SOUTH AFRICAN INSTITUTE FOR DRUG-FREE SPORT ACT [NO. 14 OF 1997]
GOVERNMENT GAZETTE, VOL. 383, NO. 18028, 23 MAY 1997

Act

To promote the participation in sport free from the use of prohibited substances or methods intended to artificially enhance performance, thereby rendering impermissible doping practices which are contrary to the principles of fair play and medical ethics, in the interest of the health and well-being of sportspersons; and to provide for matters connected therewith.

(Afrikaans text signed by the Acting President.)
(Assented to 20 May 1997.)

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Definitions

  1. In this Act, unless the context indicates otherwise-

                                 i.            "Appeal Board" means the board established by section 17; (iii)

                               ii.            "doping", in relation to the practice of sport, means the administration of substances belonging to prohibited classes of pharmacological agents or the application of any method intended to enhance performance artificially: (i)

                              iii.            "Institute" means the South African Institute for Drug- Free Sport. established by section 2; (iv)

                              iv.            "International Olympic Committee" means the organisation of that name with its headquarters in Lausanne, Switzerland, under the auspices of which the Olympic Games are conducted; (v)

                                v.            "international sports federation" means any group of national sports bodies involved in the overseeing and co-ordination of the playing and administration of any particular sport at international level; (vi)

                              vi.            "Minister" means the Minister of Sport and Recreation: (vii)

                             vii.            "national sports federation" means any number of people involved in the overseeing and co-ordination of the playing and administration of any particular sport in any particular country; (viii)

                           viii.            "NOCSA" means the National Olympic Committee of South Africa; (ix)

                             ix.            "notifiable event" means any sports event which is intended to take place anywhere within or outside the Republic, with reference to which drug tests or sampling is to be carried out, as determined by the Institute; (ii)

                               x.            "NSC" means the National Sports Council; (x)

                             xi.            "SISA" means the Sports Information and Science Agency. (xi)

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Establishment of South African Institute for Drug-free Sport

  1. There is hereby established a corporate body to be known as the South African Institute for Drug-Free Sport.

Composition of Institute

  1. (1) The Institute shall consist of a chairperson and as many other members as may be agreed upon by the Minister in consultation with NSC and NOCSA, all of whom shall be appointed by the Minister in terms of subsection (4).

2.       In addition to the members referred to in subsection (1) the Chief Executive Officer of the Institute shall be a member of the Institute by virtue of his or her office.

3.       The Minister shall, with a view to the appointment of the members referred to in subsection (1), invite interested parties through the media and by notice in the Gazette to propose candidates, within 30 days of the publication of the said notice, for appointment as such members.

4.       The Minister shall when it becomes necessary appoint as a member of the Institute a person proposed by the interested parties as contemplated in subsection (3).

5.       The members appointed in terms of subsection (1) shall hold office for such period, not exceeding five years, as the Minister may determine at the time of appointment.

6.       The Minister may remove any member from his or her office if-

a.       that member contravenes or fails to comply with any provision of this Act;

b.       the estate of that member is sequestrated;

c.       that member is unable to perform his or her functions as a member due to physical or mental illness;

d.       that member is convicted of an offence and sentenced to imprisonment, without the option of a fine;

e.       that member without lawful cause is absent from three consecutive meetings of the Institute; or

f.         the Institute recommends that such member shall vacate his or her office.

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7.       Members of the Institute whose terms of office expire are eligible for reappointment.

8.       A member of the Institute may resign from office by submitting at least one month's written notice to the Minister.

9.       (a) The Minister shall as often as it becomes necessary appoint a chairperson of the Institute and the members of the Institute shall as often as it becomes necessary elect a deputy chairperson from among their number.

b.       Whenever the chairperson is unavailable, the deputy chairperson shall perform the functions of the chairperson.

10.   (a) The chairperson or an executive member of the Institute may be an official of a national or provincial sports federation: Provided that it shall be incumbent on such chairperson or executive member to prove to the satisfaction of the Minister that no conflict of interest exists.

b.       The Minister may remove such chairperson or executive member from his or her office whenever he or she deems it necessary or where a conflict of interest exists or where such chairperson or executive member fails to prove to the satisfaction of the Minister that no conflict of interest exists.

Vacancies in Institute

  1. (1) A vacancy in the Institute shall occur-

a.       when a member's term of office expires;

b.       when a member dies;

c.       when a member is removed from office in terms of section 3(6); or

d.       when a member's resignation, submitted in terms of section 3(8), takes effect.

  1. A vacancy in the Institute shall not affect the validity of the proceedings or the decisions of the Institute.
  2. A vacancy in the Institute shall be filled as soon as practicable in terms of section 3(4).

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Meetings of Institute

  1. (1) The meetings of the Institute shall be held at the times and places determined by the chairperson: Provided that the first meeting shall be held at the time and place determined by the Minister: Provided further that at least four meetings shall be held in each year.

2.       If both the chairperson and deputy chairperson are absent from a meeting of the Institute the members present shall elect one of their number to preside at that meeting.

3.       The quorum for any meeting of the Institute shall be a majority of the total number of members.

4.       The decision of the majority of the members of the Institute present at a meeting shall constitute a decision of the Institute, and in the event of an equality of votes concerning any matter, the member presiding at the meeting shall have a casting vote in addition to such member's deliberative vote.

5.       The Institute shall determine the procedure for its meetings and shall ensure that the principles of transparency, openness and public participation are observed at such meetings.

6.       The Institute shall cause minutes to be kept of its proceedings.

Staff of Institute

  1. (1) The Institute shall, in consultation with the Minister and the Public Service Commission, appoint a suitably qualified and experienced person as Chief Executive Officer of the Institute.

2.       The Institute may, at its request and in consultation with the Public Service Commission, be assisted by officers of the public service seconded to the service of the Institute in terms of the law regulating such secondment.

3.       The persons contemplated in subsections (1) and (2) shall receive such remuneration, allowances and other employment benefits and shall be appointed or I seconded on such terms and conditions and for such periods as the Institute may determine in consultation with the Public Service Commission, the Minister and the Minister of Finance.

4.       The Institute may, in consultation with the Minister and the Public Service Commission, for specific projects enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the functions of the Institute, and may, with the concurrence of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.

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Remuneration and allowances of members of Institute

  1. The remuneration, allowances and other terms and conditions of office and service benefits of the members of the Institute shall be determined by the Minister in consultation with the Minister of Finance.

Expenditure, finances and accountability

  1. (1) Expenditure incidental to the performance of the functions of the Institute shall be defrayed from money received by the Institute from any source or appropriated for the purposes of the Institute by Parliament, in the same manner, but with the necessary adaptations, and subject to the same laws as in the case of the expenditure of a department of the National Government.

2.       The Chief Executive Officer of the Institute-

a.       shall be responsible for the management of and administrative control over the staff contemplated in section 6(2), and shall for those purposes be accountable to the Institute;

b.       is, subject to the Exchequer Act, 1975 (Act No. 66 of 1975)-

                                                                                 i.            charged with the responsibility of accounting for money received from whatever source, or paid out by or on account of the Institute;

                                                                               ii.            charged with the duty to cause the necessary accounting and other related records to be kept; and

c.       shall perform the functions assigned to him or her by the Institute from time to time, and shall in respect thereof be accountable to the Institute.

3.       The records referred to in subsection (2)(b)(ii) shall be audited by the Auditor-General.

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Outside employment and disclosure of interests by members

  1. (1) A member appointed on a full-time basis shall not, except with the written approval of the Minister, engage in any paid employment outside the duties of the office of the member.

2.       No member of the Institute shall engage in any employment which conflicts with the proper performance of the functions of such member.

3.       A member who, directly or indirectly, through his or her spouse, partner or business associate, has any financial interest in a matter being considered by the Institute shall as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Institute and shall not be present during any deliberations of the Institute with regard to the matter and shall not take part in any decision of the Institute thereon.

Objects of Institute

  1. (1) The objectives of the Institute are-

a.       to promote participation in sport, free from the use of prohibited substances or methods intended to artificially enhance performance, thereby rendering impermissible doping practices which are contrary to the principles of fair play and medical ethics, in a manner consistent with protecting the health and well-being of competitors, and the rights of all persons who take part in sport;

b.       to encourage the development of programmes for the education of the community in general, and the sporting community in particular, in respect of the dangers of doping in sport;

c.       to provide leadership in the development of a national strategy concerning doping in sport;

d.       to bring about the introduction of a centralised independent sample collection and testing programme, which may subject any sportsperson to dope testing at short notice, or without notice, both in and out of competition;

e.       to encourage the South African national sports federations and other sports organisations to adopt uniform independent internationally acceptable sample collection and testing procedures;

f.         to encourage the development and maintenance of a sport drug testing laboratory or laboratories accredited by the International Olympic Committee; and

g.       to promote and encourage the adoption of uniform sample collection and testing procedures, and education programmes relating to doping in sport internationally.

  1. The institute shall operate in close conjunction with SISA.

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Powers and duties of Institute

  1. (1) The Institute may-

a.       enter into contracts for or in connection with the performance of its functions and the attainment of its objects;

b.       acquire. hold and dispose of movable and immovable property;

c.       occupy, use and control any land or building owned or held under lease by the Government and made available to the Institute for its purposes;

d.       appoint agents and attorneys;

e.       appoint persons to perform services for the Institute;

f.         accept gifts, grants and bequests given or made to the Institute, and act as trustee in respect of money or other property vested in the Institute in trust;

g.       develop, maintain, distribute and publish information on procedures for, and developments concerning, the collection and testing of samples; and

h.       do anything else which is necessary for the attainment of the objects of the Institute.

  1. The Institute shall

a.       draw up and maintain a list of prohibited substances and practices complementing the "List of Doping Classes and Methods", published annually by the International Olympic Committee and other relevant Sporting Federations;

b.       establish and maintain a Register of Notifiable Events;

c.       notify relevant persons and organisations of entries into the Register of Notifiable Events;

d.       disseminate information relating to the penalties likely to be imposed if sportspersons test positive for doping, or if they fail to comply with requests to provide samples for testing;

e.       select sportspersons who are to be requested to provide samples for testing;

f.         collect samples from sportspersons in accordance with approved guidelines, and secure the safe and tamper-free transit of samples to IOC-accredited laboratories for testing;

g.       develop and implement educational programmes to discourage the practice of doping in sport;

h.       consult with, assist, co-operate with and provide information to governmental and non-governmental organisations and other persons within South Africa and internationally;

i.         take steps aimed at ensuring that South Africa complies with international agreements and other arrangements concerning the use of drugs and doping in sport, to which South Africa is a party;

j.         undertake research, co-ordinate and arrange for research to be undertaken in the field of performance-enhancing drugs and doping practices in sport; and

k.       encourage the pursuit of optimal sports performances in an environment free from the use of drugs.

  1. Any failure of any Federation to co-operate with the Institute shall be reported to the Minister, who will address the issue with the relevant macro sporting organisations.

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Preparation of strategic plans

  1. (1) The Institute shall prepare in writing for each successive period determined in accordance with subsection (2), a strategic plan setting out the manner in which the functions of the Institute are intended to be performed during that period, and shall implement such plan.

2.       The first strategic plan shall encompass the plan as approved by the Institute immediately after the commencement of this Act, and shall be developed so as to relate to a period of four years commencing on a date falling within the period twelve months commencing immediately after the promulgation of this Act, and each subsequent strategic plan shall be determined to relate to the period of four years commencing immediately after the end of the period to which the immediately preceding strategic plan related.

Approval and commencement of strategic plans

  1. A strategic plan prepared in accordance with section 12 shall be submitted to the Minister for approval not less than three months, or such lesser period as the Minister, in special circumstances, may allow, before the commencement of the period to which the plan relates, and shall come into force-

a.       on the day on which it is approved by the Minister; or

b.       at the commencement of the period to which it relates, whichever is the later.

Variation of strategic plans

  1. (1) The Institute shall from time to time during the period in respect of which a strategic plan prepared in accordance with section 12 is in force, consider whether or not a variation of the strategic plan is necessary.

2.       If the Institute considers that a variation of a strategic plan is necessary, the Institute may, with the approval of the Minister, vary the strategic plan.

3.       If a variation of a strategic plan is approved by the Minister, the plan as so varied shall continue in force on and after the date on which the variation was so approved as if the plan had originally been approved by the Minister as so varied.

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Annual operational plans

  1. (1) The Institute shall develop and prepare in writing in respect of each financial year which ends after the commencement of this Act, operational plans setting out-

a.       the programmes which the Institute proposes to follow; and

b.       the resources which the Institute proposes to allocate to each such programme, during that year in order to give effect to the strategic plan which then applies.

  1. If the Minister is of the opinion that an operational plan in respect of a financial year is inconsistent with the applicable strategic plan, the Minister may, in writing, request the Institute to revise the operational plan.
  2. The Institute shall revise an operational plan if the Minister so requests.
  3. An operational plan, or a revised operational plan-

a.       shall be submitted to the Minister as soon as is practicable; and

b.       shall come into force when it is approved in writing by the Minister.

Institute to comply with plans

  1. The Institute shall perform its functions and exercise its powers in a manner which is consistent with and is designed to give effect to any strategic plan and operational plan in force at that time.

Appeals to Appeal Board and resolution of disputes

  1. (1) (a) There is hereby established a board which shall be known as the Institute Appeal Board, and which shall consist of a panel of not fewer than 10 persons possessing special knowledge and expertise of the subject matter, from which at least three members shall be appointed by the Minister on the recommendation of the Institute to constitute a hearing to hear and decide upon a dispute: Provided that at least one member so appointed by the Minister shall have a legal background.

b.       Before an appeal may be lodged, an amount of one thousand rend shall be deposited by the appellant with the Appeal Board, which amount shall be refundable in full only after the Appeal Board has reached a verdict in favour of the appellant: Provided that the said deposit shall be forfeited by the appellant in the event of the appeal being unsuccessful.

c.       The Appeal Board may with a view to the personal circumstances of a prospective appellant waive the requirement of a deposit referred to in paragraph (b).

a.       The Appeal Board may hear and decide on any dispute relating to drug-taking or doping in sport.

b.       The Appeal Board may confirm or set aside any sanction imposed by a sporting body in respect of drug-taking or doping, and may in the place of any sanction so set aside, impose any sanction which in its opinion should and could lawfully have been imposed.

  1. A member of the Appeal Board shall, subject to such member's right to resign on one month's written notice, remain a member for such period as the Minister may determine at the time of the member's appointment.
  2. A member of the Appeal Board shall be eligible for reappointment.
  3. The procedure to be followed in connection with appeals to the Appeal Board shall be determined by the Board in consultation with the Minister, and every party to an appeal, including the Institute, shall be entitled to be represented by a person of his or her own choice.
  4. The sanctions which may be imposed on persons guilty of taking drugs shall be in accordance with the penalties laid down in the constitutions of the respective sports federations.

Short title

  1. This Act shall be called the South African Institute for Drug-Free Sport Act, 1997..