Chairperson, this is probably one of the most grilled Bills that this Parliament has had to deal with. The legislative drafting process relates to an incident that occurred on 11 April 2001 in Johannesburg at the Ellis Park Stadium, where 43 of our citizens died unnecessarily. That incident, of course, had its precursor in a similar incident at the Orkney Stadium, where another mass death of spectators was witnessed during a football game.
The Bill has, amongst other things, incorporated all the recommendations that Justice Ngoepe had proposed be implemented to prevent such a thing ever happening again in our country. Justice Ngoepe headed a commission which former President Mbeki appointed to investigate the causes of these sorts of tragedies, especially the one at Ellis Park. Justice Ngoepe also had to advise government on what had to be done to prevent such tragedies ever occurring again.
The Bill promotes and protects the physical wellbeing and safety of all persons attending sports and recreational events. It promotes the safety of their property at stadia and other venues in South Africa.
This Bill determines and maintains minimum safety and security standards at sports and recreational events and it further also promotes South Africa as a destination of choice for the hosting of international events.
Our country currently does not enjoy the benefit of a formal regulatory framework designed to protect the interests of, amongst others, the general public and other key stakeholders who are usually present at our stadia and other venues, and at events that our people use to entertain themselves. While South Africa has an admirable record in the preparation for and the delivery of safety and security at major events in our country, the challenge with which we are currently faced is that there is no consistent application of the safety and security regulations. The protocols that exist are simply not implementable; they are not justiciable. This Bill regulates important safety and security matters which are required to ensure that our country hosts incident-free events that South Africa is asked to host or that South Africa offers to host.
In essence, the streamlined Bill seeks to regulate the following key areas: the responsibilities of role-players; the risk-profiling of events; the establishment of an annual schedule of events to prevent the stretching of public sector security and emergency services resourcing; the safety certification and grading of venues, fixed and temporary structures; and integrated and timeous events safety and security planning, co-operation and co-ordination between all relevant stakeholders.
This Bill also seeks to regulate minimum safety and security measures and standards at public events as well as the management of ticketing controls and the timeous purchase and sale of tickets. It regulates the prevention of criminal offences and it regulates the protection of people against such criminal activities.
The Bill enjoyed a very extensive consultative editing process by the state law advisers and also by both the Portfolio Committee on Sport and Recreation and the erstwhile Portfolio Committee on Safety and Security.
Importantly, the Bill enjoys a wide range of support from, among other groups, the SA Police Service and the national, provincial and local government emergency services and disaster management departments countrywide.
Reservations have, of course, been expressed during the hearings. This is natural, because this Bill is very expensive for those who do not comply with its dictates. The organisers of these events want money out of them, so they want to delete from the Bill anything that threatens to diminish those incomes.
Indeed, the municipalities who own those facilities will incur huge liabilities in the event of an incident like the one at Ellis Park ever recurring and they want to avoid those liabilities. We think they must be prepared to incur liabilities when not complying with the regulations that protect the wellbeing and security of our people.
To avoid a prolonged discussion and negotiation around these issues, we have opted for a gradual implementation of the sections of this Bill. We don't want to shock everybody into running away from the table; we rather want to introduce this Bill on a gradual basis.
This Bill also defines the stakeholders from the state's side. It defines government's stakeholders as the Minister of Sport and Recreation, the Minister of Police, the National Commissioner of the SA Police Service and his or her authorised member - because the commissioner can be a "she" one day - event safety and security planning and, of course, local authorities.
We see this Bill as a very important piece of legislation which constitutes a very real attempt to introduce safety and security legislation that will go a long way. It by far supersedes anything that the world has seen in the five other countries that have similar Bills, countries like the United Kingdom, the Netherlands and so forth.
They fall far short compared to what we are asking the organisers to put in place. We are sure that all members of this House do not want a repeat of Ellis Park and Orkney. We are sure members of this House do not want to lose property during these games and for that reason we urge them not to hesitate to support this Bill. Thank you, sir. [Applause.]
Modula setulo, bomphato, le maloko a kgethehileng, e re ke qale ke tshwaele, ke bolele hore tshitsinyo ena ya molao eo re e etsang kajeno tjena re ile ra tsamaya nako e telele re ntse re utlwa maikutlo a batho hore na polokeho e mabaleng a dipapadi le tshireletso ya setjhaba na ke ntho ya bohlokwa na? Ntho ena e ile ya bonahala, Modula setulo, ka lebaka la dintlha tsena tseo letona a ileng a bua ka tsona. Ha re hopola hantle ka la 13 Pherekgong ka 1991, ho ile ha hlokahala batho ba 42 mane lebaleng la dipapadi le neng le bitswa Oppenheimer le mane Orkney, kajeno le tsejwa ka hore ke James Motlatsi.
Batho ba 180 ba ile ba lemala haholo mme ba robedi ba ile ba hlokahala hamoraonyana ba le sepetlele. Koduwa ena eo letona le buang ka yona ya Ellis Park e ileng ya hlaha mme hwa hlokahala batho ba 43, taba eno ha se taba e hlahellang feela kwano mona ho rona Aforika Borwa ke kobo anela mafatsheng a seng a ntse a hodile le mafatshe a thuthuhang a tshwanang le ana a rona.
Haeba le hopola hantle taba tsena tse tjena di ile tsa etsahala ka la 9 Motsheanong ka 2001 mane Ghana motseng wa Accra moo ho ileng haeba le koduwa, ha hlokahala batho ba 130 ka lebaka la koduwa eno; le Abidjan e ile ya etsahala taba eno. Maobanyana mona e ile ya ka ya etsahala taba ena ya hore ho be le ditsitsipano le dintwa ha re fihla mane Newlands. Ho ne ho ena le papadi mahareng a Kaizer Chiefs le Ajax, teng re ile ra bona batho ba tsumula ditulo ha se seng sa dihlopha se se se otla fatshe ka hlooho.
Ke moo re ileng ra bona batho ba se ba ntse ba ntsha ditulo moo mme thepa e senyeha ka tsela e jwalo. Empa ntho eo Kabinete e fetileng e ileng ya e etsa ke hore ba batle ho tseba hore na ekaba sesosa sa taba tsena tsa batho ba hlokahalang ba le bangata hakanakana moo ho nang le dipapadi teng le boithapollo ke sefe? Ka hoo Kabinete ya ntate Mbeki ya kopa hore e mong wa baahlodi ba tsebahalang e leng ntate Ngoepe ebe yena ya etellang khomishene ena pele.
Tseo a ileng a di fumana ntate Ngoepe ke tse ileng tsa etsa hore ho qetellwe ho etswa molao ona, ka hobane mane Ellis Park ho ne ho rekiswa ditekete, Letona. Ntho ya ho rekisa ditekete lebaleng la dipapadi ka letsatsi la papadi, ke e nngwe ya dintho tse ileng tsa fumanwa e le mathata moo, hobane ka monyakong ona batho ba a kena ha ka monyakong o mong ho rekiswa ditekete. Ebe ha sehlopha se seng se se se otla ntlha kapelenyana moo bana ba ntseng ba reka ditekete teng; ba se ba ntse ba sututsa ba bang ba bona ebe ho a rojwa moo hore ba kene e le ha ba tatetse ho kena ka hare ka mane ho bona hore na batho bao ba ketekang kahare sehlopha sa bona ke sefe se hlolang. Ntlha eo e ile ya fumanwa e le yona ya bohlokwa mme le Ellis Park e ile ya nna ya eba yona e ka sehloohong.
Molao ona o entsweng wa sehlongwathiswa sena o re, ho ke ke ha rekiswa ditekete ka letsatsi la dipapadi. Haeba ditekete di lokela ho rekiswa ka letsatsi la dipapadi di lokelwa ke ho rekiswa kilomitara e le nngwe hole le moo dipapadi di tshwaretsweng teng. Lebaka e le hore ha o qeta ho enka moo boholong boo ba kilomitara, o tsamaye nako e telele o le mong hore o tle o kgone ho kena lebaleng.
Re se ke ra kenya batho ka lehlakoreng lena ha ka mane batho ba ntse ba reka ditekete ho qetelle ho bile le tshubuhlellano eo ereng ha ntlha e kene ebe batho ba tloha moo ba kena ka lehlakoreng le leng. Ntlha eo re ile ra e tjhaela monwana yaba ho dumellanwa ka hore kilomitara ho tloha lebaleng e lokile. Ha o rekile tekete, 'tekete letsohong' o tla tsamaya kilomitara ha feela o rekile tekete ka letsatsi la papadi, empa ka ho otloloha ditekete di rekwe pele ho letsatsi la dipapadi.
Ha re fihla mane Ellis Park e nngwe ya ditshisinyo tse ileng tsa fumanwa ke moahlodi enwa ke hore, Letona la Dipapadi, ntate Makhenkhesi, ho na le mathata bakeng sa batho bana ba tlang dipapading, hobane ba bang ba batho bana ba emisa dikoloi tsena tsa bona feela kahara tsela moo e reng haeba ho na le mathata a hlahelang a koduwa ka hara lebala la papadi ebe eba dikoloi tsa mapolesa le dikoloi tsa thuso ya tshohanyetso ha di kgone ho kena kahara lebala. Batho bana ba nkile dikoloi tsena tsa bona tsa di 4x4 ba di emisitse kahara tsela mme ha ho moo batho ba ka tsamayang teng.
Taba eo e ile ya fihla moo e leng hore mapolesa a neng a thusa ho pholosa maphelo a batho ba lokela ke ho sebedisa serwalankgwana ho tloha Brixton. Ba fihle ba theolwe ka kgwele e ba leketlisang hore ba kgone ho ilo thusa batho ba kahare. Lebaka e le hobane le moo serwalankgwana se neng se lokela ho emisa teng batho ba ne ba emisitse dikoloi tsa bona teng; ke bolela moo helikoptara e emang teng ka Sesotho sena sa lona sa mona makgoweng, e bitswa serwalankgwana.
Ka hona, molao ona o re haeba batho ba emisitse kahara tsela, ebile ba emisitse moo ho lokelang ho ema dikoloi tsa tshohanyetso kapa serwalankgwana, re na le matla a ho nka dikoloi tseo tsa bona ka ho kopa mapolesa hore a di nke e le hore beng ba tsona ba tsebe ho lefa. Ha ho ka etsahala hore ho be le batho ba lahlehelwang ke maphelo a bona e le hobane batho ba sitisitse thuso ho kena kahare moo ho nang le koduwa teng.
Re a e kgothalletsa ebile re e bitsa "the shaver cloth". Ho na le mme e mong wa DA ya neng a bitswa Mme Shaver, o ne a kgothalletsa ka ho toba hore ho nkuwe mehato e matla kgahlano le batho bana ba iketsetsang boithatelo ba ho emisa ka ho kwala tsela hore maphelo a batho a se ke a kgona ho pholoswa.
Molawana ona o lokisa ditaba tseno tsa hore ho be le maemo a tsitsitseng ha re fihla dipapading. Le batho bana ba tshwanang le Piet Van Zyl. Ho na le monna e mong ha ho ne ho bapalwa dipapadi tsa rugby Kwazulu Natal, eo a ileng a tlolela feela kahara lebala a lelekisa molaola papadi a ba a mo roba letsoho.
Ke dintho tseo tse jwalo, mme ho lokela le hore ho thibelwe le batho bana bao e reng ha ba se ba nwele bona bo monate, ebe ba etsa ditaba tsena tse jwalo ka tseo. Batho bana bao ho thweng ke babohi bana ba hlanyang ebe ba kgona hore ba ka thijelwa hore ho hang feela ba se hlole ba dumellwa ho tla dipapading haeba ba kgona ho etsa ditaba tseo tse jwalo, hobane bona ha ba batle ho bapala ba tlisa feela ho tlo senya, ke bo masenya. Molao ona o bua le bona batho bana ba kang bo masenya ba jwalo.
Motsamaisi wa Dipuo, ho na le ntho e nngwe ya bohlokwa eo ho buuwang ka yona mona ya hore ha re le mane madulong a rona a dipapadi, re qhanollotse, ho na le jwala bo bongata bo nowang moo. Jwale molao ona ore haeba batho ba tlile dipapading, hobaneng le ba fa kgaeyane hakanakana hore ba qetelle ba sa kgone ho tsamaya? Ha ba eya hae ba kopana le sepolesa tseleng se ba emisa ebe ba hlahela eka ba fuwe jwala lebaleng la dipapadi.
Molao ona ore ho tla ba le tsela eo ka yona batho ba tlang ho dumellwa ho nwa dinomaphodi tsa bona ka yona. Metsotsong ya karolo ya kgefutso ho tla bulelwa dinomaphodi, mme ka mora moo ha dipapadi di fedile ha ho na dinomaphodi tse tla nwellwa moo.
Bana ba lakatsang hore ba phomosetswe ka dinomaphodi tsa mofuta o jwalo, ba tla palama dipalangwang tsa bona, ba ye hae mme ba se ke ba fumana dino tse jwalo dipapading moo e tla re ha ba le tseleng ya ho kgutlela hae ebe ba a tshwarwa; rona re re ba ne ba tswa dipapading. Ba ile ba fumana ntho ena e ba etsang hore ba se ke ba tsitsa maemong, hobane ba e nwele lebaleng la dipapadi. Molao ona o thibela dintho tse kang tseo.
Ntlha e nngwe ya bohlokwa eo molao ona o buang ka yona ke hore haeba batho ba na le mathata a dika tsohle tsa molawana ona o sisinngwang kajeno tjena, ho na le ntho e bitswang ka sejahlapi ka hore ke 'Appeal Board'. Re ile ra buisana ka 'Appeal Board' ena Letona, hore e lokela ho ba le ditho tse supileng mme ba bararo ba bona e tla bona bao Letona le tla ba kgetha ka bolona. Re kopile hore o nehele moo Letona hore ba bararo ba mpe ba tswe ho wena, Modulasetulo le Motlatsi wa Modulasetulo le a le mong ya nang le boiphihlelo bo mabapi le tseo o labalabelang ho di fumana sebakeng sa tseo o batlang hore di fumanehe ka di 'Appeal'.
Ntho e nngwe eo re ileng ra e theola, mongaka, ka molao ona, molao o re batho bana ba rona ba ithutileng molao, ba be le boiphihlelo 'experience' ya dilemo tse hlano, jwale re ile ra theola dilemo hobane rona mona mokgatlong wa ANC re etsa ntho ena ya hore re hlabolle re 'transform'. Re re empa motho enwa o ile sekolong dilemo tse ngata mme ke 'Advocate' jwale, ha a eya mono 'Appeal Board' lebaka ke lefe la hore a boele a etse dilemo tse hlano tsa tshebetso a qala le ho fihla a etswa sekolong a eso sebetse.
Ka tsela eo ra kopa hore a re theoleng dilemo re di ise fatshe ka lebaka la hore bana ba batshonyana ba rona ba tla kotelwa ke taba eno, kahona re kgone hore le bona ba kene ba ithute, ba be le boiphihlelo. E tle e re ka letsatsi le leng, le bona ba kgone ho fihlella maemo ao bao ba leng ho ona. Ka hona re ile ra e theola mongaka ra e isa dilemong tse pedi hore le bana ba rona ba tsebe ho fihlella moo. [Mahofi.]
Mongaka, ntho ya 'Public Liability Insurance', re ile ra kopa Monghadi Mac Kenzie wa DA hore a ke a ilo sheba hore na boleng bona ba 'Public Liability Insurance' bo bokae? Na batho bana ba llang hakanakana ka hore tjhelete e ngata, na ke tjhelete e kae? O ile a re etsetsa diphuputso tseno are tlela le dintlha, a fihla a re bontsha hore tjhe ha ho letho moo.
Haeba lebala la dipapadi le tletse batho ba 9 000, o patala dikete tse 10, empa maphelo a batho ka nako eo ho ka bang le tsitsipano le koduwa ho sebediswa tjhelete e fetang dikete tseo tse leshome tsa diranta. Re ile ra iphumana re tlamehile ho amohela hore 'Public Liability Insurance' ena jwalo kaha e le teng mane dikoloing tsa baeti le mona ho rona ha e be teng hore batho ba rona ba yang dipapading ba kgone hore ba ilo kgatholoha, e re haeba ho ena le ntho e etsahalang re se ke ra llela ho puso hore e ba shebe, hobane hangata ha batho ba lemetse dipapading batho bare mmuso o ba shebe. Ebe bahlophisi ba dipapadi tseo bona ba kentse tsohle tsa bona pokothong, ha mmuso ona o sala o shebane le koduwa ena, mmoho le mahlatsipa a yona.
Mongaka, re ile ra tshwanela hore re bue ka ditaba tsena tsa 'Religion', dikereke moruti jwalo kaha moruti e le motho wa kereke. Re ile ra fihlela taba ya hore hare fihla mane re sheba dintho tseo batho ba neng ba bua ka tsona mane FNB. Ho ile ha eba le moruti e mong ya ileng a fihla moo, eo ho thweng ha a ka o tshwara ka letsoho lena le halalelang o tla fola moruti wa ka. Yaba batho ba fihla ka bongata moo ba subuhlellana, hoseng ka hora ya bohlano kapa ya bone batho ba pele ba ile ba fihla moo hobane ba ne ba shebile letsoho lena le halalelang le reng, ha re ka le tshwara re tla fola. Batho ba bang ba ne ba e na le diabetic kapa tswekere empa ba ne ba eme moo ba lebelletse hore letsoho lena le halalelang ha le ka fihla ba le tshwara ba tla fola.
Mongaka, bothata ba taba eno ya dikereke ke hore ho ne ho se na metsi, ho se na dikoloi tsa bakudi. Ho se na dintho tseo e ka reng haeba batho bana ba ka hlahelwa ke bothata ba thuswe. Ba bang haesale ba fihla moo hoseng, ba lapile, ditswekere tsa bona di phahame, jwale re re tjhe re kopa tshwarelo moruti wa ka. Dikereke di tlamehile hore kannete di etse hore ho be le ditlhoko tsa motheo, ho be le metsi, le makoloi a bakudi haholoholo dikereke tsena tsa rona tsa Sione tse nkang dikete tsa batho ba yang Moria. Ho tlamehile hore ho be le metsi, ditsela tse hantle, ho be le moo batho ba tla kgona ho ithusa teng. Ha re ntse re tsamaya mona pela tsela re se ke ra itshirelletsa feela ka mora sefate. Ke tsona dintho tseo re buang ka tsona mona, moruti, ha rere re entse phetoho ho tsona hore kaofela ha rona re be setjhaba se lokolohileng.
Ka hoo ke batla ho leboha mekgatlo kaofela e neng e le teng moo. Ka ho qolleha mokgatlo wa DA, le wa Cope. Ha re sebetsa mmoho re ka etsa mosebetsi o makatsang. Banna bana ba mpa feela e le dingangele empa ba a tseba hore ha re sebetsa mmoho ho na le ntho eo re ka e etsang. Re sebeditse mmoho le bona mme ke ena ntho eo re e ntshitseng e ntle hakanakana eo le bona kajeno tjena ba tla kgona ho bua ka yona.
Ho ne ho e na le maqwetha bomme Mashefa moo. E hlile re ne re menamenana le bona empa re ile ra dumellana hore ntho ena e tla ba molemong wa setjhaba sa rona sa Aforika Borwa. Ka tsela e jwalo, Monghadi wa ka, ANC e tjhaela monwana tshisinyo ena ya molao. Ke lebohile. [Mahofi.] (Translation of Sesotho speech follows.)
[Mr B M KHOMPELA: Chairperson, colleagues, and special guests, let me indicate that regarding the proposal about the law that we are passing today, we went to great lengths in order to listen to people's feelings as to whether safety at the stadiums and national security is important. This became evident because of all these things that the Minister spoke about. If we recall correctly, on 13 January 1991, 42 people died at the stadium called Oppenheimer in Orkney, which is today known as James Motlatsi. One hundred and eighty people were badly injured and eight people died later at the hospital. The other disaster that the Minister is referring to is the one which happened at Ellis Park, where 43 people died. This kind of thing does not only happen in South Africa; it is an occurrence that affects the developed nations as well as the developing ones just like ours.
If you remember well this kind of thing also happened on 9 May 2001 in Ghana in the city of Accra, where disaster struck and 133 people died as a result; even in Abidjan it also happened. Not so long ago there were some tensions and clashes when we were at Newlands. There was a soccer match between Kaizer Chiefs and Ajax and we saw some people pulling out seats when one of the teams lost.
We saw people pulling out seats and destroying property. But what the previous Cabinet did was to try and find out what the real causes of people dying in large numbers at sporting events and other entertainment events were. Therefore Mr Mbeki's Cabinet asked that one of the well-known judges, who is Mr Ngoepe, be the one to head this commission of inquiry.
What Mr Ngoepe discovered led to the development of this legislation, because at Ellis Park tickets were sold at the stadium. The matter of selling tickets at the stadium on the day of the match was found to have been the cause, because at the one entrance people were being admitted into the stadium, while at the other entrance tickets were being sold. Therefore as soon as one of the teams scored a goal the ones who were queueing up to buy tickets would start pushing and breaking things so that they could get in to see which team had scored. This issue was found to be critical at Ellis Park and was found to be the leading cause.
The new legislation says no tickets may be sold on the day of the event. If tickets have to be sold they should be sold 1 kilometre away from the location of the event, the reason being that once you have bought your ticket about a kilometre away, you must walk some distance in order to get into the stadium. But generally, tickets must be bought a day before the sporting event.
We must not admit spectators into the stadium on one side while on the other they are busy buying tickets, which ends up causing a stampede when people rush in when a goal is scored. The agreement that was reached was that the distance of one kilometre away from the stadium is the right distance. When you have bought your ticket, you will walk a kilometre, ticket in hand, only if you have bought a ticket for the day's event.
When we got to Ellis Park one of the findings by the judge, Minister of Sport Rev Makhenkhesi, was that there was a problem of people parking their cars in the middle of the road, which made it difficult for police and emergency vehicles to get into the stadium. These people who own 4x4 vehicles parked them in the middle of the road and as such prohibited the movement of other people.
Things got to the point where the police had to use a helicopter from Brixton which had to carry them and drop them down by rope in order for them to be able to help the people inside the stadium. The reason for that was that the helicopter was supposed to sit on the helipad where those people parked their cars; I mean where the helicopter is supposed to be parked.
Therefore this legislation states that if people park in the middle of the road, and especially if they park in a place reserved for emergency vehicles or helicopters, we have the right to ask the police to impound such vehicles and their owners should pay a fine should there be people who lose their lives as a result of people causing obstruction to giving aid in a disaster situation.
We really encourage such action to be taken and we even call it "the Schfer clause". There used to be a lady from the Democratic Alliance who was called Mrs Schfer, and she used to advocate drastic measures to be taken against individuals who do as they please by blocking the way and thus hindering access to giving aid to save lives.
This legislation is trying to bring a friendly atmosphere at the stadiums, and to even discourage people such as Piet van Zyl - the man who jumped onto the field during a rugby match in KwaZulu-Natal, chased the referee and broke his arm.
Such things must be discouraged, as well as people who engage in such behaviour when drunk. The so-called crazy spectators should be totally banned from attending sporting events if they are capable of such behaviour because they are not there to enjoy themselves, but they are there to spoil the fun. They are killjoys. This legislation speaks to such killjoys.
Chairperson, there's an important issue that has been mentioned about the fact that when people are in the suite section of the stadium and enjoying themselves there is a lot of alcohol that is consumed. Therefore this legislation says that if they are attending a sporting event why then are they given so much alcohol that they end up being unable to walk? When they go home and they come across the police who stop them they say that they were given alcohol at the stadium.
This legislation states that there will be a system by which spectators will be allowed to have their drinks. During the interval drinks will be served and when the match is over there will be no drinks that will be served there.
Those who want alcohol will have to get into their cars and go home and will not be given any drinks at the match so that they are not arrested on their way home, where they will say they are from the match and were given something that made them unstable because they drank too much. This legislation is trying to avoid such things.
Another important issue that this legislation is addressing is that if people have problems with any sections of this legislation that is passed today, there is something called the appeal board. We spoke about the appeal board, Minister, and that it should have four members and three of them will be chosen by the Minister himself. We have proposed, Minister, that the three should come from you; the chairperson and deputy chairperson and one other person who has the relevant experience in accordance with what you want to be achieved in relation to the appeal board.
One other thing that we found, sir, about this legislation is that it says that our people who have studied law should have five years', experience. However, we reduced the number of years because we in the ANC are applying what is called transformation. We say that this person studied for many years and is now an advocate, why is it then that when he becomes a member of the appeal board he is expected to have five years' experience when he has just graduated and has not even started working?
In that regard we proposed that we reduce the number of years so that black graduates would not be denied the opportunity by that requirement for them to come in and learn and get experience. This is so that one day they can reach the same levels as the others. Therefore, we reduced the number of years to two years in order that our children would be able to reach that level. [Applause.]
Sir, in relation to the issue of public liability insurance we asked Mr Mac Kenzie of the DA to assess the cost of the public liability insurance. Why is it that all these people are complaining about the amount? How much is it? He did some research for us and brought us the facts and informed us that it really does not cost much.
If the stadium is full, with a crowd of about 9 000, you pay for 10 000, but in the event of a disaster a lot more money is used than the 10 000.
We had to agree that just as the public liability insurance is made available for vehicles belonging to tourists, it must also be made available to our people when they go to sporting events to enjoy themselves so that should something happen they don't complain that the government does not care about them, because quite often when people get injured at sporting events they expect the government to look after them. Yet the organisers of the sporting event don't spend anything. The government is left to deal with the disaster and its victims. Sir, we had to talk about issues of religion; I mean churches, because you are also a pastor. We came to the point where we had to look into the issues that the people were talking about at the FNB Stadium. There was a certain pastor who came there and it was claimed that when he touched people with his holy hands they were cured. As a result, a lot of people rushed there early in the morning - around four or five - hoping to have these holy hands laid on them as it was claimed that if they touched them they would be cured. Some of the people who were diabetic waited there hoping that if they could touch those holy hands they would be cured.
Sir, the problem with the issue of churches is that there was no water and there were no emergency vehicles. There was nothing that could be used to help these people should they experience any problems. Some of them had since arrived in the morning, they were hungry and their sugar levels had risen. Therefore we are sorry, sir, but we would like to say that churches must have basic facilities. There should be water as well as emergency vehicles, especially with some of our churches like the Zion Christian Church, ZCC, which organises pilgrimages to Moria. There must be water, proper roads and bathroom facilities where people can relieve themselves. We should not have to hide behind a tree to relieve ourselves. These are the kind of things we are talking about here, Reverend, so that we can say that we made all the necessary changes in order for us to be a free nation.
Therefore I would like to thank all the organisations that were present, namely the DA and Cope. If we work together we can do amazing things. These men are just stubborn but they know that when we work together there is something that we can do. We worked harmoniously together and here is something that we produced which is so beautiful and which even they can also be proud of.
Also present there were attorneys such as Mrs Mashefa. We had some really intensive arguments with them but in the end we all agreed that this legislation will be in the best interests of our country, South Africa. Therefore, sir, the ANC supports the Bill. Thank you. [Applause.]]
Voorsitter, mnr die Adjunkpresident, dames en here, my klankapparaat het nie gewerk nie, maar ek het wel gehoor dat mnr Khompela so twee keer die DA se naam, asook my kollega, Debbie Schfer, se naam genoem het. So ek aanvaar maar hy het ons geprys, en ek hoop maar dat dit in di gees sal wees dat ons die dinge sal doen.
Sport is veronderstel om vir beide die toeskouers sowel as die spelers plesier te verskaf, maar male sonder tal het sportbyeenkomste regoor die wreld rampspoedige gevolge gehad.
Die jongste sulke gebeurtenis in Suid-Afrika is die ramp wat by 'n sokkerwedstryd op Ellispark in Johannesburg op 11 April 2001 plaasgevind het. (Translation of Afrikaans paragraphs follows.)
[Mr T D LEE: Chairperson, Mr Deputy President, ladies and gentlemen, there was a problem with my sound equipment, but I heard Mr Khompela mention the DA once or twice, as well as the name of my colleague Debbie Schfer. Therefore, I assume that he praised us and I can only hope that we will do these things in this spirit.
Sport is supposed to generate pleasure for the audience as well as the players, but on many occasions throughout the world sporting events have led to disasters.
The most recent event of this kind to take place in South Africa was the disaster at Ellis Park in Johannesburg on 11 April 2001, which occurred during a soccer match.]
I will never forget the day we had a wreath-laying ceremony, a few days after the Ellis Park tragedy. The anguish and sorrow of the parents who had lost children and family members will remain with me for as long as I live.
In sy toespraak by hierdie geleentheid, het mnr Tony Leon, die destydse leier van die DA, ges dat ons alles in ons vermo moet doen om 'n herhaling van die Ellispark ramp te voorkom. Hy het ook ges dat, indien wetgewing nodig sou wees, dit so gou as moontlik deurgevoer moet word. (Translation of Afrikaans paragraph follows.)
[Mr Tony Leon, former DA leader, said in his speech on that occasion that we will have to do everything in our power to prevent a repeat of the tragedy at Ellis Park. He also said that if legislation was necessary it must be adopted as soon as possible.]
Chairperson, South Africa has become a favourite destination at which to host international sporting events. Since 1994 we have hosted rugby and cricket World Cups, as well as the Fifa Confederations Cup and the Africa Cup of Nations. We will shortly be hosting the Soccer World Cup.
While South Africa has an admirable record in the preparation for and the delivery of safety and security at major events, the challenge that we are currently faced with is the following: that there is no consistent application of these safety and security protocols.
The law that we are passing here today will give us the opportunity to do just that.
As daar nog mense is wat twyfel oor die wenslikheid van die wetgewing, wens ek dat hulle kon geluister het na die inset van mnr Erasmus, die destydse hoof van Rampbestuur van die Johannesburg Metropool en ook die man wat daardie aand aan diens was tydens die sokkerwedstryd op Ellispark toe die ramp gebeur het.
Hy is vas oortuig dat, as di wet daar was en noukeurig toegepas is, baie lewens gered kon word. (Translation of Afrikaans paragraphs follows.)
[If there are still people who have misgivings about the desirability of the legislation, I wish that they could have listened to the input of Mr Erasmus, the former head of disaster management of the Johannesburg Metropole, as well as the man who was on duty during the soccer match at Ellis Park when the disaster occurred.
He was convinced that if this legislation had been in place and enforced properly, many lives could have been saved.]
My colleague, hon Japie van der Linde, will elaborate on the content of the Bill, while I will concentrate on the process.
Allow me to congratulate the chairperson of the committee, Mr Butana Komphela - and perhaps it is strange that I am congratulating the man - for conducting a thorough consultative process. It was thorough. It is also the first time, as far as I know, that we really listened to the people. Where they made sensible suggestions, they were accommodated in the Bill. Hierdie wet kan dus deur alle belangegroepe wat insette gelewer het, geien word. Die konsultasieproses was dus nie 'n klug nie, maar 'n opregte poging om die gewone burgers by hierdie stuk wetgewing te betrek en te akkommodeer.
Ek wil ook die voorsitter loof vir hoe hy na alle partye se standpunte en bydraes geluister en in die wetgewing geakkommodeer het. Soveel so, dat twee van die klosules as die Debbie Schfer - 'n DA-kollega van my - klousules bekend staan. Dit is die gees waarin ons hierdie wetgewing behandel het.
Een van die Debbie Schfer-klousules handel oor mediese dienste, terwyl die ander oor die reg tot appl gaan.
Deur hierdie optrede, het die voorsitter gewys dat hy die veelpartydigheid van die komitee sowel as die Parlement verstaan en respekteer. Dis vir my baie belangrik dat ons die veelpartydigheid van die komitees moet verstaan.
Dis om bogenoemde redes dat die DA hierdie wetsontwerp steun. Al kwelling wat ek oor die wet het is die volgende: Ek wil graag weet en wil nog graag uitvind hoe hierdie wet die kostes van sportgeleenthede benvloed. Ek dink byvoorbeeld aan die Comrades Marathon tussen Durban en Pietermaritzburg. Maak hierdie wet daardie soort sportgeleentheid baie duur, al dan nie? Maar dan moet 'n mens jouself afvra of jy geld met die lewens van mense kan vergelyk. Speaker, ek doen 'n beroep op alle organisasies wat byeenkomste rel om by die wet te bly, om sodoende rampe, soos die een by Ellispark, te vermy.
Laastens wil ek die amptenary wat gehelp het om gestalte te gee aan hierdie stuk wetgewing, bedank. Hier sien ek teenwordig die Direkteur-Generaal, mnr Petersen. Baie dankie vir u hulp en ondersteuning aan die komitee. Dan was daar ook twee regsgeleerdes wat gehelp het. Hulle is Adv Gideon Boshoff en Patrick Ronan. Aan hulle is ons ook baie groot dank verskuldig.
Ek hoop en glo dat, as hierdie wetgewing deel word van die wette van hierdie land, as dit toegepas gaan word, sal ons verhoed dat rampe soos die Ellispark ramp weer sal plaasvind. Dankie. (Translation of Afrikaans paragraphs follows.)
[All interest groups who made inputs can therefore lay claim to this legislation. Therefore, the consultation process was not a farce, but a sincere effort to involve ordinary citizens with regard to this piece of legislation and to accommodate them.
I also want to praise the chairperson for the manner in which he listened to the positions and contributions of all the parties and accommodated them in the legislation. So much so that two of the clauses are known as the Debbie Schfer clauses - named after a DA colleague of mine. That was the spirit in which we worked on this legislation.
One of the Debbie Schfer clauses has to do with medical services, while the other is about the right to appeal.
Through his conduct the chairperson demonstrated that he understands and respects the multiparty nature of the committee and of Parliament. It is very important to me that we understand the multiparty nature of the committees.
For the above-mentioned reasons the DA supports this Bill. I only have one concern regarding this legislation: I would like to know - and find out - how this legislation will influence the cost of sporting events. For instance, I am thinking of the Comrades Marathon between Durban and Pietermaritzburg. Will this legislation have a costly impact on that type of sporting event or not? But, then one has to ask oneself if one can compare money with the lives of people.
Speaker, I am appealing to all organisations that organise events to comply with the law in order to prevent any disasters, such as the one at Ellis Park, from happening.
Finally, I want to thank the officials who aided in formulating this piece of legislation. I am referring to the director-general, Mr Petersen who is present here. Thank you for your help and support to the committee. Two lawyers also rendered assistance. They are Adv Gideon Boshoff and Patrick Ronan. We also owe them a great debt of gratitude.
I hope and trust that as this legislation forms part of the laws of this land and is implemented, we will be able to prevent disasters, such as the Ellis Park disaster, from happening again in future. Thank you.]
Madam Chair, hon Deputy President, hon Minister and members, when hon Komphela says I'm from the DA, it's clear that he knew that Mr Lee had taken half of my speech. But thanks for the compliments anyway, hon Komphela. Other speakers have clearly indicated ...
Chairperson, because he had walked out with the DA, I mistook him for someone from the DA. I apologise. [Laughter.]
Other speakers have clearly indicated why there is a need for this Bill, mainly because of the tragedies that occurred at Ellis Park and Orkney.
For myself, however, this Bill reminds me of my life on a farm as a boy of 10 years old. My father was a sugar cane farmer near Dumisa, not far from the lower KwaZulu-Natal South Coast. I was at boarding school and I had a huge passion for sport. During one holiday I asked my father whether he could arrange a race over a mile on the farm, with the labourers' children, including me and children from the other neighbouring farms.
The venue for the event was to be at our farm. The prizes were a sheep for the winning farm labourers and chocolates for the winning runners. The event took place on a Sunday. The families and their children arrived on tractor trailers from nearby farms. Because of the novel nature of the event and the excitement it had created, other curious spectators arrived from surrounding rural areas. A large crowd had assembled in an expectant mood.
The event became extremely festive under the boiling summer sun with large amounts of mageu [a nonalcoholic fermented brew] being consumed. After the various races had taken place, there was a mood swing that surfaced later in the day. The effects of alcohol amid the intense rivalries took hold. Violence ensued and spoiled what was supposed to be a unique occasion.
My experience from that event, however, led me to the following conclusions. Number one, black guys run faster than white guys; that hasn't changed. Number two, planning was required. Three, there was inadequate supervision and security. And four, there was no first aid or medical aid to help the injured. I wonder, if the police had been present at that event many years ago, whether they would have arrested the organiser, my father, or the only white runner, me, or all the black runners.
That experience and many other similar experiences around the country, both large and small, that have resulted in unsafe events and venues have necessitated the need for this Bill.
The Bill provides for measures to safeguard the safety and security of persons and property at sports, recreational, cultural and similar events held at stadiums and on routes; and further provides, inter alia, for accountability of event organisers, risk categorisation of events, safety and security, event ticketing, control of access of spectators and vehicles, issuing of safety certificates, deployment of security services and public liability insurance for events.
I wish to focus on the areas of the Bill that have special importance to Cope. One, with regard to events ticketing, this Bill has tightened up loose ends that exist in the system. South Africans have a habit of buying tickets on the last day of an event, hence the Ellis Park disaster. The Bill ensures that same-day ticket sales will not take place at the venue in order to prevent potential stampedes. The new system will also help eliminate ticket touting, fraud and football hooliganism.
Two, with regard to public liability insurance, this requirement has closed the loophole in the system. Previously, victims of violence and disasters or surviving spouses and families would attempt to get compensation from the government. Event organisers and venue operators now, however, must be in possession of valid public liability insurance with the insurance company registered with the Federal Deposit Insurance Corporation, FDIC.
Three, the venue operations centre, VOC, will ensure that all role-players involved in the event co-ordinate efficiently and safely all elements of the event, eg road access, policing, disaster management, etc. The police commissioner, in conjunction with the VOC, will make a determination of the risk of the event, that is whether it will be considered low or high risk.
For high-risk events, the VOC will be able to monitor access and exit points in the event of a disaster. Further, they will be able to identify people inciting violence within the venue.
With regard to rural events - and this is a challenge - it is apparent that there are going to be challenges to the implementation of the Bill in rural areas. At public hearings in Umtata, people indicated that there was only one ambulance in the entire region and that the police do not have enough equipment or the right vehicles to adequately control a large crowd. An education campaign on the Bill will have to take place in rural areas to ensure compliance. Five, with regard to the World Cup, this Bill will bring South Africa in line with other major international sporting destinations. It will also dovetail into the Fifa World Cup requirements on safety. Further, it will enhance South Africa's position as a host of major global sporting events and other events.
Public hearings were held in five provinces and a good cross-section of opinion was canvassed in both rural and urban areas. This opinion was collated from event organisers, sponsors, schools, sports federations, clubs, civic groups, religious groups, municipalities, etc - that is a full cross-section of South African society. We in Cope are pleased that much of the input was included in the final Bill.
Cope would like to congratulate the chairperson of the Portfolio Committee on Sport and Recreation, hon Komphela, on his energetic and thorough work on this Bill. His approach was inclusive, which other committees could do well to emulate.
We would also like to extend our thanks to the support staff, the SAPS and the legal teams for their valued contribution. A full range of opinion was heard and respected, and that resulted in broad consensus across party lines for the Bill.
Although Cope had some reservations about the practicality of some tenets of the Bill, we believe that the positives overwhelmingly outweigh any reservations that we have expressed as they have been largely addressed.
Cope will support the Bill. [Time expired.]
Chair, Minister and hon members, I hope the chairperson of the portfolio committee has not joined the SABC's campaign of pretending that the IFP does not exist in the House by not mentioning our participation.
With only 113 days to go to Africa's first Soccer World Cup, it is necessary that we debate and reflect on the safety and wellbeing of all people who attend important sporting and entertainment events on South African soil. South Africa has become one of the world's most popular destinations for the hosting of major international sporting events, but the Ellis Park and the Orkney soccer disasters have highlighted several shortcomings with regard to the current measures that we have in place at our stadia countrywide.
On 11 April 2001, after a soccer match between arch rivals Orlando Pirates and Kaizer Chiefs, a stampede led to 43 people losing their lives at an overcrowded Ellis Park Stadium. The disaster shocked our nation and led to the establishment of a commission of inquiry, chaired by Justice Ngoepe, to establish what happened on that fateful night and to identify mechanisms to prevent such disasters in the future. Some of the reasons cited in the findings of the commission included corrupt security officials, dereliction of duty by stadium personnel, a poor focus by attendants and lack of proper planning to deal with the capacity crowd.
Role-players had also failed to identify areas of responsibility, resulting in security functions either not being carried out properly or not being carried out at all. There was also undisputed evidence which showed that security personnel accepted bribes to allow spectators without tickets into the stadium. Some access points were unmanned, enabling people to walk through without tickets.
Needless to say, we cannot allow any of the unacceptable and unscrupulous actions cited above to disrupt our successful hosting of the 2010 Soccer World Cup; neither can we allow such a disaster to occur ever again at any other event hosted within South African borders.
Therefore, the proposed Bill before us today - which seeks to implement minimum safety and security standards at sports and recreational events - is the way forward and the IFP welcomes the proposals in the Bill.
I am especially pleased that the planning, management and enforcement of safety and security at sports and recreational events held at stadia and other venues - including events in the form of a race, tour or a procession along a road, and political rallies - will, as from the implementation of this Bill, be managed by professional people with experience in the field of safety and security.
But let me signal a warning today that some sections of the Bill are ambitious, to say the least. The Bill, which seeks to promote the physical safety and security of individuals attending sports and recreational events and their property, will fail in its proposed mandate unless, Nyambose, we address the serious crisis in the private security sector, namely improper regulation, incompetence and corruption.
In line with our Constitution, it is the government's obligation to keep its citizens safe but, more importantly, the safety of visitors to our country, especially during the 2010 Soccer World Cup event, is non- negotiable. Whether we are able to protect our international and local sporting spectators will determine whether our country will remain a desirable destination for the hosting of such events in the future. The IFP supports the Bill. [Applause.]
Chairperson, the ID congratulates the Portfolio Committee on Sport and Recreation and all role-players on their efforts to improve safety and security in sports and avoid incidents like the Oppenheimer and Ellis Park tragedies in future. The experience gained during the 2010 World Cup should be seen as a yardstick for future events, while this Bill confirms international safety measures to be implemented at sporting events.
Some aspects of the Bill deal with football hooligans. Despite the marketing of a protective vest by an English company, we know that we are going to have a difficult time dealing with football hooligans.
South Africa has a brilliant track record and is ready. South Africa has already hosted the Rugby and Cricket World Cups, the Africa Cup of Nations, and the Mountain Bike World Cup, to mention but a few premier events. Last year, when the Indian cricket authorities were unable to host the Indian Premier League in their own country, South Africa stepped in and made a tremendous success of the event. The ID supports the Bill. [Applause.]
Order, please! I have been informed that the hon member will make her maiden speech. Will hon members please respect that? [Applause.]
Modulasetilo, Maloko a a tlotlegang a Palamente, dumelang. E re ke tshwaele ka gore komiti ya rona ya metshameko ya Palamente ya Rephapoliki ya Aforika Borwa, ntle le rre Dhlamini wa IFP le rre McGluwa wa ID, komiti ya rona ga e a felelela, ka moo re rata go ba leboga; ra re bontsi bo bolaya noga. (Translation of Setswana paragraph follows.)
[Mrs G K TSEKE: I convey my greetings to the Chairperson and hon Members of Parliament. May the House take note that the Portfolio Committee on Sport and Recreation of Parliament of the Republic of South Africa is not complete yet, we have the absence of Mr Dhlamini of the IFP and Mr Mc Gluwa of the ID. However, we would like to thank them in absentia; because we believe that two heads are better than one.]
It is a great honour for me to be part of this debate on the passing of the Safety at Sports and Recreational Events Bill. Today Africa is a continent under reconstruction. Our valued sportspeople in our country and abroad, as they travel, see a lot of exciting work in progress in many sectors of our society to give meaning to our humanity together with the nations of the world.
The ANC's efforts to build a national democratic society are significant and meaningful to Africans, particularly with regard to the need to respect the dignity of all human beings and embrace the universal values of ubuntu, compassion and human solidarity.
It is in this context that the Bill seeks to fit in, because the experience of human savagery directed against us in the past is deeply embedded in our collective memory. South Africa has entered into a second decade of freedom with the strengthening of democracy and acceleration of the programme to improve the quality of life of all the people through sports.
Steadily the dark night of white political minority domination is receding into distant memory. I am raising this because we all know that today the South African nation is a product of many streams of history and culture representing the origins, dispersal and reintegration of humanity over hundreds of thousands of years.
The Freedom Charter says the people shall govern, and based on the submissions made by the people of our country, yes, we are convinced that this is the government of the people by the people. [Applause.]
During the public hearings held in Gauteng, a submission was made by Mr Erasmus, who works in the disaster management department in Gauteng, who was on duty during the Ellis Park disaster on 11 April 2001, as indicated by my colleagues. He indicated that there was no one in the venue operations centre who could take the lead in giving clear instructions to the people.
Cars were parked haphazardly, blocking the way of emergency vehicles. No one was there to assist even people with disabilities at the exit points. It was just a complete disaster.
He therefore requested that the Bill be beefed up, particularly with regard to modern equipment, access control to venue operations centres, role- players who are able to take up their responsibilities and members who remain in the venue operations centre throughout.
The Bill indicates that a controlling body or an event organiser must put in place measures to ensure the physical safety and security of our people and their property. An event organiser must co-operate and work together with the event safety and security planning community and venue operations centre commander in executing their tasks.
The Bill requires the event organiser to submit, at least six months before the start of the calendar year for that specific sport, religious or cultural activity or season, in the case of seasonal sport, an annual schedule of events with the prescribed information and sufficient particulars of the planned event - like the Super 14 or Premier Soccer League - to the national commissioner. He is then expected to make a categorisation of the safety and security risks associated with each event contained in the schedule.
Where an event cannot, by virtue of anything of an unforeseen nature, be planned to fall within the schedule of events and is scheduled to take place within six months before the start of a calendar year, the event organiser must, upon initiating plans for that event, submit details for that event to the national commissioner to make a provisional risk categorisation.
In making a risk categorisation, the national commissioner must take into account the popularity of the teams that will be playing, the expected attendance, any historic record of attendance at similar events, the certified safe capacity of a stadium, any historic record of safety and security, any threat analysis information regarding the event and any other factor that the national commissioner considers appropriate.
Upon making risk categorisations, the national commissioner must give a written notification to the hosting local municipality and he must also designate, in writing, a police official suitably qualified with experience in event policing matters as an authorised member, who will also be the venue operations centre commander and the chairperson of the event safety and security planning committee for each event categorised as medium or high risk.
In addition to the authorised member, the event safety and security planning committee must consist of disaster management departments, emergency service providers, security services of the state, health and medical service providers and others.
Ka nako ya metshameko, balaodi ba ditediamo ba tshwanetse go dira kopo ya go nt?hafatsa tiriso ya ditediamo tsa bona mo ntlheng ya tshireletso go bo Mmasepala. Nt?hafatso e, e tshwanetse go diriwa ngwaga le ngwaga kgotsa pele ga malatsi a le 30 letsatsi la nt?hafatso le ise le fete.
Ditifikeiti di tshwanetse go nna le tumelelo ya boemo ba tiriso ya mabala e e kgotsofatsang tshireletso. Sekao, Mbombela Stadium, Mpumalanga, e tshwanetse go bontsha palo ya 43 000 e e tsayang babogedi, eseng go feta. (Translation of Setswana paragraphs follows.)
[During the staging of soccer matches, the stadia management have to apply for the renewal of a stadium's safety and security certificate from the municipality. This renewal application should be done annually or 30 days before the existing safety certificate expires.
The certificates should entail an agreement of a satisfactory state of safety and security. For example, Mbombela Stadium, Mpumalanga, should host a capacity crowd of 43 000 spectators, as that is the number it takes, not more than that.]
The venue operations centre at an event is where the entire safety and security operations at the stadium are co-ordinated. Let me assure you, all the stadiums have complied. The venue operations centre commander must ensure that a written contingency and operational plan is prepared by the event safety and security committee, which must also determine which key role-players amongst all the service providers should staff the centre for the duration of the event.
In conclusion, I believe this Bill will ensure compliance by all the stakeholders in this regard. Thank you.
Chair, the Ellis Park soccer disaster of 2001 and the subsequent findings and recommendations of the commission of inquiry into the disaster have necessitated the Safety at Sports and Recreational Events Bill.
Controlling bodies of all sports and recreational events, organisers, stadium and venue owners and managers will be required in terms of this Bill to place the broader interests of the public above their own by promoting spectator-friendly, safe and secure sports and recreational events. Safeguarding the interests of South Africa as a destination for the hosting of major international sports and recreational events is also a priority. The ACDP will support this Bill.
Premier Soccer League prosecutor, Zola Majavu, however, has referred to the new Bill as impractical and unlikely to get off the ground as it is impossible, he says, to give a schedule of matches six months ahead of the time; and the police commissioner can pull the plug on games if event organisers or clubs don't comply. He also raised concerns that the venue safety certificate could disqualify many clubs and cause ticket prices to rise in order to cover increased security.
Paramedic and private ambulance companies have expressed concerns that reference to a requirement for medics at every sporting event does not specify what level of medic. When called out to minister to injuries at sporting events, especially those at schools, they often find the event has been covered by a first-aid trainee trained by the organisers with inadequate experience and equipment.
Lastly, the ACDP would like to draw attention to the need for increased numbers of well-trained traffic police, particularly throughout the World Cup to ensure safer road use. Our record of road accidents is cause for concern and, therefore, likely to be as great a danger to fans and players as any potential stadium crime. Thank you.
Madam Chairperson, indeed South Africa must be commended for its organisational ability to host world-class events. The MF supports the Bill, particularly considering that we are staging the world's greatest event.
There have been tragedies at the football stadia in South Africa. It is therefore absolutely imperative to take precautionary measures.
There have been major tragedies in Gauteng, Europe and also in the UK. Such a Bill is necessary and, indeed, it is long overdue. It is very important that our state oversees the security of our sporting events in our stadia.
The MF would also like to commend the chairperson and the members of the portfolio committee for their sterling work in ensuring that the consultative processes have been adhered to. Indeed, sport does not see race or face. It helps immensely in bringing communities together.
I want to actually deal with the issue of the hon member from the ID, who said that Indians could not host. I think he was referring to India. Furthermore, it is not that they could not host, but it was purely an issue of security and policy fiasco. [Interjections.] The MF will support the Bill.
Hon Chairperson, with regard to the physical wellbeing and safety of persons and property at events, in whichever form the event might be - we have heard it can be sports, rugby or anything -there are important needs that require serious attention.
Various serious incidents, as mentioned by the Minister, Mr Komphela and other speakers, were identified and led to the drafting of this Bill. This Bill is aimed at providing interventions which will improve the safety and control of mass attendance at future events. The erection of scores of large stadiums necessitates the need for an even- handed approach and the guarantee of safety where there is a possibility of risks. It is acknowledged that most stadiums and sporting bodies have existing measures in place to secure the safety of spectators during sporting matches and events.
This Bill, therefore, is the outcome of various participatory and representative public hearing processes. These processes concluded that the Bill will lay the foundation for a broad and all-inclusive approach to safety and security at all our events.
Important aspects that are being addressed in the Bill to meet the above demands are, inter alia, to ensure the accountability and the responsibility for safety and security at events. This implies that the controlling body or the stadium owner must establish an event safety and security planning committee for each event.
The national commissioner plays a vital role. The safety and security committee must ensure that a safety plan is in place. A proper ticketing system has to be in place and that implies that no commercial buying and selling of tickets should be allowed.
Daar mag geen kaartjieverkope op die dag van die wedstryd by die hekke wees nie. [There may be no selling of tickets at the gates on the day of the event.]
The event organiser must submit an annual schedule of events to the national commissioner, at least six months before the season or event. This will enable the commissioner to categorise the safety and security risks of each event.
Safety certificates must be issued for different venues. This certificate will outline the risk associated with the event at that stadium.
High-risk events have a two-year phasing-in period. That means that if the Bill is passed within a month, the high-risk event or the person who owns a high-risk stadium will have two years to comply with the law. A medium-risk event has a three-year phasing-in period; and a low-risk event has a five- year phasing-in period.
Hierdie sertifikate moet binne die tydperke verkry word met die klem ook op ons plattelandse gebiede waar die gebeure hoofsaaklik van 'n lae risiko aard is. Dit wil s, die infasering van lae risiko gebeure is vyf jaar, maar ons moenie vergeet van daardie stadiums of plekke nie. Dis my bekommernis en dis hoekom ek dit beklemtoon dat daar na daardie aspekte gekyk moet word. (Translation of Afrikaans paragraphs follows.)
[These certificates will have to be acquired within this period, with the emphasis on our rural areas as well, where the events are mostly of a low- risk nature. That is, the phasing in of low-risk events is five years, but we should not overlook those stadiums or places. This is my concern and this is the reason why I want to emphasise that these aspects have to be attended to.]
Public liability insurance for each event should be in place.
Dit moet weereens beklemtoon word dat hierdie rel ook van toepassing sal wees by laerisikowedstryde en-gebeure. Ek kan baie goed onthou dat ek in 1984 'n wedstryd by Groenpunt gespeel het en dit was oorlog. Dit was nog die ou rugby. Dit was oorlog en as daardie veld 'n lae risiko is, dan het ons probleme.
Ons het ook 'n wedstryd gehad by die Adcock-stadion en die dieselfde het daar gebeur. My waarskuwing is dus net: omdat laerisikogebeure 'n vyf jaar intree fase het, moet daar nie vergeet word dat daardie sertifikate ook verkry moet word nie. (Translation of Afrikaans paragraphs follows.)
[It needs to be emphasised once again that this regulation will also be applicable to low-risk matches and events. I can recall very clearly a match that I played at Green Point in 1984, and it was war. It was still the old rugby format. It was war and, if that ground was considered low- risk, then we've got problems.
We also had a match at Adcock Stadium and the same thing happened there. I would just like to sound this warning: because low-risk events have a phasing-in period of five years, the obtaining of those certificates should also not be overlooked.]
The Portfolio Committee on Sport and Recreation is confident that the country will benefit from this Bill and that it will contribute to the improvement of the safety and security at all our events. The DA believes that this Bill will have a profound effect and recommends that this Bill be approved. Thank you. [Applause.]
Sekela Somlomo wale Ndlu yoWiso-mthetho, namhlanje yimini yembali enkulu kweli loMzantsi Afrika kwicala lezemidlalo nolonwabo. Sishukumisa amathambo abantu ababesaya kudlala imidlalo ngokubanzi. Ndithetha ngamadoda namankazana afana nooTata uDan Qeqe, indoda eyayisaziwa kakhulu eyayidlala indawo esembindini apha e-Oudtshoorn, uTat'uTolly Andrew Grootboom, ngaloo minyaka. OoBra Dabs, aph' eKapa, oo-Ace Ntsoelengoe, oo Peter Mkatha nooLesoro. Ndicinga ukuba amathambo abo ayashukuma namhlanje xa sisenza inguqu, siphucula ubomi babantu kwezemidlalo.
Athi amakhumsha "Give us the tools and we will finish the job." Kwakha kwatsho umphathi xa wayejongene nemfazwe ngeloo xesha. NgesiXhosa ke sithi: "Sinike izixhobo siwugqibezele lo msebenzi." Namhlanje sibhala enye imbali ngokuthi siphumeze umthetho ojongene nokhuseleko kwezemidlalo nolonwabo kweli lokhokho bethu, kuba sigxile kulaa mqulu wombutho othandekayo kweli loMzantsi Afrika, i-ANC, uMqulu weNkululeko. Phaya kukho umqolo othetha ngokhuseleko: "Abantu baya kuhlala ngoxolo bekhuselekile." Lo Mthetho ke ungena apho.
IMithetho esiyiqulunqayo kule Ndlu yoWiso-mthetho ijongene nokubuyisa isidima kunye nesihomo sethu kwezemidlalo, kulinganwe xa kusenziwa izinto kweli lizwe lethu. Ngoko ke, xa sijongene nezemidlalo, kuza kufuneka ukuba oomasipala basekhaya baqiniseke ukuba apho kukho khona amabala okudlala loo mabala akulungele ukusingatha loo midlalo, phambi kokutyikitya isiqinisekiso sokuba elo bala lisemgangathweni. Zikhona ke izinto ezijongwayo ukuze ibala libe semgangathweni. Ngalo lonke ixesha ibala ngalinye siyalazi ukuba kufuneka linamasango amabini, akunakubakho isango elinye, kungenjalo kuyakuba yintlekele embi xa kunokwehla isehlo. Kufuneka kubekho izixhobo zokucima umlilo kwelo bala nezinye izinto esele zikhankanyiwe apha.
Okwesibini, elo bala lezemidlalo kufuneka limana lihlaziya amaphepha-mvume okuququzelela loo midlalo, ukuqinisekisa ukuba lisenakho ukuyisingatha zingaphelanga iintsuku ezingama-30 phaya koorhulumente basekhaya. Amabala ezemidlalo akhiweyo okanye amatsha kufuneka angqamane nemigaqo-siseko yokhuseleko, kwaye abe nazo neendawo zokusebenzisana nabantu boncedo lokuqala.
Xa kuza kubakho imidlalo eza kuginya imithamo emikhulu, ekukrokreleka ukuba abantu baza kuphuma babe yinyambalala, abaququzeleli kufuneka badibane nomKomishinala wamaPolisa oMzantsi Afrika ukwenzela ukuba azanelise ukuba imigaqo yokhuseleko ifikelelwe. (Translation of isiXhosa paragraphs follows.)
[Mr L SUKA: Deputy Speaker of the National Assembly, today is a historic day in South Africa with regard to sport and recreation. We are remembering people who used to play various kinds of sport. I am speaking about men and women such as Dan Qeqe, a well-known man who used to play centre in Oudtshoorn in those years, and Tolly Andrew Grootboom. I'm also referring to men such as Dabs, here in Cape Town, Ace Ntsoelengoe, Peter Mkata and Lesoro. I think today they are turning in their graves when we are making changes, improving the lives of our people with regard to sport.
The English-speaking say: "Give us the tools and we will finish the job." This was once said by a general who was waging war at the time. "Give us the tools; we will finish the job." Today we are writing history by promulgating the law which provides for safety in sport and recreation in the land of our forefathers. We are focusing on the charter of the popular organisation in South Africa, the ANC, and that is the Freedom Charter. In it there is a line that refers to safety: "People shall live in peace and safety." This Act is therefore relevant.
The Acts that we promulgate in this National Assembly are for the purpose of restoring our dignity in sport, so that we are equal when we engage in sporting activities in our country. Therefore, when dealing with sport, the municipalities must ensure that the stadia meet the criteria for hosting such matches, before they can be certified. There is a set of criteria that a stadium must meet. There should be two entrances at all times - there simply cannot only be one entrance, otherwise there will be a disaster should anything happen. There must also be fire extinguishers in the stadium, and there are other requirements that have already been mentioned.
Secondly, the permit of the stadium must be renewed, to ensure that it can still host such matches within 30 days. The newly built stadia must satisfy all safety guidelines, and they must also have facilities for emergency personnel.
When big matches are hosted where many people are expected to attend, the organisers must consult the South African Police Commissioner so that he can also satisfy himself that all safety guidelines have been met.]
The South African community needs to remember that on various occasions lives have been lost through no observance of safety measures in major events. A glaring case in point is the Ellis Park disaster; I think this has been said loud and clear. Ngoko ke lo Mthetho ujongene nokuncedisana nabaququzeleli kunye nabaxhasi ukuze baziqaphele ntlangothi-mbini izimo zabo. Kungoko kubalulekile ukuba le Ndlu yoWiso-mthetho iwamkele lo Mthetho ngezandla ezingenamikhinkqi. (Translation of isiXhosa paragraph follows.)
[This Bill, therefore, seeks to address both the organisers and the fans so that they can be aware of their conduct. That is why it is important that the National Assembly passes this Bill without delay.]
The other area that we need to pay attention to is the application of this legislation, which needs to be monitored very closely, so that it is not used to the advantage of big, well-established event management service providers at the expense of our SMMEs.
Amashishini asakhasayo kuza kufuneka ejongiwe ngulo Mthetho ukwenzela ukuba ingabi nguMthetho oza kuhluthisa okanye oza kuncedana nabo sele bekwazi ukuzimela. (Translation of isiXhosa paragraph follows.)
[This legislation must also take into consideration small businesses, so that it does not become legislation that provides for, or assists, only big and independent businesses.]
In the case of amateur sporting activities, it is also clear that for the sports bodies and organisers to rise to the dictates of this Bill, all three spheres of government shall have to make available resources or enough funding to meet the standards that are required by this Bill.
The co-operation between the private security personnel and the state security agencies will have to improve in communicating the same message to the public. In this regard, the functions of event safety and security planning are clearly defined.
Akukho mntu uza kuyabula ke okanye athi elapha abe ephaya adlale indima engeyoyakhe. Elowo umntu unendawo ekufuneka ehlakule kuyo, kucace ukuba kubhekwa phi na, kodwa inye indoda ephetheyo yinational commissioner yeli lizwe.
Malungu ale Ndlu yoWiso-mthetho, njengorhulumente obaxabisileyo abantu besizwe nobomi babo kuyacaca ukuba kuyimfuneko engxamisekileyo ukuba siwuphumeze lo Mthetho sisonke, ize onke amasebe aseburhulumenteni abe zizinqininqini ekujongeni ukuba lo Mthetho uyaziwa ngabantu. Phofu ukhokelwe liSebe lezeMidlalo noLonwabo, kungabikho mntu uya kuthi thwanga okanye xa kufuneka ethethile athethe upahaha endaweni ka tyihoho.
Ze sikhumbule amazwi kaMongameli athi: "Kuza kufuneka sigxanye sisebenze ngamandla ekuziseni iinkonzo ebantwini bethu." Kungoko ndisithi singumbutho wesizwe siyawamkela lo Mthetho ngezandla ezingenamkhinkqi. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[No one is going to be loitering or playing someone else's role. Each person must play his specific role, so that we are able to see progress, but there is only one man who is in charge, and that is the national commissioner of this country.
Members of this National Assembly, as a government that values the people and their lives, it is clear that there is an urgent need for us to pass this Bill, so that all departments can start to ensure that people know about it. This must, however, be led by the Department of Sport and Recreation so that no one will be confused and give irrelevant comments.
Let us remember the words of our President: "We must hurry and work diligently to deliver services to our people." That is why I am saying we, as the organisation of the nation, must accept this Bill without delay. [Applause.]]
Chairperson, there is not much that we should make a fuss about after this very elaborate elucidation of both the intention and the content of this Bill. What is left for us is just to say a word of appreciation to all participants. To the hon Dhlamini, I want to apologise on behalf of the chairperson of the Portfolio Committee on Sport and Recreation. He forgot to mention the IFP, I agree with you. But in the build-up to today, he has always mentioned the IFP's unstinting support for the Bill and creative contributions to the discussions building up to today. [Applause.]
He has also schooled me in what he calls "the Mac Kenzie clause", reminding me of a clause of the United Democratic Front once upon a time.
I really want to thank all parties for their contribution. What this House should take home tonight is that we have witnessed the actualisation of the slogan of the ability of sport to unite people and to consolidate communities into a cohesive entity for nation-building.
This is exactly what we have seen in this debate. No one could have identified the political homes of the speakers. The issue was very clear in front of all of us, that South Africa's integrity was at stake and the wellbeing of our people was at risk, and we needed to do something about it. It is true that there are challenges like the cost implications, hon Lee, but those are things we must deal with and take in our stride.
I am pleased to see the detailed understanding of members on how this Bill will work in terms of the grading of the risks that are attended to for each and every activity. It is not a blanket demand for all activities, hon Dudley, or for Christian activities or jazz festivals, hon Xingwana.
There will be a lesser demand, for instance, than for the World Cup either of rugby, cricket or soccer. These will be graded according to the risks as identified by our security forces. I also want to thank my colleague, Nyambose, son of Dingiswayo, the second King in this House; the first one is Faku. [Laughter.]
There were many obstacles on the way, as we should have anticipated in a Bill that traverses two national departments and makes a whole range of demands on both of them. It needed political leadership, a resolve to succeed with what we needed to succeed in. UNyambose was never stinting in his leadership, not even once; even when he was not present at the meeting he phoned. He was very clear. We moved forward, as the President would say, "vorentoe" [forward] and "vorentoe". We marched and here we are today. [Applause.]
Gideon Boshoff, when I arrived at the department, was sitting on a huge bundle of papers, which was the first draft of this Bill. I don't know how many hundreds of papers it was and I thought he was crazy. And I said, "What are you suggesting we do with this whole wheelbarrow of papers?"
Relentlessly he went back and forth. He had to deal with the hearings with me first before going to the hearings with the rest of society; and without any flinching, without any hesitation, he carried us right up to here. [Applause.] Hon Chairperson, even when copies of our Bill were lost three times somewhere here in this building, Gideon Boshoff reproduced other copies of this Bill each time.
We thank him and his team, and we say thank you for the whole logistical support that they received from other lawyers.
The cricket championship was a great success the an extent that yesterday we received a letter from Cricket South Africa announcing that the Indian cricket authorities - hon Bhoola, I must be careful now [Laughter.] - have again requested that South Africa host that tournament in September. [Applause.]
I am glad you are giving me the mandate to go to Cabinet and ask them to endorse that request. These are the events that, if handled properly, will enhance the stature of our country and deal with the Afro-pessimism that hon Dudley heard from Majavu. There will always be such people who tell you it will not happen, but we must make it happen despite the pessimists. Working together, as we did today, there is nothing that can stop us. Thank you very much. [Applause.]
Debate concluded. Bill read a second time.