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
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
Composition of Institute
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
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.
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Meetings of Institute
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
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
Expenditure, finances and accountability
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
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
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.
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Powers and duties of Institute
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.
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.
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Preparation of strategic plans
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
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
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
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.
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
Appeals to Appeal Board and resolution of disputes
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.
Short title