National Sport & Recreation Amendment Bill [B17-2006] deliberations; briefing on Soccer Coach Ndaye Mulamba
SPORT AND RECREATION
PORTFOLIO COMMITTEE
18 October 2006
NATIONAL SPORT AND
RECREATION AMENDMENT BILL [B 17-2006] DELIBERATIONS; BRIEFING ON SOCCER COACH
NDAYE MULAMBA
Chairperson: Mr B Komphela (ANC)
Documents handed out:
Submission of Cricket
South Africa in Regard to National Sport and Recreation Amendment Bill
Brief Profile of Ndaye “(Mutimila” “Volvo” “Mustang”) Mulamba (Striker)
Additional Inputs:
National Sport and Recreation Amendment Bill (submitted by Disability Sport
South Africa (DISSA)
SUMMARY
The Committee continued its deliberations on submissions from sporting bodies. Further points from the submission of Cricket South
Africa were discussed. As a private body, it had no connection to the state and
was subject to private law. Disputes should be dealt with by neither the
Minister nor the Sports Confederation and Olympic Committee (SASCOC), but
should be referred to a panel of experts. Members disputed these opinions as
cricket represented the country and was thus in the public domain.
Transformation was still lacking in their ranks.
The submission from Disability Sport South Africa had cleared up some incorrect
statements in the Amendment Bill about the responsibilities of SASCOC as
opposed to the Department of Sport and Recreation in terms of training,
facilities, mass participation and funding for development. The necessary
amendments had been made to the Bill.
The submission by the SA Rugby Union had also pointed out incorrect references
to the responsibilities of SASCOC and the Department. This raised a lengthy
discussion on the removal of references to the defunct Sports Council in the
principal Act and the Amendment Bill. Another major point was the perceived
breach of the right to freedom of association. Members agreed that it would be
unconstitutional to enforce membership of SASCOC, and further discussed the
position of federations who did not voluntarily join the body, and the
consequences of such a decision. They also considered what government’s
relationship should be to SASCOC. Members felt that further political
discussions were needed before deliberations on the Amendment Bill could be
completed. The intention was to put nation-building issues in place. The
Minister’s position must be strengthened so that proper transformation of teams
was enforced. The A/B was the last resort to correct the position, and needed
to be pushed. Its main objective was to change the character of sport. Lawyers
needed to deal with the legal issues and could clean up the proposals.
The Committee was briefed on the position of Ndaye Mulamba, a refugee from the
Democratic Republic of the Congo, who was currently coaching in Cape Town. Two
NGOs requested support from Parliament that persons of this calibre could be
properly recognised, and their value to the community acknowledged. The
Chairperson agreed to make arrangements for Mr Mulamba to meet with FIFA
officials.
MINUTES
The Chairperson welcomed members and
supported the suggestion made by Mr Dhlamini the previous day that the
Committee should take the National Sport and Recreation Amendment Bill (A/B) to
ordinary provincial and regional federations. There was no rush to complete
deliberations on the A/B. He would see how practical such a programme would be.
Deliberation of submission by Cricket South Africa (CSA)
Adv Gideon Boshoff (Legal Advisor, Department of Sport and Recreation (SRSA))
referred the Committee to the part of the Cricket South Africa (CSA) submission
that dealt with the hearings into the Hansie Cronje corruption allegations, and
in particular the rulings made by Judge King. The United Cricket Board of
South Africa (UCBSA) considered itself a private body with no connection to the
state. It originated from a contract and not a statute, and its powers were
defined in this contract. Its functions and funding were private, and the UCBSA
was therefore subject to private law. It said that the Minister could make
substantial intervention in terms of the common law. Adv Boshoff said this was
how the UCBSA had interpreted the court judgement. SRSA agreed with the
response that it stemmed from a private contract and should be subject to private
and common law. However, this did not mean that the Minister could not
intervene in its affairs, as this intervention would be done in a public way.
He commented that there was some truth in the statement of the UCBSA, but the
Minister had responsibilities on a parallel basis. The functions of UCBSA and
the Minister should enhance one another. He pointed out that the Cronje
allegations had resulted in a Commission of Inquiry which had been endorsed by
President Mbeki.
The Chairperson said that there should be an explanation of the court ruling,
not an interpretation of the judgment. He asked the Committee if they could
accept the CSA proposal.
Mr M Dikgacwi (ANC) found it a pity that CSA was not present to engage the
Committee. He was not sure how the Committee should deal with its submission.
Mr T Louw (ANC) deduced that the UCBSA was saying that it was a private entity,
and that government and the Minister had no right to interfere in its affairs.
It believed this was in line with the court ruling. However, the players
represented the country and were answerable to government and the nation. He
did not agree that the Minister could not intervene. The UCBSA used the flag as
a national federation and were therefore a public entity.
Mr E Saloojee (ANC) said that for years after the transformation in the country
the UCBSA and CSA had sent players overseas to represent the country. Players
had represented South Africa even during the apartheid days. It was difficult
to understand the suggestion that government could not intervene at all. He
asked if some event had triggered this assertion.
Adv Boshoff said that the response of CSA was an attempt to leverage the
disqualification of intervention. It catered for certain alternatives. Private
law governed the domain of CSA, but they forgot that the Minister had the
overall power to manage Sport and Recreation in the country. The SA Rugby Union
(SARU) took the same position but had not raised the issue in their submission.
The merits of CSA’s arguments were flawed. Cricket was a national sport and
thus fell more in the public than the private domain. They had raised some
issues on which the judge had pronounced, but had reached a flawed conclusion.
He could therefore not agree with the assertions.
Mr Saloojee quoted the example of the dispute between the Free State and
Griqualand West provincial unions. They had come to Parliament to resolve the
dispute. If the units of CSA recognised the right of Parliament to mediate,
then this was a huge contradiction to the stance of the mother body. There were
serious racial problems in Gauteng, and it was difficult to understand the
behaviour. Parliament should hold CSA accountable.
Mr R Reed (ANC) felt that it was quite clear that federations like CSA wanted
no intervention. This suggested that they were hiding something. Either the
body was untransformed, or there was a serious problem in their ranks. Going to
the provinces was the correct call, as national federations ignored their
members on the ground.
The Chairperson referred to the comments from the UCBSA on page 11, section
13.3. CSA said they would welcome the opportunity to present orally in due
course. Two letters of invitation had been sent to them, but they had not
attended the public hearings. He did not understand some parts of the
submission. They had been invited, but were not present, and there was nothing
more to be said. The level of engagement was weak compared to that of SARU, who
had taken the opportunity to make an oral presentation.
Mr B Solo (ANC) supported the position of the Chairperson. He noted that the
UCBSA had not substantiated its position.
Adv Boshoff raised another point in the CSA submission. CSA had made an
alternate suggestion which was essentially that SASCOC should not deal with disputes,
nor should the Minister intervene. CSA suggested that the matter should rather
go to a panel of lawyers established for this purpose, with knowledge of sports
law. This was on the model of the international court of arbitration in sport
(CAS). However, Adv Boshoff said that this was a low level forum. SRSA could
not endorse this suggestion, and it was way out of line.
Mr Dikgacwi was confused by the submission. It quoted the case of the
suspension of the Hellenic Football Federation (HFF) by FIFA. This followed the
pattern of other submissions.
The Chairperson was concerned that incorrect perceptions were raised, and that
the facts had not been checked to substantiate the arguments. He felt strongly
that the Committee should not be misled. The Greek government had seen a
collapse in the governance of the sport. The extent of the intervention was a
problem. He was getting annoyed with this example being raised continuously.
The rule of law should be respected. He pointed out that even if a sporting federation
was a private entity, it would not give it the right to break the law, for
instance by selling drugs or defrauding SA Revenue. It seemed that CSA would
not accept anyone telling them how to do business.
Mr Louw said that the members of the Committee were politicians and not
lawyers. This was a political Bill. If CSA wanted to discuss the technical and
legal matters it raised, then it should have come to the Committee to discuss
them. He proposed that the submission should be shelved until such time as CSA
had met with the Committee.
The Chairperson said that the report would capture the Committee’s views on the
non-attendance of CSA. In the case of the HFF, there was no substantial
evidence that they had been suspended by FIFA due to government intervention.
Anyone who tried to make this claim should produce empirical evidence.
Deliberations on submission by Disability Sport South Africa
Adv Boshoff then turned to the submission by Disability Sport South Africa
(DISSA), which was a one page emailed document. It made four points. The first
referred to Section 7 of the A/B (Clause 8 of the principal Act), under which
SASCOC was given the responsibility for education and training for high
performance. This was incorporated into the A/B and led to some duplication. Mr
Boshoff stated that the training of sports leaders for the high performance
aspect would remain a SASCOC responsibility, and reference to recreation would
be deleted in a new Section 7.1. A new Section 7.2 would be inserted in which
SRSA would take responsibility for general training regarding sports and
recreation. The DISSA concerns had therefore been accommodated, while the crux
of the section remained more or less the same.
The Chairperson said that the submission had referred to Section 7. Where it
was proposed that SASCOC was responsible for education and training, it must be
made clear that this was in relation to the high performance component. DISSA
had argued that education and training was a government responsibility where this
related to mass participation. Federations were best placed to conduct training
in sport-specific areas based on their expertise.
Adv B Lufundo (State Law Advisor) confirmed that the performance of functions
by SASCOC only related to the high performance component. The reference to
recreation had been removed. Education and training were listed as government
responsibilities in regard to mass participation.
The Chairperson said that this could not be an area of people wanting money as
it would undermine development.
Adv Boshoff raised the second concern of DISSA. The proposal in Clause 8
(Section 9 of the Act) which said that SASCOC was responsible for facilities
flew in the face of local government’s responsibilities and the Municipal
Infrastructure Grant (MIG). He said this was correct, and the A/B had been
amended.
The Chairperson asked what the responsibilities of MIG were. 244 facilities had
not been built in 2006. This was the second year running that things had not
gone to plan. There was some evidence of MIG driving school facilities, but the
MIG must be shown to be working. Sport was being pushed at one level, but there
was a stalemate situation at another.
Adv Boshoff raised Ms Burchell’s third proposal. In Clause 9 (Section 10 of the
Act), SRSA should have the responsibility of mass participation. There was some
confusion between the roles of SRSA and SASCOC. He said this was correct too,
as mass participation was a SRSA responsibility. The A/B had been amended.
The fourth proposal contained an incorrect reference, and should have referred
to Clause 10 of the A/B (Section 11 of the Act). This mentioned SASCOC in
relation to funding for development, whereas this should be an SRSA
responsibility. This had been amended.
The Chairperson said that the DISSA input had been valuable and he was happy
with the amendments that had been made.
Deliberations on submissions by the South African Rugby Union
Adv Boshoff then turned to the comments made by SARU. He summarised the four
main points for the Committee’s consideration. Like DISSA, similar proposals
had been tabled for substitution of SRSA and local government for SASCOC in
providing funds for basic facilities. This section had been amended. The
proposal had been accepted, and reference to SASCOC in this area would be
removed.
Clause 8 contained a similar proposal which was similarly noted by DISSA. This
had been amended.
SARU had put forward a proposal relating to Clause 8 of the A/B. The original
wording was that SASCOC would provide funds in accordance with current
policies. This should be SRSA’s responsibility. Likewise, it was not SASCOC’s
role to plan facilities but SRSA’s. He agreed with this proposal.
The Chairperson noted the references to the Sports Commission (SC). He asked if
Adv Boshoff and Adv Lufundo had taken part in the drafting of the amendment.
There were many references to the SC in the A/B even though it had been
repealed.
Adv Boshoff said that he had written the original draft of the A/B.
Adv Lufuno said that this was being amended. There was the Sports Commission
Act, which had subsequently been repealed. References to the SC would be
substituted by references to SASCOC.
The Chairperson said that this A/B did not amend the entire principal Act. Only
a section would be changed. This would not repeal the Act where the SC was
mentioned.
Adv Boshoff said that the Sports Commission Repeal Act had repealed the South
African Sports Commission Act.
The Chairperson said that in the original National Sports and Recreation Act,
Act 109, there were references throughout the Act to the SC. The A/B only dealt
with a section of the Act.
Adv Boshoff agreed that there were still references to the SC and that
amendments were needed.
The Chairperson said there should not have to be any consequential amendments.
The repeal should have removed all references to the SC, as the principal Act
still made reference to something that no longer existed.
Mr Solo understood that there would still references to the SC. He suggested
that the A/B should have include a provision that any references to the SC
should be interpreted as meaning SACOC. Substantive subsequent amendments might
be needed to sort this out. The Sports Commission Act had been repealed, and
the link no longer existed.
Mr A Mlangeni (ANC) said that these references should have been removed long
ago. There was nothing to replace the SC but its functions had passed to
SASCOC.
Mr Dikgacwi said this was caused by SASCOC not being able to substitute for the
SC, as it had not been created by an Act of Parliament.
Mr Greg Fredericks (Chief Director, SRSA) said that the two Acts had been
passed at approximately the same time. The Sports Commission Act had been
repealed in full, while the National Sports and Recreation Act was being
amended. References to the SC were being corrected.
The Chairperson asked why there were still references to the SC in the A/B.
Mr Fredericks said that these should have been amended when the Sports
Commission Act had been repealed.
The Chairperson said this was being explained now. He asked if all the
references would be deleted.
Mr Fredericks said that this was the case. The priority at the time had been to
close the SC. The A/B would serve two purposes, firstly to delete any remaining
references to the SC and secondly to grant powers to the Minister.
Mr Mlangeni asked if the National Sports and Recreation Act was still in place.
Mr Fredericks replied that this was the principal Act.
Mr Solo said it was a simple matter. In the long title there was a reference to
the SC. Portions of the principal Act would be amended. In some sections there
were references to the SC. The proper way to deal with this would be in the
long title, with an explanation that matters referring to the SC should now
refer to SASCOC. The principal Act had to be tidied up.
The Chairperson said this needed to be done. Adv Boshoff was to investigate.
Ms M Ntuli (ANC) asked for clarity.
The Chairperson said that the Sports Commission Act had been repealed and not
the Sports and Recreation Act. This Act should have been repealed as well. The
intention now was to delete any references to the SC. The Committee would not
deal with any Bill that still referred to the SC.
Mr B Dhlamini (IFP) asked if there was any connection to the establishment of
the SC.
The Chairperson said this was a problem.
Adv Lufuno sketched the background. The intention was to remove any reference
to the SC. This had in fact been included in the long title. References to the
SC were in bold, which indicated that those words would be deleted from the
principal Act. References to SRSA in this context had been underlined, which
indicated that they would be written into the amended Act.
Mr Solo noted that he had misread the A/B title, which said it all.
The Chairperson said that the term SC would be substituted by SRSA or SASCOC as
appropriate.
Adv Boshoff provided some background as to why the principal Act had not been
amended at the time of the disbanding of the SC. SASCOC had been established
from the Minsterial Task Team process. SRSA had been unsure as to where SASCOC
would fit in. There was a lot of pressure at the time. SRSA had thought it
better to stagnate the process at the time. If the principal Act were to be
amended, they were unsure of what the roles of SASCOC and SRSA would have been.
Because of the time frames, it was felt better to leave the issue open-ended.
SASCOC’s involvement had come to the fore in time. It had made more sense to
defer the amendments.
Ms Ntuli was still concerned, pointing out that the third document was the A/B.
The Committee was trying to amend the principal Act. This is what they were
trying to amend.
Adv Boshoff referred to Clause 11 on page 5 of the SARU submission. SASCOC
should not be handling the funding, but SRSA should be doing this. SRSA must
apportion funds to development. This was a contentious point of
constitutionality.
Mr Solo asked why responsibilities were being taken from SRSA to SASCOC. He
mentioned an experience with the arts. Requests for funding had been passed to
the Arts Council, but they were not interested in small town problems.
Adv Boshoff stated that the next concern of SARU was the matter of freedom of
association. Membership of SASCOC was open to all who qualified. In the
principal Act it was specified that membership would not be granted to any
federation that practiced discrimination. However, membership was not
compulsory. When it had been mooted that compulsory membership would be
introduced there had been an outcry. On the basis of the opposing statements,
the matter had been referred to the State Law Advisors. They had produced a
28-page document, which expressed their opinion that federations could not be
forced to be members of SASCOC in terms of the Constitution. This led to the
current version of the A/B.
Adv Boshoff referred to clause 6. The section was repealed in toto. It was
unconstitutional in this format. He understood that there would be no
compulsory membership, and this was a matter for SASCOC’s constitution to
address. He had not looked at SASCOC’s constitution at the time that the A/B
was drafted. SARU argued that attention should be paid to this. This document
said that federations had to apply for membership at the General Assembly of
SASCOC. The A/B said that federations would become members of the body through
statutory means. The definition of SASCOC was that it was composed of, inter
alia, the sports federations. Subsequent reference to the Bill gave the
impression that federations would be compelled to become members of SASCOC. That
was the opinion provided three years previously.
He said that he had had a meeting with the Deputy Minister the previous day. He
agreed that the definition of SASCOC might create a problem. In this way the
A/B might be unconstitutional. It was imperative to redraft the SASCOC
constitution. There were two alternative solutions. The first was that that
section of the A/B could be rephrased. The second alternative, as suggested by
the Deputy Minster, was to keep the definition but to rephrase it on the lines
of “SASCOC may consist of voluntary constituent components”. This was a viable
option. The Deputy Minister had also indicated that Adv Boshoff should draft a
letter to SASCOC indicating that their constitution was unconstitutional. It
should be aligned with the freedom of association principles of the national
Constitution. The case had not yet been tested. In the meantime the Clause of
the A/B should be amended. The two proposals were therefore to amend the
definition of SASCOC by deleting the reference to its components, and the
Deputy Minister’s proposal to stress the voluntary nature of membership while
amending the SASCOC constitution accordingly.
Mr J Masango (DA) stated that his understanding of constitutional matters was
that an issue was either completely right or wrong, not in degrees. He asked if
SASCOC would still exist should no federations choose to be members.
Ms Ntuli said the issue of compulsory membership should be highlighted, as it
was not the case now.
Adv Boshoff agreed that in constitutional matters wrong was wrong. He would
look at what was to be amended. There should be a definition that only had a
bearing on federations. This would be a small amendment, whereas a small error
might necessitate severe changes further down the line. SASCOC membership might
dwindle, however SRSA would only recognise members of SASCOC as the sole
custodians of that code in the country.
Mr Fredericks said the members must not make too much of this issue. If a code
was not a member of SASCOC it would be denied participation in all major
international games. Opposition had only been recorded from two major codes.
Rugby had to be a member in order to send a sevens team to the Commonwealth
Games. Rugby and cricket had attended the latest SASCOC meeting and had voted.
There was a problem with the voting system. Codes who took part in the Olympic
Games, Commonwealth Games and other major events were rewarded with extra
votes.
He reminded the Committee that rugby had taken the late Minister Tshwete and
President Mandela to court. This was as a result of participation by the then
National Sports Council. The Committee should not spend too much time on this.
Use of the word “may” could spare possible constitutional challenges to the
legislation.
Mr Fredericks said that SRSA had the right to recognise federations that were
members of SASCOC only. There was no compulsion. When South African teams went
abroad, even if they were still voluntary organisations, the question was
whether they represented their organisation or the whole country. They used the
national flag, colours and symbols. A body was needed to preserve these
treasured symbols. The supporters represented the public.
Mr Reed was concerned about those federations who did not participate at the
Olympics and other events. There were many of these codes, but they still took
part in different forms of international competition. Often they would send
“white” teams. If federations were not members of SASCOC, he did not know how
the Minister could perform his oversight function.
Mr Louw deduced that there was a tinge of rejection of SASCOC. The major
federations would probably not accept the body. If rugby was not a member, then
this would be a serious problem. He suggested a separate meeting with the
dissenting bodies and SASCOC. The umbrella body was being rejected through the
back door.
Ms W Makgate (ANC) referred to questions raised earlier. If federations did not
recognise the mother body, it was a sign that they did not want intervention by
the Minister. If they were unhappy with SASCOC they would go straight to court.
Ms Ntuli concurred with Mr Fredericks. Federations could not be private bodies
at the expense of the country. Transformation was part of sport and there
should be controlling measures linked to the process. A controlling body was
needed to oversee the process. The Minister would not do this himself, but
would only intervene if the matter went beyond the competency of SASCOC. She
asked what this body lacked. There were not enough teeth to compel affiliation
to SASCOC. It had a role in the transformation of sport. A start had to be made
somewhere.
Mr Masango said that federations were saying that membership was optional, but
were still playing international sport. Nothing was happening.
Mr Louw said that membership could not be voluntary. It did not make sense
otherwise.
Adv Boshoff reiterated the words of Mr Fredericks. There were no other options.
The Chairperson said that this was a complicated matter. In comparing the SC to
SASCOC, he queried which body had teeth.
Adv Boshoff said that the SC had been a statutory body, and therefore a public
entity. It had been well controlled, and had enjoyed more powers than SASCOC.
SASCOC had maintained some of the SC’s functions, such as the service level
agreements. The SC had had more power. SASCOC was only concerned with the high
performance component. This had not been the case with the SC, which had served
a broader field.
Mr Fredericks said that the current reality was that no body, not even the
Minister, had teeth. It was the intention of the A/B to remedy this failing.
Currently, the Minister had responsibilities but no authority.
The Chairperson remarked that the Committee was grappling to enrich the Bill.
In the original text the Minister must intervene, but he wanted to know on
which issues. It had been a cumbersome exercise to reach this point. It was now
clear that the Minister had to have intervention rights, but not so clear when,
how and at what level they would apply. It seemed it would only apply to
disputes.
Mr Louw said there was some reaction to the observations.
The Chairperson said that the federations were going back to a state of
rebellion. The SC had controlled the major federations, and he asked if this
was right or wrong.
Mr Fredericks said that the big federations were unhappy. In the SASCOC
constitution, major codes like football, rugby and cricket had fewer votes than
codes like sailing and korfbal. Voting rights were not decided by the number of
players in each code but on their participation in international events.
Therefore the Olympic codes already had an advantage on others. Football was
not particularly involved at the Olympics as they only allowed Under 23 teams.
The big organisations were not represented on the SASCOC Board. At the last
election Mr Mkhize had been opposed by Mr Les Williams (korfbal) and had lost.
The demographic representivity of some codes was dubious. The big federations
felt that SASCOC was a waste of time.
The Chairperson said that this was the right impression. Questions had been
raised the previous day. The big federations had made submissions. They did not
mind joining SASCOC but were unhappy with the processes. Rugby wanted to be a
part of the body, but had issues. Mr Koos Basson had not disputed this. The
majority of sportspeople in the country were part of the big five. The SA
Football Association (SAFA) was also a member, but saw problems in the
organisation. SAFA said that they would consider withdrawing their membership
if the current situation were to prevail. Section 5 of the Act would have to be
repealed as there was a thin line of unconstitutionality. He proposed that the
A/B should not have the current definition of SASCOC. It should emphasise the
voluntary component instead. It would then be constitutional.
Mr Louw said that on the one hand membership of SASCOC was not forced. On the
other, non-members could not compete internationally in national colours. This
was a form of technical enforcement.
The Chairperson did not agree. If they were members then the bodies would be
recognised by SRSA. They would then enjoy the benefits of using national
symbols. If non-members did not apply to SASCOC then they would have no sign of
legitimacy.
Mr Mlangeni said that SASCOC must act as an umbrella body but was a
non-governmental organisation (NGO). He asked why the Committee should be
concerned with it in that case. It existed in terms of its own rules and
constitution. The body was there for the federations and for all those who would
like to join it. The legislation would now be dealing with an NGO. This
confused him.
Ms Ntuli was of the view that SASCOC was in the legislation. Government wanted
to transform sport. She suggested that all must be involved even if the
involvement was not perfect. She was concerned to avoid criticism of the
Committee. SASCOC was needed. Government needed to pronounce on how to ensure
the transformation of SASCOC. The concerns of the federations were serious.
The Committee should not set itself up to be accused of ignoring these
concerns. SASCOC could not be included in the legislation if it was not
operating at its best. SASCOC had to clean out its house.
Mr Dhlamini had proposed the previous day that a political discussion be held.
SASCOC had been born out of a political process but was suffering from a lack
of transformation. The only route had been to approach a task team, which had
recommended the formation of SASCOC. The idea was democratic, but the current
form of SASCOC was not the product as envisaged by the MTT. This was why they
were moving in circles. It was now merely another platform to frustrate
transformation. He felt that the submissions should be suspended and that
members should engage in a political discussion. Intervention should be limited
and be in terms of the Constitution. The submissions of the federations were
causing frustration.
Mr Fredericks said there had been some mistakes during the public hearings.
These arose from trying to replace a statutory body with an NGO. At most, government
should recognise SASCOC. Then it could look at the powers of the Minister. The
functions of SASCOC should be moved to SRSA. The powers of the SC should also
go to SRSA. The Act needed to be revised. Membership of SASCOC should not be
compulsory. This should not be confusing, and results could be achieved. The
Committee should craft what it wanted and then discuss this with the Minister.
Mr Louw said the Committee should focus more on politics than technical issues.
Members should go back to their parties and discuss the political requirements
of the A/B, and the parties should then make submissions. The legal people
could then review the situation.
The Chairperson said that the political questions which led to the A/B should
be discussed. The intention was to put nation-building issues in place. The
Minister could not be left as a pawn when lily white teams represented the
country. The federations were saying that the situation was incorrect. The
Committee had failed to correct what had happened twelve years ago. The A/B was
the last resort, and needed to be pushed. The complexion of sport had to be
changed. The main objective was to change the character of sport. Lawyers
needed to deal with the legal issues and could clean up the proposals.
Briefing on Ndaye Nulamba’s position
Ms Nzwaki Qeqe (Programme Manager, Catholic Welfare and Development (CWD))
introduced herself and Mr Jean-Jacques Somwe (Orientation and Integration
Officer, CWD). They ran a project for refugees, and had attended to address the
Committee about the problem of Ndaye Mulamba.
Mr Mulamba had arrived in South Africa in 1994 as a refugee. He was born in the
Democratic Republic of the Congo in 1950. He had become a professional
footballer and had eventually earned 44 international caps. He represented the
then Zaire at the 1974 World Cup. He was currently coaching in the Samora
Machel township in Cape Town. As an NGO, CWD needed support from Parliament to
identify persons like Mr Mulamba, so that they could continue to create history.
There were already 130 entries about Mr Mulamba on the internet. Some
acknowledgement was needed on the work that he was doing. South Africa was the
sports capital of the continent. He was regularly criticised for not being a
South African citizen as he was still classified as a refugee. It was wrong
that a person of this calibre was not properly recognised, as he was adding
value to the community.
The Chairperson said that he would make arrangements for Mr Mulamba to meet
with Mr Sepp Blatter of FIFA when he visited the country. He introduced MS Qeqe
to Mr Fredericks. Mr Mulamba was a legend of African football and an icon. He
had a contribution to make to South African sport.
The meeting was adjourned.
