South African Sports Commission Act

27 NOVEMBER 1998 KAAPSTAD,

27 NOVEMBER 1998 No. 19521 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT No. 1542.

27 November 1998 No. 1542.

27 November 19Y8 It is hereby notified Act which that the President has assented is hereby published for to the general following information:- keuring algemene Hierby word bekend gemaak dat die President geheg het aan die onderstaande Wet wat hierby sy goed- ter 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. 7 No. 15521 GOVERNMENT GAX3-I’E.

27 NOVE.MBER 1998 Ac: No. 109, 1998 SOUTH AFRICAN SPORTS COMMISSION ACT. IYYX (English text signed by the President. 1998.) to I9 November (Assented ) ACT To provide provide development connected therewith. for the establishment for @e Commission’s powers with regard of the South African Sports Commission; to and of recreation; and to provide for matters to sports administration as well as the enhancement PREAMBLE the history of South African themselves NOTING voluntary organised discrimination which operated during prejudicial into formidable sport and that the sporting movements had forces as a result of the policy of racial and the apartheid era and which was detrimental to sports persons and sport both locally and internationally; ACKNOWLEDGING attempting unity for all sports people; the meaningful role played by the non-racial organisations to promote democracy, non-racialism, gender equality, development in and REALISING the ideals of democracy, ensure an indivisible the dire need to create and sustain a conducive environment of promoting equal opportunities and freedom of association in order to and non racial sporting environment; a non-racial society RECOGNISING which steadfastly upholds accountability Government and sport; and consultation the fundamental and in which all people are equal before the law and rights, democracy, that exists between the unique relationship of human principles CONFIRMING sustain the existing the philosophy and ideals espoused above and the need to nurture and relationship between Government and sport; and RESOLVING pertaining under the direction and with support of the Minister, to establish to the administration the South African Sports Commission to oversee matters and promotion of sport in the Republic of South Africa 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 2(l) of the Auditor-General Act, 1995 (Act No. 12 of 1995); (xi) “Chairperson” means (xv) “Chief Executive Officer” means Commission; “Commission” means the South African Sports Commission, this Act; (v) the Chief Executive Officer of of the Commission; the Chairperson established by (iv) the 5 IO 1 No. 19521 C~OVERNMENTGAZETTE.~~ NOVEMBER 1998 Act NO. 109, 1998 SOUTH AFRICAN SPORTS COMMISSION ACT, 199x (\‘) (\‘I) (\,ii) (\.iii) (1x) (x) (xi) (xii) (xiii) (xiv) (xv) (svi) (x\.ii) in (vi) (vii) organisation; the Chairperson this Act. convened serves a programme for Sport and Recreation; assembled of representatives formed out of of an and such other of the than one type of sport whose existence Sports Organisation by or a person designated by him or her, in terms of this Act; (ii) “Deputy Chairperson” means the Deputy Chairperson of the Commission; (i) “General Assembly” means a duly constituted of National Federations, Multi-Coded parties contemplated Commission “Minister” means the Minister- responsible ‘*Multi-Coded Sports Organisation” means an association more international “NAPCOSA” means the National Paralympic Committee of South Africa; (viii) “National Federation” means a national governing body of a code of sport in relevant international and as the only and control of the relevant code of sport; (ix) authority the National Olympic Committee of South “Olympic Committee” means that may be Africa recognised by the International Olympic Committee: “prescribe” means prescribe by regulation; “provincial authority responsible “SANREC” means “SISA” means “this Act” includes any regulation made under this Act; (iii) “WASSA” means Women and Sport South Africa. (xvii) the provincial for sport and recreation (xii) the South African National Recreation Council; of sport and recreation” means in any province; controlling for the administration in title or such other body (NOCSA) or its successor the Sports Information and Science Agency; of South Africa, the Commission body and by the Republic as such by department recognised (xiii) (xiv) (xvi) the (x) 5 10 I5 20 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- 3s the Chairperson; the Deputy Chairperson; 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, in sport, of which at least one member shall represent skill or experience 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. and the Deputy Chairperson must be appointed by the 40 (2) (n) The Chairperson 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. 6 No. 19521 GOVERNMENTGAZETTE.~~NOVEMRER iyys Act No. 109. 19~8 SOUTHAFRICANSPORTS COMMISSION ACT, 1998 Remuneration, allowances and other benefits 6. (1) The members of the Commission allowances (2) The as determined by the Minister terms of employment including will be paid such and in consultation with the Minister of Finance. of a member ot‘ the the remuneration remuneration 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, (2) A decision incapacity or incompetence. 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). 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. (3) The Chairperson may- ((11 grant to the Deputy Chairperson on such terms and conditions leave of absence, other than vacation leave, as the Chairperson determines: and leave to be absent from a (h) grant to a part-time member of the Commission, meeting or meetings of the Commission. I5 20 2.5 Remunerated employment outside office of member prohibited 10. (I) A member of the Commission with the written approval of the Minister, engage office of the member. appointed on a full-time basis will not, except outside of the in paid employment (2) A member of the Commission appointed on a part-time basis will not engage in 30 any paid employment performance of the functions of the member. that, in the opinion of the Minister. conflicts with the proper Vacancies 11. (1) A vacancy in the Commission will occur- term of office expires; (a) when a member’s (h) on the death of the member; (cj (d) on removal of a member on the resignation 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. (3) The performance of the functions or the exercise of the powers of the Commission in the membership will not be affected by reason of there being a vacancy or vacancies of the Commission. (4) A member of the Commission holds ofice on such terms and conditions, if any, in 35 40 respect of matters not provided Minister. for in this Act, as are determined in writing by the 45 a No. 19521 GOVERNMENT GAZETTE,

27 NOVEMBER 1998 Act No. 109, 1998 SOUTH AFRICAN SPORTS COMMISSION ACT. 1998 Objects of Commission 12. (1) The objects of the Commission are to- 5 15 10 and and talent relating involved streamline awareness institutions and specific organisations: and promote the provincial and other to human resources. and mass participation. centres areas in consultation with the relevant national, provincial in sport and recreation at all levels of foundation, participation, and excellence; sports organisations foster development health consciousness, in sport and recreation; in the Republic; to ensure as well as recreational organisations in sport, sport for people with disabilities and co-operate with local authorities, responsibilities of sport and recreation, regarding sport and recreation matters; the provision and upgrading of facilities and community advise the Minister co-ordinate in disadvantaged and local authority and other sports and recreational assist, facilitate and develop various programmes administration, recreation, women sports academic programmes; support identification participation performance consult, departments persons facilitate and ensure an adequate allocation of funds and resources and provincial their affiliated bodies monitor and take measures Commission the Republic; respect organisations assist in recreation support services as performed by SEA; assist in the promotion ethics and of coaching promote equal opportunities recreation and to ensure that sports structures are unified and democratised all levels; foster co-operation Africa and other countries services and facilities ensure provided with all possible opportunities multi-sports promote and foster development in sport and recreation through to sport and recreation; as well as of sport as well as recreation; that athletes of the Republic of South Africa participate and development and medical the promotion, related and to achieve non-discrimination encouragement information, of sports organisations in sport and recreation to sports organisations in the administration and development in rural areas. the Republic of South to resources. of sports education, of a code of to national and the autonomy the provision events; and international recreational in and are to prepare of access research, in sport; between for all related and at of sport and 25 technological in sport and 30 the proper use of funds allocated by the 20 as well as recreational organisations in Powers and duties of Commission 13. (1) The Commission may, after consultation with the Minister and the General Assembly- (a) (b) (c) support financial in sport; to National render involved set a policy on how funding and resources investigate and determine institution in sport. involved (2) The Commission must- Federations and other institutions the need of supporting any person, organisation or should be channelled; advise the Minister on matters concerning publish (u) (b) (c) perform such other functions information on its objects and functions; as may be assigned to it in terms of any other the policy of sports and recreation; Act. (3) The Commission may- (u) establish, compile and maintain database of persons, sport and recreation ment and facilities connected a database, to sport and recreation: including, organisations, but not limited institutions, to a equip- 55 35 40 45 50 5 IO IS IO No. 19521 GOVERNMENT GAZETTE.

27 NOVEMBER 1998 Act No. 109. 199x SOUTH AFRICAN SPORTS COMMISSION ACT. 1998 throughout organisations or institutions in the distribution of funds at national. provincial in order to promote the Republic and 10 ensure and local liaise with the responsible \po~-t and recreation more effectively co-ordination level: nationally 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 the payment or receipt by the Commission facilitate and promote liaison between and institutions individuals involving of an amount exceeding R 1 million; or (ii) enter into a lease of land for a period of not more than 10 years; let, pledge or otherwise purchase or otherwise acquire, possess, hire, alienate, encumber movable property and, with the written approval of the Minister, granted with the concurrence of the Minister of Finance, immovable property; 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 (4) The Commission must not directly or indirectly to achieve establish, acquire or operate any 20 its objects. organisation objects and initiate projects or institution Meetings of Commission connected with sports organisations, in collaboration with existing organisations but may pursue its or institutions. 14. (I) The Chairperson decides where and when the Commission meets. (2) The Commission must hold at least two meetings (3) The Chairperson or, in his or her absence, in a year. the Deputy Chairperson presides at the members present must elect a meetings of the Commission, member to preside at that meeting. but if both at-e absent, (4) A member who has a personal or financial interest that interest and withdraw from in any matter before the proceedings the of the 30 Commission, must disclose 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. (6) The Minister may, upon giving notice, direct to discuss a matter which meeting of the Commission urgency or of importance. the Chairperson the Minister considers to convene a to be of (7) The Minister is entitled to attend and participate in all the meeting5 of the Commission. (8) The Commission must- (rrj determine (6) keep minutes of its proceedings and decisions. rules of procedure for the conduct of its business; and (9) The quorum for any meeting of the Commission must be fifty percent of the total members of the Commission plus one. Committees 2s 35 10 45 15. (I) The Commission may appoint one or more committees it in the performance of any of its functions or the exercise of its powers, and may dissolve a committee at any time. to assist (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 (b) the functions of a committee; appoint the chairperson the Commission may be appointed as chairperson; and members of a committee, but only a member of 55 12 No. I9521 GOVERNMENT GAZE-I-E.

27 NOVEMBER 1998 Act No. 109,199x SOUTH AFRICAN SPORTS COMMISSION ACT. 1998 (c) determine, after consulting and other benefits of the members of a committee who are not members or employees of the Commission. the remuneration, the Minister, allowances (4) The Commission may- (a) dismiss a member of any committee (0) determine a committee’s procedure. at any time; Delegation of powers and duties 16. (1) The Commission may in writing- (U) delegate any of its powers employees or committees; to a member of the Commission, or or to any of its (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)- 5 IO is subject (a) (b) does not absolve the Commission of the responsibility to any condition which the Commission may impose; and 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 Executive Officer on such terms and conditions a suitably qualified person as its Chief 20 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) (b) (c) the formation and development the organisation, the implementation control, management and discipline of the staff; of the decisions of the Commission. of an efficient administration; 2s (4) As accounting ofhcer the Chief Executi\fe Officer is responsible for- all income and expenditure of the Commission: (a) (0) all assets and the discharging of all liabilities of the Commission; (c‘) of the operational implementation and 30 plans of the the proper and diligent Commission. Delegation by Chief Executive Officer 18. (1) The Chief Executive Ohicer may in writing delegate terms of this Act all or any of his or her powers under this Act. to a person employed in 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 request officers of the Public Service to or to it in terms of any law regulating for the Public Service Commission, such secondment responsible be seconded or transferred 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. 4.5 SO 14 No. 19S?l GOVERNMENT GAZETTE. 27 NOVEMBER 199X Act No. 109. 199X SOI’TH AFRICAN SPORTS COMMISSION ACT, 1998 (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 as consultants terms and conditions to the Commission only when it is absolutely necessary. by the employment will be determined 5 the of in accordancr with the State Tender Board prescripts. experience (2) The Commission Funding 22. (I) The Commission it to perform is entitled its functions effectively. enable to money appropriated annually by Parliament to (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 for the the Minister, estimates of thle Commission’s next financial year: and may submit to the Minister at any time during a financial year estimates of the Commission’s in paragraph income and expenditure income and expenditure to those mentioned supplementary (uj. (3) The Chief Executive Otlicer must disclose full particulars of any income which from a source other than an to accrue, to the Commission to the Minister. has acct-ued. or is expected appropriation by Parliament. Financial statements IO I5 20 23. (1) Thr end of the financial year of the Commission (7) The Commission will cause proper records to be kept of all moneys transactions expended by it. of all its assets and liabilities and of all financial 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. incurred by it received and the expenditure during. and its assets and liabilities as at the end of. that financial year. recei\Ted 01 entered into is 3 1 March of each year. the moneys (3) The Commission must comply with the Reportin, 0 of Public Entities Act. 1997 (Act No. 93 of 1997), and submit financial of that Act. statements as prescribed in sections 5 and 6 30 (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 tabling by him or her in Parliament, if necessary. to the Minister for 35 Application and investment of funds

24. C 1) The funds of the Commission must be applied onlv- . . and allowances and liabilities in the performance of its functions in payment or discharge of the expenses, charges, obligations incurred or undertaken by the Commission and the exercise of its powers; in payment of remuneration bearer, employee, agent, mandatory or representative towards Commission indirectly by way of dividend, bonus or otherwise by way of profit, to the but the provisions of this paragraph will not members of the Commission, 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 any office and of the objects of the of the Commission; lawfully payable to the provisions and no portion and attainment the promotion, furtherance thereof will be paid or transferred directly or 45 of this Act, be SO 40 invested- (o) with a registered financial institution; and 16 No. 19521 GOVERNMENT GAZETTE. 27 KOVEMBER 1998 Act No. 109,1998 SOUTH AFRICAN SPORTS COMMISSION ACT. 1998 (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 for money received from whatever source or paid of accounting out by or on account of the Commission; 5 (6) cause the necessary accounting (c) perform the functions assignmed to him or her by the Commission and other related records to be kept; and 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 submit a full report to the Minister. on its activities during Minister will table that report in Parliament. four months after the end of each financial year that financial year, and the Trust Inone! 28. (1) The Chief Executive Officer must ensure that reasonable precaution is taken in for monies held. connection with the receipt, custody and expending of, and accounting 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 dealt with only in accordance with the powers and duties of the Commission (3) Monies held by the Commission in trust may be invested only in trust must be applied or as trustee. in in a manner which the Commission is authorised to invest. Annual operational plan 10 IS 20 2s 29. (1) The Chief Executive Oficer must prepare and develop for each of this Act, an operational plan setting out in writing, tinancial year ending after the commencement particulars of- (U) (b) the programmes which the Commission the resources proposes (2) If the Commission the Commission to each such programme. 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. is of the opinion proposes to allocate to carry out; and 30 (3) The Commission must submit an operational plan to the Minister. (4) The Commission must perform that is consistent with, and is designed force. its powers in a manner IO give effect to, any operational plan that is in and exercise its functions 35 Regulations 30. (I) The Minister may, in consultation with the Commission, make regulations as 40 of the various programmes any matter which in terms of this Act is required or permitted the implementation for the physical resources providing for sport support services; providing providing for recreation the funding of sport and recreation; support services; for sport and recreation; to be prescribed; for sport and recreation; 45 18 No. 19511 GOVERNMENT GAZETTE. 27 NOVEMBER 1998 Act No. 109,1998 SOUTH AFRICAN SPORTS COMMISSION ACT. 1998 (g) (h) (i) for exceptional for incentives of members of the Commission, the provision remuneration be engaged by the Commission generally, any other matter in respect of which the Minister. after consultation with the Commission, to make regulations in order to achieve rnty deem necessary or expedient on a part-time basis; and the objects of this Act. and such other persons as may achievers in sport; 5 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.