PRESENTATION
ON THE “NATIONAL SPORT AND RECREATION AMENDMENT BILL: 10 OCTOBER 2006
Introduction
·
As the ANC Youth League, we
are proud to be part of this work to amend the National Sport and Recreation
Act of 1998, in order for the new Act to express and reflect our common
conceptualization as a nation around the issues it seek to address.
·
Having been aware that the
institutional changes that have taken place in the sport arena primarily
necessitated this amendment process, we nonetheless wish to take this
opportunity to re-iterate what we have been saying over the years vis-à-vis
sports and recreation in South Africa.
·
While we are ware that the
Act cannot be the panacea of all the sports and recreation challenges, our
position is that we must ensure that whatever programme that the various
sporting bodies independently and democratically pursue are done with a view
that the ideals of the broader transformation agenda are met, amongst which is
to ensure non-sexism, non racism, while also ensuring that the maximum
participation of our people in sport and recreation is enabled.
Representativity and massification
·
It is common cause that the
economic inequalities effected by the decades of apartheid misrule have ensured
that the social well-being of our people reflects these racial inequalities.
·
Thus we particularly
applaud the specific insertion and therefore enactment in the Act the
principles of representativity across the population groups to address the
scourge of racial inequality, gender inequality as well as the divide between
urban and rural areas through the massification of participation in sport and
recreation.
·
As the ANC Youth League, we
will ensure that we continue to lobby the various sporting bodies to effect
programmes that would reflect these ideals as would be enacted through this
bill as in due course it would become the new Act.
Language of the Bill
·
We must state that some of
the challenges and problems we have confronted in effecting transformation in
the arena of Sport and recreation has been the balance between the autonomy or
independence of the sport and recreation bodies that runs the various sports
and recreation activities, vis-à-vis the cohesion to ensure that we meet
national developmental goals.
·
It is a known fact that for
instance, intervention in the sport of soccer could be limited by the stringent
FIFA rules pertaining the autonomy of national soccer association from
governments. We have seen how certain countries have been reprimanded by FIFA
for interfering in the national soccer associations.
·
This, we could assume,
informed the modality of the language used in crafting the envisaged
intervention by SASCOC as the umbrella sports and recreation body in South
Africa.
·
We were particularly not
happy with the use in many instances of the word “may” when referring to the
probable intervention by SASCOC or the Minister to ensure compliance by
national sport and recreation bodies with national developmental goals. The
benefit of the doubt was thus it could be that the drafters of the Bill had in
mind the internationally required autonomy of the said sport and recreation
bodies as in the case of soccer as we have referred.
·
However, we believe there
in most instances where the word “may” has been used, it must be replaced with
the word “must”, to reflect the inevitability of interventions to effect
transformation.
·
We have no doubt that there
are still those who believe that certain sports are reserved for a certain race
or gender or geographic location, and such beliefs are inconsistent with our
developmental agenda of inclusivity without in iota of prejudice to any person
however that person is perceived or defined.
·
For instance, the new
amended clause 6 (a) (1) is intended to read thus: “The Minister may, after
consideration of proposals made by SASCOC from time to time, determine the
general policy to be pursued with regard to sport and recreation”.
·
Clearly this is an example
wherein the word “may” must be replaced with the word “must”, with the effect
to give the Minister an unequivocal obligation to set out this anticipated
policy paradigm, but also to dispel the notion amongst those resisting change
that this is not an option but an inevitable agenda that would be pursued in
sport and recreation in South Africa.
·
Thus the autonomy or
independence of the sport and recreation bodies to democratically express their
creativity without hindrance must itself not be a barrier and neither should
our adherence to international standards, norms and obligations be similarly a
barrier towards effecting transformation in sport and recreation.
·
It is for this reason that
we propose that where the modality inherent in the word “may” as used in the
bill, all such words, wherein it refers to an obligation to intervene or effect
transformation, those must be replaced with the unequivocal word “must”.
·
In order to allay any fears
that this bill would introduce draconian laws inconsistent with internationals
standards, norms, practices and obligations by both our country and the
relevant national sport and recreation bodies, we must seriously consider a
clause that specifically stipulates that all this bill and all the proposals
therein, would be subject to such obligations, where these are stated
unequivocally.
·
Another clause
unequivocally encouraging national bodies to independently and democratically,
through the organs of their respective constituencies, arrive at own
developmental programmes must be stated to allay the fears that the Minister
and SASCO would make interventions without the feelings and views of the people
directly affected in the running and benefit of the various sports and
recreation.
Conclusion
·
As the ANC Youth League, we
will continue to encourage national reconciliation in the differences and
disparities in the access of opportunities through national consensus, but we
believe the Act must be the benchmark so that when consensus fail, the Act
unequivocally stipulates how things must be done to effect transformation
legally speaking.
·
Once again, we thank you
for affording us this opportunity to express our views.
Presented by Fikile Mbalula on behalf of the ANC
Youth League.