BRIEFING ON LEGISLATIVE PROGRAMME ON THE 2010 FIFA WORLD CUP SPECIAL MEASURES BILL, 2005

BRIEFING ON LEGISLATIVE PROGRAMME ON THE 2010 FIFA WORLD CUP SPECIAL MEASURES BILL, 2005

During September 2004, our Department approached the SLA for advice and received approval to draft the above-mentioned BILL in the form of a GENERAL LAWS AMENDMENT BILL (2010 FIFA WORLD CUP SPECIAL MEASURES ACT) on behalf of the relevant Departments of Government that have identified the need to amend, repeal current or pass new legislation in order to comply with the guarantees given by them in terms of an Organizing Association Agreement (OAA) between FIFA and the South African Football Association (SAFA) for the staging of the 2010 FIFA Soccer World Cup.

Our Department is currently overseeing a consultation process with all core Departments whereby the latter must advise us whether their legislation must be amended, passed or repealed to comply with the guarantees as referred to above. Likewise the NATIONAL TREASURY is also overseeing a similar process with relevant Departments regarding all matters pertaining to money issues (taxes, levies and duties, etc.) flowing forth from the guarantees given by the said Departments in the above regard. The Bill to be drafted by NATIONAL TREASURY in this regard will be called the 2010 FIFA WORLD CUP FINANCIAL MEASURES BILL.

In terms of the said OAA, the 2010 FIFA WORLD CUP SPECIAL MEASURES BILL (and 2010 FIFA WORLD CUP FINANCIAL MEASURES BILL for that matter) must be passed by not later than 15 December 2005.

A legal workshop with FIFA is due to be held early in MARCH 2005 where the inputs of the said Departments will be discussed at length.

Two reports in respect of the legislative programme in the above regard have thus far being submitted to FIFA on the current progress in the above regard. In terms of the legislative timelines as projected on page 32 of the 2nd report, the said workshop should have been held during Nov-Dec 2004. Due to the unavailability of FIFA at the time, this was not possible and will now only be held early in MARCH 2005.

Furthermore, the said time table indicates that the core Departments must submit the respective drafts of its legislation to be amended, etc. by the end of February 2005 to our Department where after the latter will coordinate all their inputs by incorporating it in the said 2010 FIFA WORLD CUP SPECIAL MEASURES BILL during the month of MARCH 2005.

We have already requested the CHIEF STATE LAW ADVISOR to appoint a senior STATE LAW ADVISOR of his office to assist our Department with the drafting of the 2010 FIFA WORLD CUP SPECIAL MEASURES BILL.

The Departments that gave guarantees in this regard can be summarized as follows:

(read from p 4 of 2nd report)

Of all these Departments the following have thus far identified the need to pass, amend or repeal their legislation in order to conform to their undertakings as expressed in the said guarantees:

1. HOME AFFAIRS: in the process of amending the IMMIGRATION ACT and Regulations to cater for guarantee

2. NATIONAL TREASURY AND SARB: Finality in this regard will be reached after the LEGAL WORKSHOP with FIFA early in March 2005

3. SAFETY AND SECURITY: to draft legislation pertaining to:

the prohibition on the entry into controlled access area sites;
punishable offences regarding the above;
empowerment of police officials and security to confront persons inside these sites for authorization, ID and search of persons/containers and to leave these sites;
accreditation of security officers

4. COMMUNICATIONS: Regulations pertaining to broadcasting rights might have to be amended as FIFA AGREEMENT requires that there must be no restricting on the exploitation on broadcasting rights. Regulations provide for the listing of the FIFA World Cup as a national sporting event which can not be acquired exclusively for broadcasting by subscription TV broadcasting licencees.

5. HEALTH: ACTS: 3 ACTS will have to be amended, namely –

Medicines and Related Substances Act;
Hazardous Substances Act (medicines and medical equipment brought into S A during World Cup will be exempt from the registration requirements of the said Act and the one referred to above);
Foodstuffs, Cosmetics and Disinfectants Act to provide exemptions from marketing, distribution, advertising of alcohol beverages

REGULATIONS: Regulations with regard to emergency medical services, -centers, -medical treatment, and medical services for venues with mass gatherings as well as for foreign qualified medical personnel will be promulgated by OCTOBER 2005.

6. TRADE AND INDUSTRY: Merchandize Marks Act might have to amended to cater for the FIFA World Cup to be declared as a protected event for at least 3-6 months after the hosting of the event. The Act only allows for one month.