Second 2010 FIFA World Cup South Africa Special Measures Bill [B16B-2006]

EDUCATION AND RECREATION SELECT COMMITTEE
21 August 2006
SECOND 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL MEASURES BILL [B16B-2006]

Chairperson: Mr B Tolo (ANC)

Documents handed out:
Second 2010 FIFA World Cup South Africa Special Measures Bill [B16-2006]
Eastern Cape, Free State & Gauteng negotiating mandate
Kwazulu-Natal, Limpopo, Mpumalanga & Western Cape negotiating mandate

SUMMARY
Members met to consider negotiating mandates from the provinces on the Second 2010 Fifa World Cup South Africa Special Measures Bill. Public hearings were held in the majority of provinces. Legislation had to be formulated to create a framework for the 2010 World Cup. Accredited medical personnel would be assigned to each team. The Bill allowed for the creation of designated areas in close proximity to sports facilities. Search and seizure provisions would be included in the Bill. Members raised concerns regarding the Fifa agreement with the various host cities. The restriction of business activities within a particular radius of the stadia was a point of contention. Accredited medical personnel should be able to assist members of opposing teams in an emergency.

MINUTES
The Chairperson stated that the Bill should have been passed by the end of July 2006. However, an extension from Fifa had been secured. The Bill would have to be passed by the end of August. Negotiating mandates had been obtained from the provinces. Public hearings had been held in certain provinces. The Department of Sport and Recreation’s legal advisor was asked to provide a brief overview of the key points of the Bill.

Mr G Boshoff (Department Legal Advisor) stated that the Department had been instructed by an agreement between Fifa and the South African Football Association to either make appropriate amendments or create new legislation to accommodate the upcoming Soccer World Cup in South Africa. Input had been received from the Department of Health and the Department of Trade and Industry in the formulation of legislation. The Bill contained various definitions creating a framework for the 2010 World Cup. Each team would be assigned accredited medical personnel. The World Cup would be declared a protected event in terms of marketing. Steps would be taken to prevent ambush marketing that would seek to undermine the sponsors and related business partners. Health service providers would have to be accredited by the Minister of Health. Fifa would have to apply in writing to the Minister of Health for accredited medical personnel to use certain medicines, scheduled substances and medical devices. Designated areas would be declared that only accredited persons could gain access to. Traffic free zones would be established in close proximity to stadia. Peace officers would have the right to search persons that entered designated areas and seize any undesirable items.

Mr P Ngcobo (KZN-MPL) referred to concerns raised by the Durban metro regarding the agreement to be entered into with Fifa pertaining to host cities. For example, uncertainty prevailed on the restriction of businesses within 200 metres of the stadia. Security issues would be the responsibility of the national government as opposed to the municipality.

Mr D Mkono (ANC-Eastern Cape) referred to an upcoming meeting involving the Local Organising Committee and the host cities at which such issues could be discussed.

The Chairperson stated that it would be difficult to incorporate new issues into the Bill at this juncture. The host cities had signed the agreements with Fifa some time ago. The restriction of business activities within a certain distance of the stadia would vary from stadium to stadium. For example, some stadiums would be surrounded by open space whereas others would have private property in close proximity.

Mr M Thetjeng (DA-Limpopo) sought clarity on the provision relating to construction of infrastructure and the protection of companies if the work was not completed on time.

Ms J Masilo (ANC-North-West) asked whether the accreditation regulations for medical personnel were adequate.

Mr L Mokoena (ANC-Limpopo) referred to the presence of accredited medical personnel at a match and asked why such individuals could not assist members of the opposing team in an emergency.

The Chairperson reminded members that each team had to be self-sufficient in terms of medical personnel.

Mr Boshoff stated that the Minister of Health would have to accredit personnel to one team only. A Brazilian doctor could not provide a service to another team in terms of the original accreditation agreement. However, an application in writing could be forwarded to the Minister of Health to ask for a replacement if the first doctor was unable to complete the tournament.

The Chairperson stated that the Bill sought to create a framework for the event that governed normal proceedings and emergencies were a separate issue.

Mr Boshoff pointed out that the provision of assistance by a doctor in an emergency could be problematic for the doctor concerned and could even result in the loss of accreditation. Doctors could be accused of conniving with opposing teams.

Mr Thetjeng referred to the concept of fair play as promoted by Fifa. Assistance in the case of an emergency should be allowed. All teams would have a professional support base but existing rules had to be overridden in the face of an emergency.

The Chairperson stated that the intention of the legislation was to ensure that each team had a doctor and other necessary personnel before the tournament began.

Mr Boshoff referred to the Rainbow Development Company that represented the private sector and that focused on the creation of infrastructure projects for the 2010 World Cup. A provision was needed to enable construction companies to reduce bureaucratic red tape in terms of normal regulations when projects had to be completed to a strict deadline. Written applications should be forwarded to the relevant Minister to waive the rules and allow for quicker permission for construction work to be granted in order to ensure that projects were completed on time.

The Chairperson read out the negotiating mandate of each province that had submitted mandates. The Eastern Cape supported the Bill but asked for the inclusion of regulations on the role of traditional healers. Public hearings had been well–attended. Gauteng, Kwazulu-Natal, Limpopo, Mpumalanga, Western Cape and the Free State all supported the Bill. No negotiating mandates were received from the North-West and the Northern Cape.

Mr Boshoff stated that each department conducted its own min/mec meetings thereby facilitating interaction with the various MECs. The main intention of the legislation was to ensure compliance with government guarantees. The Department of Health guarantee would have to make specific reference to traditional healers in order for such practitioners to be included. The Constitution would not allow a request for accreditation by a traditional healer to be refused.

Mr Mokoena declared that the Bill should recognise the role that traditional healers could play in the provision of health care.

The Chairperson stated that the bill would be debated in the House on Friday. Final mandates would be received from the provinces on Wednesday. Adequate public hearings on the Bill had transpired.

The meeting was adjourned.