Comments on the New Boxing Bill: Eastern Cape

The Department of Sport, Recreation, Arts and Culture facilitated the discussions on the new Bill by EC boxers, promoters, managers, trainers, officials, the EC Sport Council and Departmental officials. These discussions culminated in a Provincial Indaba that was held on 16 June 2000.

On the overall, there is general concern on the following mailers:
· Whilst the outcomes of this legislation might assist in improving the image of boxing as far as structures and financial management is concerned, the question remains whether government can afford to legislate on every professional sporting code in the country.
· The role of the Provincial Government is stated in an ambiguous manner. There needs to be clarity on this role as far as policy, financial, decision making and accountability issues are concerned.
· The Eastern Cape Boxing fraternity did not accept the "firewall" that is introduced by the bill on the total separation of roles between the promoters and managers.

With the exception of the above, the bill was welcomed by the stakeholders and the following recommendations were made with regard to the editing of the document:

1. Pg.4 - (2e)

Delete the negative object and insert:
- To maintain the highest level of professionalism in Boxing

2. Pg.5 – (j))

Minister to regulate on the management of boxing disputes
-Use of television (monitor on the spot/immediate)
-Conciliation methods
-Need for training of referees (holding vs clinching)

3. Pg.5-(n)

Minister to regulate on general principles regarding the criteria for selection from amateur to professional boxing.
- Need to make sure that boxers graduate from amateur matured.

4. Pg. 6 R

Minister to develop Framework on the recognition of international boxing bodies
-Need guidelines /framework to consider world bodies
- Need to peruse constitutions of all world bodies Boxers should benefit from the acceptance of world bodies

5. Pg.6- 3(c)

Apply consistency in referring to "women"

Delete "female" and insert "women"

6. Pg. 7 - (5)

Issue of linkages with international medical and scientific association to be looked at

6. Pg.7 - (7.1a)

Develop further the principle of "in consultation" to give clear guidance when Boxing SA is not in agreement with the Minister

- On the appointment of CEO the role of the Minister should not be ambiguous, he/she should have a final say in such an appointment.

7. Pg. 10 – (j)

Delete agreement between promoter and an official

- Officials to be appointed and paid by Boxing SA and not by the promoters

8. Pg. 11 -R

Minister to regulate on investment fund

-
Boxing S.A to approach insurance Companies (risk management a2encies) dealing with group schemes for boxers
-Fund should address high-risk health areas, investment, pension and assurance.

9. Pg. 11 – (m)

Delete and insert the following:

- To provide for a grading system that would enable amateur boxers to become professionals

10. Pg. 14-(9e)

- ADD: Person dealing with referees, judges, and technical officials

11. Pg. 18(4)

- Change ‘deal’ to co-ordinate or handle

12. Pg. 21, 19(1) & (3)

Define "representative" in Section 1

13. Pg. 21, 19(1) & (3)

Address contradictions in appointment of representative by the Minister and reporting to the MEC.

-If accountability remains with the National Minister, reporting should equally remain as such

14. Pg. 22. (7)

Add: No funds shall be paid by the Provincial Government with respect to the running of the Provincial Office of Boxing SA

This national legislation should not result in duplication of roles between statutory/professional bodies and government.
The location of offices in the Provincial Departments could have "hidden costs". It should be stated categorically that Provincial Departments would not be prepared to pursue unfunded mandates.
The total cost implications of the Bill should be clearly spelt out and should not accrue to Provincial Governments

15. Pg.22, 21c

Delete "servants" and insert officials

Minister to regulate on provincial staffing principles
Note that the CEO will require adequate staffing to carry out his/her duties in the absence of a provincial executive structure

16. Pg.28 (31.1&2)

Delete Section on "Firewall between promoters and managers"

This is a very serious issues for stakeholders and if the recommendations contained herein are not accepted, stakeholders would like to receive the Minister's comments and reasoning behind such non-acceptance.

In Summary
-Promoters want to be accepted as both promoters and managers of boxers. The Minister is at liberty to regulate on this existential relationship
-The main reason being that. there are not enough promoters particularly in previously disadvantaged communities
-If this distinction is made in the South African can situation, the advancement of boxing - particularly as a sport, which has high levels of black participation - will be adversely affected. If this occurs, it will be a result of our own making through this section of the Legislation.

Further, Boxing SA should also give guidelines on the minimum purse for boxers according to clearly defined categories

13. Pg. 32

Minister to regulate on:

- Who determines the appeal fee
- Should one win the appeal, there must be refund There must be provision for a final/ overriding judge
14. Pg. 34, 39(1)

Add clauses from the Labour Relations Act to manage the power relations between boxers and managers.

15. P35, (4)

This retrospective clause can lead to serious mitigation against the Minister or Boxing South Africa

- Delete "before"

ISSUES NOT COVERED BY THE BILL and/or REGULATIONS
These issues are very crucial and must be covered:
- Transparency on television coverage and television rights
- Television commentators to refrain from giving public their own opinions/scoring fights
- International Agencies/agents and their roles
- Compulsory requirement for a qualified physician specialising in boxing injuries
- Introduction of cut man
- Standard rates for boxer's purse
- Requirement on securing sponsorships
- Bill is mum on boxers health (HTV/AIDS should be part of the Act)
- Certain percentage of boxer's purse to be invested, Boxing SA should look into the matter.

OTHER RECOMMENDATIONS ON PROCESSES
Minister to convene a National India to adopt all provincial proposals.