South African Institute for Drug-Free Sport Amendment Bill: consideration of public submissions

Meeting report

Opening

Ms B Dlulane (ANC), Committee Chairperson, welcomed Members and everyone else in attendance.

Ms Fiona Clayton, Committee Content Adviser, was then asked to provide the background for the meeting.

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

Ms Clayton informed the meeting that 13 stakeholders had responded to the Committee's public call for submissions on the South African Institute for Drug-Free Sport (SAIDS) Amendment Bill. Eleven had made oral submissions whereas two provided written submissions. A further two wanted to present oral submissions but had not done so.

The South African Institute for Drug-Free Sport, Bodybuilding South Africa, the South African Rugby Union, Athletics South Africa, the Free State Sports Academy, National Treasury and the Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority were some of the entities that made oral representations.

The South African Sports Confederation and Olympic Committee, Boxing South Africa, the New Love Life Trust, the Eastern Cape Academy of Sports, Sports for the Physical Disabled, and University Sports South Africa expressed their support for the Bill.

The two stakeholders who had expressed interest in making oral submissions, but had not, were the Kwazulu-Natal Academy of Sport and the Stellenbosch Academy of Sport.

There were no objections to the proposed legislative amendments.

A matrix that combined all the submissions were drafted and forwarded to Members. The matrix is comprised of indications by clause, comments, recommendations, and proposed amendments.

(See the attached matrix for full details)

The Chairperson said that the rules and procedures now called upon the Department of Sport, Arts and Culture (hereafter referred to as the Department) to respond to the Committee's inputs. “This is the detail of what has been done”, the Chairperson said.

Comments by parliamentary legal services

Adv Aadielah Arnold, parliamentary legal advisor, thanked Ms Clayton and the Committee staff for the concise matrix that had been prepared. It was now up to the Department to respond to the Committee's inputs.

Most of the amendments came from what the South African Institute for Drug-free Sports (SAIDS) briefed the Committee on. SAIDS had commented that the introduced Bill in its current form was, unfortunately, not compliant with standards. 

Adv Arnold further noted that she had conferred with the Department and SAIDS on strengthening the Bill where necessary.

Clauses 1,10,11 and 17 would be beefed up. A definition was to be inserted in Clause 1. Wording on the Appeals Board would be redrafted concerning clause 17. The same clause contained a “broad macrostructure. There should be provisions that ensure that it remains in SAIDS. Institutional independence is crucial. Independence between the Board and SAIDS.”

National Treasury had also made some provisions on clause two, which were being considered for incorporation.

Bodybuilding South Africa had commented on clause 17 (a). Naturally, the Department would respond to these proposals, including a proposal that there needed to be a fair hearing on sanctions and measures before a decision was made.

Ms Clayton added that “we have been working to ensure that we are compliant” and that a tick-box exercise had been conducted.

Discussion

The Chairperson said that the Committee had convened another meeting for the next day in which the Department would be present. The Bill would be presented clause by clause and the A-List would be adopted on Friday, 15 March 2024.

Members were made aware of the Committee's programme, which included the interview schedule for the 15th.

Mr D Joseph (DA) said it was an educational experience to have been part “of when the two departments merged.” He thanked Ms Clayton and Adv Arnold for their inputs on the independence between the Appeals Board and SAIDS.

He further asked the CEO of SAIDS, Mr Khalid Galant, whether the Bill aligned to the World Anti-Doping Association (WADA) prescripts.

Mr Galant echoed the praise from Mr Joseph about the work that the Committee had done, the parliamentary legal team, and the Committee staff on the Bill. “They have done the necessary engagement with WADA.” He was confident that “we will have a Bill that will be WADA compliant.”

The Chairperson also thanked everyone involved with the legislative process, from Members to parliamentary staff. She lauded the commitment and stamina of the Members during the process.

The Chairperson said it was important for the South African flag to be hoisted at international events.

Replies by the Department

Ms Sumayya Khan, Deputy Director-General: Recreation and Sports Development, DSAC, said that her Department would have an opportunity on 13 March 2024 to respond to the submissions. The collaboration between the parliamentary legal team and SAIDS greatly assisted the Department during the legislative process.

The Department appreciated Adv Arnold’s focused and determined work ethic. “She understands the Bill well and kept us on track.”, the DDG said.

DDG Khan also added that her Department had seen the value that Adv Arnold brought to the legislative process if the communication by WADA was anything to go about. She was hopeful that it would be compliant by the time the Bill got to the National Assembly.

The Minister of the Department was also thanked for his support during the legislative process.

Closing remarks by the Chairperson

The Chairperson also lauded the work ethic of Adv Arnold who she said almost became like a Member of the Committee. The Committee faced embarrassment if the Bill was not processed.

The Chairperson recalled that the House Chairperson had summoned her and the Committee staff to account on the progress of the Bill. During this meeting, Parliament had thrown its weight behind the process and highlighted the importance of the legislation.

The Chairperson once again thanked everyone for their attendance and said, "let us be proud of our flag.”

The Chairperson adjourned the meeting.