, to national or recreation federations exist or where exclude development disadvantaged ing at top level of sport. federations where no 40 persons from the from participat- National colours and incentives for sports achievers and recreation practitioners 11. ( 1) The Sports Commission must establish a national colours board which will 45 consider all applications (2) The national for the awarding of national colours. colours must be awarded in accordance with the applicable regulations. (3) The Sports Commission may, from time to time, provide incentives for sports achievers and recreation practitioners. Environment and sport and recreation 12. (1) All sport and recreation activities must be conducted in such a way that the environment is not adversety affected. (2) The governing body of any sport or recreation body must lay down guidelines which are aimed at the protection of the environment. 50 55 IO No. 19551 GOVERNMENT GAZETTE, 4 DECEMBER 1998 Act No. 110, 1998 NATIONAL SPORT AND RECREATION ACT, I998 Dispute resolution 13. (I) Every sport and recreation body will. in accordance with its internal procedure its resolve any dispute arising among for in its constitution and remedies provided members or with its governing body. (2) Where the dispute cannot be resolved in terms of subsection (I), any member of 5 the sport or recreation body in question who feels aggrieved, or the sport or recreation body itself, may submit the dispute (3) The Sports Commission must give a decision, to any dispute referred to (1) or (2), that best serves the interests of the sports or recreation body in to the Sports Commission. in relation in subsection question. (4) The Sports Commission may, at any investigation where allegations of- to be undertaken to ascertain time, of cause an the truth within a sport or recreation body, its own accord, (n) (h) (c) corruption, any malpractice of any kind, including any serious or disruptive divisions between factions of the membership of the sports or recreation body; or continuation discrimination based on gender, rights and freedoms of individuals system or practice of race, religion or creed, or violation of the in the administration; or maintenance institutionalised or any law, of any 10 15 have been made, and may ask the Minister of inquiry referred appoint a commission to approach to in section 84 (2) of the Constitution. the President of the Republic to 20 Regulations

14. The Minister may, after consultation with the Sports Commission, make regulations- (a) W fc) (4 (4 Cf) w (h) (9 (3 W 25 to be prescribed; to mass participation in sport and recreation; for sport and recreation; for sport and recreation; of various programmes leaders; as to any matter which by this Act is required or permitted as to the implementation as to the training of sport and recreation relating providing providing providing as to the programmes as to the funding of sport and recreation; relating generally, as to any other matter in respect of which the Minister may deem it 35 in order to achieve necessary for resources for sport support services; for recreation support services; for sport achievers and recreation practitioners; the objects of this Act. to promote engagement in sport and recreation: to make regulations to the incentives and 30 . Delegation of duties, powers and functions by Minister and Chief Executive Officer 15. (1) The Minister may delegate, either generally or in any particular case, any duty, to him or her by this Act, to power or function the Chairperson of the Sports Commission or any other officer in the Sports Commission on such conditions imposed or conferred upon or assigned as the Minister may determine. (2) The Chief Executive Officer may delegate, either generally or in any particular to him or her on such conditions as he or she case, any duty, power or function by this Act to any other officer in the Sports Commission may determine. imposed or conferred upon or assigned (3) Any delegation in terms of this section may at any time be varied or withdrawn. 40 45 Short title

16. This Act is called operation on a date the National Sport and Recreation Act, 1998, and comes into the Gazetfe. fixed by by proclamation the President in