South African Institute for Drug-Free Sport Amendment Bill: SASCOC oral submission

Meeting report

Opening remarks by Chairperson

The Chairperson noted the apology of Ms D Sibiya (ANC), who was in another meeting as well as other Members were also in other meetings as it was a Wednesday.

A warm welcome was extended to the South African Sports Confederation and Olympic Committee (SASCOC) as they would provide the Portfolio Committee with updates on their efforts and address concerns. The President of SASCOC was to shed light on the developments and efforts taken by the entity since the World Anti-Doping Agency (WADA) announcement in September 2023.

The meeting agenda was adopted.

Background

Ms Fiona Clayton, Committee Researcher, said that the Committee’s history with the South African Institute for Drug-Free Sport Amendment Bill is short but very intense. The reason for amending this legislation goes back to October 2022 when 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, and on 23 November 2023, the Minister published a notice of intention to introduce the Amendment Bill to Parliament and on the following day the Bill was introduced to Parliament and referred to the Committee. The Bill was referred to the Joint Tagging Mechanism and was subsequently officially tagged as a Section 75 Bill. On 5 December, the Committee met with the Department of Sport, Arts and Culture to discuss the Amendment Bill, and the Committee resolved to process the Bill in line with constitutional prescripts which include public participation.

SASCOC submission on SAIDS A/Bill [B41-2023]

Mr Barry Hendricks, SASCOC President, said that the CEO and Limpopo’s board member, Linda Zwane, was part of the team representing SASCOC in the meeting. SASCOC’s input was very short because it deals with administrative issues from government’s perspective and a legislative perspective. The Amendment Bill, the SAIDS commentary letter, the sports, arts, and culture schedule, as well as the comparative analysis were all sent to the relevant stakeholders.

Very simply, SASCOC agrees with the matter at hand and urges that the process concludes quickly. SASCOC showed its commitment by attending the meeting with the Minister where the media was briefed. SASCOC is committed to supporting the Bill.

The Chairperson said that even when the Committee got the Amendment Bill, it was said that as a progressive country, SA cannot allow to be suspended from the Olympics for failing to comply with WADA. The meeting was open to engagement.

Discussion

Mr D Joseph (DA), said that he had two questions. How does WADA get its authority to deal with deal directly with governments? Secondly, regarding the meeting that occurred in 2023 with WADA and SASOCC, what was the significance of that meeting?

Ms R Adams (ANC) said that she hopes the relevant stakeholders will continue with the finalisation of the Bill and all its procedures.

Mr Hendricks said that with regard to the WADA structure, all countries, governments, the International Paralympic Committee (IPC), and the International Olympic Committee (IOC) signed the framework putting WADA in place. It is a government entity around testing, which is where SAIDS comes in.

Ms V Malomane (ANC) said SASCOC was supposed to make their oral submission; however, they indicated they supported the amendment bill. Is SASCOC aware of the submission by SAIDS and do they agree with the submission?

The Chairperson said that according to the President's opening remarks, he indicated that the Department received the presentation indeed.

Ms Sumayya Khan, Deputy Director General: Recreation Development and Sport Promotion, Department of Sport, Arts and Culture, responded to Mr Joseph on the question of who WADA is, explaining it was formed together with the public authorities government so it is a partnership between the governments and the sports movement of the world.

Closing remarks by Chairperson

The Chairperson thanked all Members for their attendance and contributions.

She announced her voluntary retirement.

The meeting was adjourned.