Meeting report

The Chairperson began by informing the meeting attendees that the Sixth Parliament will soon be coming to a close. She reminded them that on 29 May 2024, National Elections would take place, marking the end of their tenure as Members of Parliament on 28 May 2024.

Reflecting on the Bill's impact on the Rugby World Cup, she acknowledged that it almost failed to uphold national pride.

Extending a warm welcome to all present at the meeting, she noted commencement of the Culture, Arts, Tourism, Hospitality, and Sport Education and Training Authority (CATHSSETA) input. She accepted their apologies for the previous week's absence.

The Committee Secretariat recorded apologies from Mr B Mamabolo (ANC) due to the loss of his brother and Mr D Joseph (DA) who had prior commitments. She also listed apologies from officials representing various sports academies and organisations:

• Stellenbosch Academy of Sports
• KwaZulu-Natal Academy of Sports
• Universities Sports South Africa
• SA Sports for Physically Disabled

Addressing the reasons for these apologies, the Chairperson sought clarification from the Committee Secretariat.

The Committee Secretariat explained that these stakeholders had no additional information to provide but expressed their support for the Bill and indicated their intention to submit written contributions. She also confirmed the presence of CATHSSETA, Free State Academy of Sports, and Eastern Cape Academy of Sports.

The Chairperson then recalled the possibility for stakeholders to submit their contributions in writing, ensuring their voices were heard.

The Chairperson invited Members to endorse the agenda, which had been appropriately titled and prepared.

Mr E Mthethwa (EFF) then expressed his support, offering condolences to Mr Mamabolo for his loss and proposing the adoption of the agenda.

Ms V Malomane (ANC) seconded the motion, extending warm greetings to everyone and expressing condolences to Mr Mamabolo's family. She supported the adoption of the agenda as presented.

The Chairperson conveyed condolences to Mr Mamabolo and his family for their loss, wishing his brother peace and offering thoughts during this challenging time.

She then announced that Ms Fiona would provide an overview.

Overview: South African Institute for Drug-Free Sport Amendment Bill [B41-2023]

Ms Fiona Clayton, Committee Content Advisor, thanked the Chairperson for the opportunity to provide a brief overview of the day's proceedings. She began by explaining that the impetus for amending the legislation originated in late 2022, when the World Anti-Doping Agency (WADA) identified several provisions in the Amendment Act of 2006 as non-compliant with their code. Consequently, an Amendment Bill was drafted, which the Minister of Sport, Arts and Culture tabled in Parliament in November 2023. The Bill was tagged as a Section 75 bill. The Committee was introduced to the Bill in December 2023, and their process has been conducted in accordance with constitutional requirements, including public participation.

Ms Clayton continued by stating that today's session was a follow-up to gather oral and written submissions from stakeholders. The Committee had already heard from the South African Institute for Drug-Free Sport (SAIDS), the South African Sports Confederation and Olympic Committee (SASCOC) and National Treasury, among others. SAIDS specifically highlighted certain areas of Section 17 of the Amendment Bill that were still not compliant with the WADA code. Therefore, today's session served as another step in the process of considering input from stakeholders.

The Chairperson thanked everyone and then addressed a participant identified by the number 52170705, requesting them to identify themselves or risk being removed from the platform.

Mr Hermann Terblanche, Academy Manager: Eastern Cape Academy of Sport, responded, confirming that he was indeed associated with that number. He explained that while he was not a frequent user of Zoom, he recognised the number as his departmental one. He apologised for any confusion regarding the number and assured the Chairperson that his colleagues would introduce themselves as well.

The Chairperson accepted his apology and asked for Samsung SM6906E to be removed as they did not introduce themselves.

CATHSSETA Oral Submission on the South African Institute for Drug-Free Sport Amendment Bill [B41-2023]

Mr Marks Thibela, CEO, CATHSSETA, outlined the organisation's role, covering areas within the Committee's jurisdiction, such as arts, culture, heritage, sport, recreation, and fitness. He introduced CATHSSETA as the Culture, Tourism, Hospitality, and Sports Sector Education and Training Authority, one of the 21 SETAs under the Department of Higher Education and Training.

Mr Thibela explained their mandate, governance arrangements, and input to the Bill. He described CATHSSETA's six sub-sectors and outlined their functions as per the Skills Development Act. He detailed the organisation's vision, mission, and values derived from the Constitution and the governance structure, including the board composition and responsibilities.

Regarding their input to the Bill, Mr Thibela mentioned that CATHSSETA had requested an extension to review it thoroughly. He noted that the Bill addressed the gaps they identified, such as definitions, governance arrangements, and appeals processes.

Mr Thibela expressed CATHSSETA's support for the Bill and thanked the Committee for the opportunity and understanding regarding the postponement of their presentation.

(see attached)

Discussion

The Chairperson commended the presentation from CATHSSETA, noting the importance of understanding their role and governance structure for both current and incoming Committee Members. She expressed interest in inviting similar stakeholders or entities to share valuable information with the Committee in the future. She then invited the Members to provide any comments or seek clarification on the presentation.

Mr Mthethwa expressed gratitude to the Chairperson and echoed her sentiments regarding the importance of institutions like CATHSSETA in the developmental aspects of culture, creativity, and sports. He agreed that such entities should present broadly on their developmental initiatives. Mr Mthethwa concluded by expressing his satisfaction with the presentation.

Ms R Adams (ANC) had a microphone problem and wrote (using the chat feature) that she was happy with the presentation.

The Chairperson thanked Ms Adams, noting her repeated attempts to speak despite technical difficulties. She then addressed CATHSSETA, expressing appreciation for their important role as stakeholders in the Committee's work during the 6th Parliament. She assured them that the Committee staff would remain in place, even as some Members would not return or would be redeployed. She thanked CATHSSETA and released them from the meeting.

Free State Academy of Sports Oral Submission Oral Submission on the South African Institute for Drug-Free Sport Amendment Bill [B41-2023]

The Chairperson moved on to the next item on the agenda, for the Free State Academy of Sport to present their comments on the Bill. She acknowledged the Academy's presence and remarked on their reputation for doing well. The Chairperson then encouraged them to provide any updates they deemed relevant, noting that the Committee was aware of their achievements and successes.

She also mentioned a recent event she attended related to International Women's Day, where she encountered women from various sectors, including construction. She highlighted the presence of young women like Ms Mmamoloko Tryphosa Kubayi, the Minister of Human Settlements, who had risen to ministerial positions, and praised women’s contributions. The Chairperson emphasised the importance of women's visibility in various industries and reiterated government's commitment to gender equality.

She thanked the Free State Academy of Sport for their presence and reiterated the significance of International Women's Day, especially in the context of promoting gender equality and women's empowerment.

Ms Erika Calitz, Academy Manager, Free State Academy of Sports, said the Academy, mandated by the South African Academy Strategic Framework and policy guidelines of 2013, operates as a non-profit organisation under a board comprising elected members from provincial sport federations, the Provincial School Confederation, and national sport federations. Funding is received from provincial funds and the grant, with services provided by the Free State Sports Science Institute, the only government-funded sports science institute in South Africa.

In reviewing the current legislation, the Academy suggests referencing the Protection of Personal Information Act (POPI Act) and updating the name of SASCOC to include parasports. Additionally, they propose including "sport performance institutions" in the relevant sections to acknowledge specialists in sports science and nutrition. They fully support the amendments to Section 2, regarding the replacement of the wording "corporate body," and Section 10.

Concerning Section 11, they agree with the deletion and substitution of paragraphs. Regarding Section 17, they seek clarity on the repercussions for federations failing to comply and advocate for athletes not to be penalised in such instances, ensuring they can still participate in events.

In conclusion, the Academy supports the amendments to the Bill, offering suggestions for consideration to ensure inclusivity and clarity.

(see attached)

The Chairperson expressed gratitude to the Free State Academy. She noted the presence of the Department and other stakeholders in the meeting, emphasising the importance of their input. She acknowledged that stakeholders often have valuable insights to add to the discussion, particularly regarding proposed amendments like those in Section 17. While the final decision rests with the drafters of the Bill, she appreciated the contributions made by all attendees.

Before concluding, she invited any comments or clarifications from the Members. Seeing none, she thanked everyone for their participation and released them from the meeting.

The Eastern Cape Academy of Sport Oral Submissions

Mr Chumani Gqeke, Eastern Cape Federation Representative, apologised for not having a prepared presentation, citing the short notice of the meeting. He explained that their board had met the previous Friday and could have provided a detailed response with more time. However, he offered a brief background, stating that they operate similarly to the previous presenters, with the same mandate and funding model, receiving government funding and being accountable for financial expenditure. They collaborate closely with provincial confederations to support elite athletes participating in various levels of competition.

Recognising the importance of sharing their work with Members of Parliament for the purpose of the Bill, Mr Gqeke mentioned that their office would share recent reports with the Committee before the meeting's conclusion.

Regarding the Bill, he stated that they align with its provisions and have no disagreements. They look forward to the further processing and finalisation of the Bill. Mr Gqeke then deferred to his fellow board member to add any additional comments before concluding.

Mr Mthetheli Biko introduced himself as a member of the Eastern Cape Academy of Sports Committee, representing the medical and sports scientific support aspect. He oversees the services provided in this regard.

Regarding the recommended changes and amendments to the Bill, Mr Biko stated that he did not see any areas for additional input or modification. He conveyed satisfaction with the proposed recommendations and changes, hoping they would align with previous requests and ensure full compliance. He emphasised the importance of the South African Institute for Drug-Free Sport (SAIDS) continuing its positive impact on sports.

He concluded by thanking the Committee for the opportunity to be part of the process and stated that he had nothing further to add.

The Chairperson expressed gratitude for the work shared by the presenters and emphasised the Committee's appreciation for their contributions. She assured them they could provide any additional information later, as the Committee would continue its work until 21 May 2024. The presence of the Department was acknowledged, and she invited Members to seek clarification if needed. There were no inputs.

After thanking the presenters again, she released them. The Chairperson explained that the Committee aimed for transparency and accountability, ensuring that legal and departmental representatives were present to facilitate the process.

Ms V van Dyk (DA) requested that the written presentations be forwarded to the Members.

The Chairperson acknowledged the request, mentioning that the Committee Secretariat had already shared them with Members. However, she understood that due to loadshedding and technical issues, some Members might not have received them. She recognised Members' right to ask for the minutes to be resent.

Further, she noted Mr Mamabolo's presence in the meeting despite having recently lost his brother. She expressed surprise at his attendance and mentioned that Members had already extended their condolences.

Committee Minutes

Minutes dated 05 March 2024

Mr A Zondi (ANC) moved to adopt the minutes, which Mr Mthethwa seconded. The minutes were duly adopted.

In her closing remarks, the Chairperson expressed appreciation for the attendance of Members, noting their dedication even on Fridays and Mondays. She highlighted the importance of departmental policies and their impact on other government departments.

Additionally, the Chairperson acknowledged the presence of the Parliamentary Monitoring Group.

The meeting was then adjourned.