ANC YOUTH LEAGUE

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.