06July 2006
COMMENTS

The 2010 FIFA World Cup South Africa Special Measures Bill. 2006 ("the Bill seeks to provide for special measures so as to give effect to the Organising Association Agreement between FIFA and SAF.A as well as to the guarantees issued by the Government to FIFA for the hosting of the 2010 World Cup South Africa.

The following comments are made, in respect of the Bill:-

GENERAL COMMENTS

1. A Bill named the Safety at Sport and Recreational Events Bill, which seeks to provide for the safety and security of all persons who attend sports and recreational events at stadiums or venue, is in the process of being promulgated and we suggest that note of that legislation be taken since it ' provides for some of the matters which this Bill also provides for.

AD CLAUSE 8

2. This clause provides for persons or vehicles intending to enter or found in designated areas to be searched.

3. This empowers peace officers to search only those persons or vehicles intending to enter or found in areas designated in terms of clause 5 and not the entire stadium or venue. Is it the intention to exclude the rest of the stadium or venue.

4. The clause also empowers peace officers to seize objects found on such persons or in such vehicles.

5. The clause does not specifically set out what objects may be seized. This empowers peace officers to seize any object they find on such persons or in such vehicles.

6. This gives peace officer wide powers to exercise a discretion as to what they will or will not seize, which in our view limits .the constitutional right to privacy in terms of section 14(c) of the Constitution of the Republic of South Africa. 1998, which limitation we believe cannot pass constitutional muster if tested in terms of section 36 thereof.

7. We suggest therefore that the Bill set out what objects may be or in what circumstances objects may be seized in terms of the clause.

REFILWE MATHABATHE STATE LAW ADVISER

DATE: 06/07/2006