Makhenkesi Stofile regarding the second reading debate on the National Sport
and Recreation Amendment Bill, 2007, National Council of Provinces
13 September 2007
Chairperson
Honourable members
Ladies and gentlemen
Thank you for the opportunity to present this Bill to you.
We sit in this House today at the back of a week during which we learnt with
sadness, about the death of both South Africa and Mozambiqueâs national
football assets, in Mamelodi Sundowns' Gift Leremi and Black Leopards' Fernando
Matola, respectively.
On the playing field, the past weekend showed how far our national football
teams still are in conquering our own continent, let alone the world. The
situation calls for our intervention and no matter how our intervention is
interpreted, intervene, we must. This is what this Bill is also trying to do to
empower us to come in and assist where necessary.
The Bill is intended to amend the National Sport and Recreation Act, 1998 to
align its contents with the new governance structure of sport in South Africa.
It provides for the deletion of the South African Sport Commission, the
National Olympic Committee of South Africa (Nocsa) and other structures that
have been closed down and recognises the Sports Confederation as the only non-
governmental macrostructure for sport in South Africa.
One of the most important shortcomings in the governance of sport in South
Africa has always been the fact that, while the Minister of Sport and
Recreation has been given the responsibility for sport and recreation, he/she
does not have the authority to carry out this responsibility. To date the
Minister of Sport and Recreation had to depend on the goodwill and support of
federations to carry out this responsibility. The Amendment Bill is firmly
rooted in the spirit of our Constitution, especially the funding
provisions.
As such, the Bill provides a fulcrum on which transformation of sport should
stand. Our Mass Participation programmes, schools sport and club development as
well as living federations, these provide the proverbial rod to move the world.
The objective and end-product will be quality teams that reflect our national
diversity, cohesion and pride.
This Bill seeks to give the Minister power to:
* intervene in any dispute, alleged mismanagement, or any other related
matter in sport and recreation which is likely to bring a sport and
recreational activity into disrepute
* issue directives or refer the matter to a mediator in this regard
* issue guidelines or policies to promote equity, representivity and redress in
sport and recreation
* make regulations on various sport and recreation matters.
The Minister of Sport and Recreation will not interfere in selection of
teams and election of administrators, technical officials and the like. This is
left to the federations and its members.
The Minister of Sport and Recreation, however, has the responsibility to
ensure good and responsible governance of sport and recreation in this country.
We have seen many examples of malpractices and poor governance of national
federations over the past few years. Surely we cannot have a situation where
officials of federations can destroy a sport and have a Minister who can do
nothing about it. Sport belongs to the nation; it is an integral part of our
way of life our South African culture, over which government with its elected
representatives have a serious responsibility. We do not subscribe to the view
that sport is a holy cow that must be left untouched. Our sport must be
reflective of the type of society we want in our country. It must make us proud
as a nation.
We are mindful of the position of international sporting bodies with regard
to "government interference" in sport. This Bill does not in any way suggest
that government will interfere in sport and recreation. In fact, I am sure that
it is the wish of every international body that its members exercise good
governance and it is expected of every responsible Minister to ensure that this
is the case.
After conducting public hearings regarding the Bill around the country, the
inclusion of the amendments in the Bill as proposed at the said public
hearings, were considered. As a result:
* Provision has now been made for a consultative process with the respective
MEC, if applicable, when the Minister of Sport and Recreation decides to
intervene in any dispute, alleged mismanagement, or any other related matter in
sport and recreation which is likely to bring a sport and recreational activity
into disrepute (clause 13 (5)(a) of the Bill).
* A penalty clause in Clause 8 of the Bill has been inserted where national
federations (NF's).
* Misuse the funding that they receive from government (see clause 10(3)(a) and
(b)).
* Fail to develop sport and recreation as undertaken (see clause 10(3)(a) and
(b)).
* Provision has been made that national federations must develop sport and
recreation at club level (see clause 10(2)(b). NF's must also in terms of the
Bill indicate the specific clubs that will receive funding.
* Via government's grant to them and the total amount of funding that will be
utilised for club development in respect of the said grant.
* Via the NF's own resources as well as from other resources (sponsors etc.)
and the total amount of funding that will be utilised for club development in
respect of the said resources.
* Provision has now also been made that the Constitutions of NF's must be
scrutinised on a regular basis to ensure that it conforms to the Constitution
Act of South Africa (see clause 13C(b)).
* In clause 13A(a) of the Bill, provision has now been made that the Minister
of Sport and Recreation must issue guidelines instead of having an option to do
so (we have, therefore, substituted "may" for "must").
* In clause 13A(b) we have now provided that the guidelines do not have to
conform to the international standard as we have a unique situation in South
Africa.
In conclusion, I wish to refer to clause 7(d) of the Bill where a foreign
sports person is recruited to participate in sport in South Africa by a
national federation; and state that the Minister of Sport and Recreation is not
intervening in the selection of teams by requiring that a national federation
must satisfy itself that there are no other suitable sports persons in South
Africa before doing such recruitment, quality control and compliance with
scarce skill law.
We see this Bill as an important piece of legislation and we sincerely trust
that you will give the Bill your support.
I thank you.
Issued by: Sport and Recreation South Africa
13 September 2007
