South African Institute for Drug-Free Sport Amendment Bill: Public Participation Report

Meeting report

Report On the Public Participation Process: South African Institute for Drug-Free Sport (SAIDS) Amendment Bill [B43-2023]

Ms Fiona Clayton, Committee Researcher, briefed the Committee on the Report on the public participation process.

The Report contained the history and the background of the South African Institute for Drug-Free Sport Amendment Bill.

The reason for amending this legislation goes back to October 2022 when the World Anti-Doping Agency (WADA) identified several positions in the Amendment Act of 2006 that were not compliant with the WADA code which made WADA issue a corrective action report. Should these non-compliant areas not be addressed, there will be consequences for South Africa, including not being able to raise the national flag or fly it at sporting events, or not being eligible for WADA funding.

In response, the South African Institute for Drug-Free Sport (SAIDS) Amendment Bill was drafted with proposed amendments to certain sections of the legislation. On 23 November 2023, the Minister published a notice of intention to introduce the Amendment Bill to Parliament. The following day, the Bill was introduced to Parliament and referred to the Committee.

The public participation process on the SAIDS Amendment Bill was opened on 22 February 2024. The deadline for submissions was set for 14 March.

Advertisements were placed in various South African newspapers representative of South Africa's official languages. These advertisements totalled about R121 274.18.

The Committee had also directly invited stakeholders from the sporting environment to comment on the Bill.

Eleven oral submissions were received. Five non-substantive submissions that indicated support for the Bill were also received.

The stakeholders who had responded with submissions were: Athletics South Africa, Body Building South Africa, Boxing South Africa, the Culture, Arts, Tourism, Hospitality and Sports Sector Training Authority, the Eastern Cape Academy of Sport, the Free State Academy of Sport, Love Life Trust, National Treasury, the South African Institute for Drug-Free Sport, the South African Rugby Union as well as the South African Sports Confederation and Olympic Committee.

The five entities who had made non-substantive submissions and expressed support for the Bill were the Kwazulu-Natal Academy of Sport, the South African National Boxing Organisation, the South African Sport Association for the Physically Disabled, The Sports Trust as well as University Sports South Africa.

The bulk of the submissions related to Clause 6 on appeals to the Appeals Board.

None of the submissions received opposed the amendments.

Discussion

Ms R Adams (ANC) said that she had no clarity-seeking questions. She expressed appreciation to all the entities that had participated in the public participation process. “It is a really good document. We trust that it will go through the final hurdle and be approved by the National Assembly, she added.

Ms V van Dyk (DA) said the Democratic Alliance appreciated the hard work that had gone into the Report. Her party had no objection to the Bill as it was technical in nature. Her objection was to the Report only being shared before the meeting convened. She said she can only share the Report with the DA caucus on 14 March 2024. She once again thanked all those who contributed and were involved.

The Chairperson replied that the Committee would only note the Report as she also required a mandate from her political party.

Ms Zoleka Kula, Committee Secretary, informed Members that the Motion of Desirability would only be adopted next week.

Legal aspects of the public participation process

Adv. Aadielah Arnold, Parliamentary Legal Advisor, said that public participation rested on the principle of “reasonableness”. This required that the rules, nature and importance of the public participation process be considered.

The Mogale judgement stated that the importance of public participation in South Africa should not be understated. Affected persons should be afforded the opportunity to meaningfully participate in legislative processes. Public participation acted as a safeguard to prevent the interests of the marginalised being ignored or misrepresented.

She further stated that the SAIDS A/Bill was introduced on 24 November 2024 and the Department briefed the Committee on 5 December 2024. The advertisement that called for public participation was placed on 24 February 2024 and closed on 14 March 2024. Stakeholders presented on 20,21,22,23 and 27 February as well as 5 & 11 March 2024.

All stakeholders in the main had agreed with the proposed amendments.

The legal opinion was that sufficient time had been allowed for inputs on the Bill.

Discussion

The Chairperson thanked Adv. Arnold for the presentation. She said that it was a very important exercise as it reflected the work conducted. The Motion of Desirability would only be adopted next week.

Mr D Joseph (DA) also thanked Adv. Arnold for the brief presentation. From the presentation, he gathered that WADA had submitted a corrective action plan to South Africa. On this, the Advocate had noted that technical amendments were still necessary. He wanted to ascertain whether Members would receive these amendments well in advance.

Ms Adams said that she was confused as the agenda stipulated that Members had to deliberate and adopt the public participation process report, yet the Chairperson had called for the Report to be noted.

Ms V Malomane (ANC) said that she understood the Chairperson to say that Members should note the Report for today whereas it would be adopted next week.

Ms Malomane requested that the technical amendments be shared with Members well in advance.

The Chairperson echoed Ms Malomane's comments. She asked that the Report be noted as the Motion would be passed next week.

Adv. Arnold said that she had referred to the A-List. The A-List was used to effect amendments. Through this, the B-Bill would be produced.

She had worked behind the scenes on the A-List. Deliberations would be conducted on 14 March 2024, and if there were any further changes, they could be captured on the A-List. This would be presented to the Committee on Friday, 15 March 2024.

The Chairperson thanked the Advocate for the response. The meeting on 14 March 2024 was set to go through the Bill clause by clause. All other proposals would then be included in the A-List.

The Chairperson asked whether Mr Joseph was satisfied with the response. She wanted Members to ask their questions as this was “their Bill".

Mr Joseph said that he was satisfied with the response by Adv. Arnold.

The Chairperson thanked everyone for their attendance and adjourned the meeting.