Presentation on theme: "SAFETY AT SPORTS & RECREATIONAL EVENTS ACT, 2010 (Act No. 2 of 2010)"— Presentation transcript:
1 SAFETY AT SPORTS & RECREATIONAL EVENTS ACT, 2010 (Act No. 2 of 2010) The Practical Import -- A Facilitation by Patrick Ronan to CAMPROSA Delegates & StakeholdersCAMPROSA ANNUAL CONFERENCE;MSC SINFONIATERRITORIAL WATERS OF SOUTH AFRICA8-10 November IRM
2 PRESENTATION OBJECTIVES Provide a strategic overview of recent the legislative developments & practical implications of the Act to CAMPROSA Delegates & other invited stakeholders e.g. University administration, sports & recreation, stadium/venue managers & event organizers; SAPS; safety & security academics; public & private sector safety & security security providers etc);Provide a high level insight into the reasoning underpinning the Act & the proposed legislated criteria relative to safety & security planning & delivery at public events hosted at tertiary education facilities;Provide CAMPROSA stakeholders with a high level synopsis of the Act in order to facilitate a practical understanding of the key safety and security risk management concepts which underpin the Act from a general event safety responsibility; implementation & impact perspective.IRM
3 THE GREAT REGULATORY MISCONCEPTION “The Act requires Regulations to be implemented”The following provisions of the Act were immediately implementable as of 2 August 2010:- Sections 4, 5, 6, 7-12 &14- The whole of Chapter 3 (Sections 16-26);- The whole of Chapter 3 – Part 2;- Sections 43; 45 (offences & penalties); 46 & 47 (delegation); IRM
4 The Safety at Sports & Recreational Event Act, 2010 (Act no 2 of 2010) THE LEGISLATIVE BACKGROUND
5 THE REASONING -WHY THE LEGISLATIVE FOCUS ON RISK MANAGEMENT DELIVERY AT EVENTS BY PARLIAMENT ? The Ellis Park Soccer Disaster (11 April 2001) 43 citizens killed;The Oppenheimer Stadium Orkney Soccer Disaster (13 January 1991) 42 citizens killed on site (8 later dying in hospital);Findings & final recommendations of Justice Bernard Ngoepe flowing on from the Commission of Enquiry into the Ellis Park Soccer Disaster – all of which have been incorporated within the Act;IRM
6 THE REASONING - (Cont’d) South Africa’s having increasingly become a desirous destination for major international sporting, recreational, political & social economic events & our Governments policy to attract and support the hosting of such major events in our country;Although not directly related – lending legislative support to the hosting & bidding by SA of major events such as the 2010 FIFA World Cup SA™ ; Olympic Games, IRB Rugby World Cup etc.Most importantly – protecting the primary stakeholder – the primarily working class, general public who attend the literally thousands of sporting & recreational events sport held countrywide in our country every year;IRM
7 THE LEGISLATIVE THRUST The creation of an “omnibus” piece of legislation – a single reference point for ease of use by relevant event stakeholders that consolidates & integrates domestic event safety & security requirements with cross references to related existing safety & legislation (e.g. UK Football safety framework requires compliance with at least 11 different Acts) ;Key safety legislation that is immediately implementable;Alignment with world-wide trends to introduce legislation designed to promote public safety at events.
8 EXAMPLES OF PRACTICAL OPERATIONAL MATTERS WHICH UNDER-PINNED THE NEED FOR LEGISLATION Regulation of, inter alia, the following key safety & security areas at Events:- Ticketing matters inc. Ticket Touting;- Stadium/venue Safety certification for fixed & temporary structures e.g. match & training venues;- Minimum measures to ensure the safety as opposed to security of the general public (e.g. minimum levels of fire & medical emergency & essential services at events);- Formalization of event safety & security operational planning structures;- the establishment of offences & penalties for anti-social behaviour inside & in the vicinity of stadiums & venues e.g. hooliganismIRM
9 THE CURRENT STATUS OF THE ACT Significant Parliamentary Activity re the Bill during the last quarter of 2009;Country-wide public hearings facilitated by Joint Portfolio Committees of Police and Sport & Recreation (September-October 2009);Final amendments to Bill effected by Portfolio Committee on Sport & Recreation (November 2009);Unanimous vote (November 2009) by Portfolio Committee approving amended Bill & it’s submission for debate & vote in the National Assembly during February 2010;Bill debated & approved & passed by the National Assembly on 18 February 2010;Bill debated and passed by NCOP during March 2010;
10 THE CURRENT STATUS OF THE ACT Bill assented by President on 26 May 2010;Act promulgated and put into operation on 2 August 2010;There will shortly be 2 sets of Regulations in place–- Department of Sport and Recreation legislative task team have finalized the drafting of the Minister of Sports (mainly infrastructural) Regulations to Act – they have already been published for public comment, amended and will shortly be promulgated into law; &- another set flowing from the regulatory responsibilities of the SAPS;SAPS HQ have commenced internal SAPS process to implement provisions of Act which do not require Regs. for implementationSo Bottom Line – Act is in place and compliance, on pain of criminal penalty, is required by all persons who fall under the regulatory ambit of the Act.
11 THE CURRENT OPERATIONAL CHALLENGES The following challenges, amongst others, are currently being faced by the SAPS, emergency & essential services & other relevant safety & security stakeholders i.r.o. the local hosting of events:The hosting of multiple events in the same area & during the same period – resourcing challenges;Hosting of events without proper/sufficient public liability insurance being in place;Failure/resistance of certain event organizers to accept their responsibility to provide adequate security at events- “it is a SAPS function” type of approach;IRM
12 THE CURRENT CHALLENGES (Cont’d) Safety & Security planning for events is often left to a very late stage;Failure to consistently apply risk profiling criteria to events;Inconsistent application of safety & security measures for different events whose risk profile is similar;Under-budgeting by event organizers i.r.o. public safety & security at events – viewed by some as an un-necessary, profit limiting expense.IRM
13 THE CURRENT CHALLENGES (Cont’d) No safety certification for stadiums/venues or temporary structures at stadiums/venues/events;Whilst their have been improvements - continued use of un-registered/in-experienced and un-trained persons/ to provide a security service as provided for the in the Private Security Industry Regulation Act;Silo planning by safety & security role-players at events;In-sufficient & in-experienced safety & security resourcing at events;A focus on reactive rather than pro-active safety & security measures at events;No punitive measures for failure to ensure proper safety & security measures at events.IRM
14 THE ON-GOING CHALLENGES Self-Regulation by controlling bodies, event organizers & stadium/venue owners has not worked:- PSL league match (FNB Stadium – 20 May 2006 – mass destruction of property (1000’s of spectator seats set alight & thrown onto field & public violence requiring SAPS public order police intervention);- Coca Cola massive Mix concert (Super-Sport Park -19 May 2007) – mass spectator de-hydration involving treatment & hospitilisation of hundreds of young spectators);- Rugby : Semi-Final Currie Cup (Loftus Versveld, August 2007) – mass public violence & destruction of property – alcohol related;- Vodacom Challenge (Absa Stadium – 21/07/2007) – illegal occupation of reserved seating & public violence;IRM
15 THE ON-GOING CHALLENGES - King of the Mountain Hill Climb-Motor-racing (Ceres, Cape 29 November 2008) – 1 death, 7 seriously injured;- PSL league match – Kaizer Chiefs vs Ajax (MTN Super 8) 15 August 2009 (Newlands Stadium) – mass public violence, throwing of missiles inc.bottles, at pitch & intimidation of match officials, intentional damage of 500 stadium seats;- New years Tavern stampede – (02h15 - 1/01/2011) – Ipelegeng (near Schweizer –Reineke, North-West Province) - 7 men & 3 women (ages 18-25) crushed;- “Bash” outside Tzaneen, Northern Province, 10 September – un-confirmed reports of 7 members of the public seriously injured in crowd crush/violence incident;
16 KEY GENERIC ASPECTS THAT UNDERPIN THE PROVISIONS OF THE ACT AS THEY PERTAIN TO HIGH RISK EVENTS Enforcement of safety & security must be in the hands of professional people;Improved fixture scheduling;Event fixtures must be categorized according to clearly defined risk-profile criteria;Proper, timeous & proactive safety & security contingency & operational planning by senior safety & security stakeholders for all fixtures/events;Expert certification of safe capacities of stadiums/venues & accurate counting of spectators;Safety Certification of Stadiums/Venues;Proper traffic management around all host stadiums/venues;IRM
17 KEY GENERIC ASPECTS THAT UNDERPIN THE PROVISIONS OF THE ACT AS THEY PERTAIN TO HIGH RISK EVENTS Installation of proper robust outer perimeter physical measures at all stadiums/venues hosting high risk events;Orderly secure channeling & queuing of spectators;Effective, secure & centrally administered match/event ticketing design;Prevention of crowd congestion at spectator entry points;Communication of essential disaster management information to spectators;Establishment of properly equipped Venue Operations Centres (VOC’s) at all stadiums/venues manned by senior/experienced/decision making Safety & Security representatives;Proper crowd monitoring procedures must be in place i.e. CCTV surveillance & recording systems;IRM
18 KEY GENERIC ASPECTS THAT UNDERPIN THE PROVISIONS OF THE ACT AS THEY PERTAIN TO HIGH RISK EVENTS Pre-sales of match/event tickets only through secure, centrally controlled system with nationwide outlets;Adequate public address systems both inside & outside stadiums/venues;The maintenance and keeping of proper records by safety & security role players re stadium/event planning activities;Implementation of restricted item schedules for all stadiums/venues);Proper alcohol control;Establishment of event safety& security planning committees (ESSPC’s), headed by SAPS National Commissioner appointed “Authorized Members”;State security services (SAPS) presence at all PSL matches & other high risk events;Specialized SAPS units must be present at high risk events;IRM
19 KEY GENERIC ASPECTS THAT UNDERPIN THE PROVISIONS OF THE ACT AS THEY PERTAIN TO HIGH RISK EVENTS SAPS National Commissioners office plays key role in SAPS appointments & directives regarding safety & security at high risk events;Implementation of proper invasive/non-invasive spectator search procedures at stadiums/event by SAPS/SIRA registered security officers property trained for this purpose;SAPS Authorized Member is authorized to postpone, delay or stop games/events (Prohibition Orders);Proper protocols for stadium/venue public address announcements;IRM
20 Safety & security education of spectators; KEY GENERIC ASPECTS THAT UNDERPIN THE PROVISIONS OF THE ACT AS THEY PERTAIN TO HIGH RISK EVENTSSafety & security education of spectators;High Risk events can only be hosted in stadiums which have been graded by Local Authority (High Risk Grading Certificate) to host such events – after consultation with SAPS “Authorized Member”; and, generally speaking-Efficient & committed event management which puts the broader sport/recreational interests above their own with a heavy emphasis on the safety, security & convenience of spectators.IRM
21 The Safety at Sports & Recreational Event Act, 2010 (Act no 2 of 2010) - A HIGH LEVEL OVERVIEW-
22 PRIMARY LEGISLATIVE DRAFTING FOCUS STRUCTURE OF ACTPRIMARY LEGISLATIVE DRAFTING FOCUS“… to ensure the proper planning; resourcing & provision of internationally bench-marked risk management (safety & security) at all public sports & recreational events hosted at stadiums & venues in the Republic …”STRUCTUREPrincipal Legislation (Act)4 Chapters48 Sections55 PagesPromulgated in English & ZuluProvision for Regulations by both Minister of Police & Minister for Sport & Recreation
23 ACT- Chapter & Clause Headings Definitions & Application of ActDefinitionsApplication of ActExemptionsChapter 2Ensuring Responsibility for Safety & Security at Events4. Responsibility for Safety & Security at Events5. Prohibition6. Risk Categorization of Events7. Safety Certificates8. Existing Stadium or Venue Safety CertificatesIRM
24 ACT- Chapter & Clause Headings 9. New Stadium or Venue Design CertificateCertificate in respect of Alteration or extension to Stadium or venueHigh Risk Event Safety CertificateContents of Safety CertificatesAmendments to Safety CertificatesInspectors and Powers of Entry & InspectionChapter 3 – Part 1Measures to ensure Safety & Security at Events15. Event Safety & Security Planning Committee16. Functions of Event Safety & Security Planning Committee17. Venue Operations Centre18. Accreditation & Access to Designated Areas19. Event Ticketing IRM
25 ACT- Chapter & Clause Headings Chapter 3 (cont’d)20. Spectator & Vehicle & Access Control21. Prohibition Notices22. Spectator Exclusion Notices23. Event Safety & Security measures24. Deployment of State Security Services25. Public Liability InsuranceChapter 3 – Part 2Appeal Board & AppealsAdministrative Sections Dealing with Appeals & Appeal Board regarding administrative actions taken i.t.o. the Act.Chapter 4General Provisions43. Fees44. Offences & Penalties45. Regulations46. Delegation47. Limitation of Liability48. Short Title & Commencement IRM
26 BASIC TENETS OF THE ACTIn essence, the Act seeks to regulate the following 8 basic key areas:Responsibilities for event safety & security delivery;Risk profiling (categorization) of events;The establishment of an annual schedule of events to prevent the stretching of public sector security and emergency resourcing;Safety certification and grading of stadiums and venues (fixed and temporary infrastructure).
27 BASIC TENETS OF THE ACT (Cont’d) Integrated and timeous event safety and security planning between all relevant stakeholders for medium and high risk events – facilitated and headed-up by SAPS;Minimum safety and security measures at medium and high risk events;Event ticketing controls;The creation of offences.
28 KEY CONCEPTS CONTAINED IN ACT - Legislation will not apply to exempted Private EventsJoint & Several Responsibility of Controlling Bodies; Event Organizers & Stadium/Venue Owners;Annual Risk Categorization & Designation of Events;Application of varying levels of safety & security measures at Events dependent on levels of identified risk;Safety Certification & Grading of Stadiums/Venues;Compulsory Public Liability Insurance for Events;Phasing-in periods for compliance with minimum infrastructural requirements by existing Stadiums/Venues; IRM
29 KEY CONCEPTS (Cont’d)- Identification of safety & security role-players at Events;- Establishment of Event Safety & Security Planning Committees (ESSPC’s);The assignment of duties & responsibilities to Event safety & security role-players;Prohibition of Events due to safety and/or security risks;Exclusion of Spectators from Events;Creation of Offences & PenaltiesCreation of a legislative framework i.r.o the provision of safety & security at Events inc. the promulgation of Regulations
30 EVENT ORGANIZER means: ACT – KEY DEFINITIONSEVENT means:“sporting, entertainment, recreational or similar activities hosted at a stadium, venue or along a route or within their respective precincts;EVENT ORGANIZER means:“any person who plans, is in charge of, manages, supervises, or holds an event or sponsorship rights to an event or in any manner controls or has a material interest in the hosting of an event as contemplated in this Act”;IRM
31 ACT – KEY DEFINITIONS (CONT’D) “STADIUM OWNER” means:“a person who owns, manages or is entitled to exercise the rights of an owner or occupier of a stadium used for events”“VENUE OWNER” means:“a person who owns, manages or is entitled to exercise the rights of an owner or occupier of a venue used for events”;IRM
32 ACT – KEY DEFINITIONS (CONT’D) “CONTROLLING BODY” means:“a national federation as defined in section 1 of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998), Provincial federation or an international controlling body governing a code of sport or recreational activity in the Republic, but excludes the National Department of Sport and Recreation of the Republic of South Africa and the Sports Confederation contemplated in section 1 of the National Sport & Recreation Act,1998. i.e. The PSL; SAFA; SARFU; CSA etc.“VOC COMMANDER” means:“the Authorized Member of the SAPS who is in charge of the Venue Operations Centre (VOC) or police official designated by Authorized Member to be in charge of the VOC.IRM
33 ACT – KEY DEFINITIONS (CONT’D) “Event Safety & Security Planning Committee” means:“ the committee contemplated in Section 16 (of the Act) which is a committee established by an authorized SAPS member consisting of a minimum of 12 safety & security stakeholders to co-ordinate safety & security planning and functions at an Event;”“ AUTHORIZED MEMBER” means:“a police official designated i.t.o. Section 16 (of the Act) as Chairperson of an event safety and security Committee (ESSPC) and has overall authority to direct measures relating to safety and security at an event.IRM
34 SCOPE OF ACT (Preamble) To determine, maintain & ensure the physical safety & security of all persons (participants & members of the public) & their property present at sports & recreational events at venues & their precincts in the Republic.IRM
35 APPLICATION OF ACT (Section 2) Provisions of Act prevail where they may conflict with other existing general legislation;Act does not apply to “gatherings” per the Regulation of Gatherings Act, 1993;Applies subject to any Cabinet guarantees/undertakings furnished i.r.o. the hosting of an major international event in SA.IRM
36 EXEMPTIONS OF EVENTS (Section 3) In terms of Section 3 of the Act, the Minister of Police may, on application by any person, by notice in the Government Gazette exempt an area or that person from any or all of the provisions of the Act;Such exemptions applications will not be lightly entertained by the Minister of Police;Essentially designed to prevent over-reaching application of Act e.g. private events - large funerals, large private parties etc. IRM
37 RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4 (8)) An Event Organizer must (if a natural person) :- be at least 21 years of age; and- have the necessary capacity, resources & experienceto organize an Event IRM
38 PROHIBITIONS (Section 5 of Act) No person (event organizer) may organize an event unless that person has:- submitted an annual schedule of events for risk categorization to the National Commissioner of Police;- in the event of an event arranged at short notice (e.g. knock-out competition) – immediately advised the National Commissioner of the event for risk categorization purposes- ensured that public liability insurance for the Event is in place;No person may:obtain event tickets to re-sell or use for commercial purposes; or- directly/indirectly sell or promote event ticketswithout prior permission of the event organizers.IRM
39 SAFETY CERTIFICATES (Section 7) Act provides for the application & issuing of the following categories of safety certificate:Local Authoritygeneral safety certificate for existing stadiums/venues;safety certificate for new stadiums/venues;safety certificate for planned alterations/extensions to existing stadiums/venues;grading certificates (high, medium or low risk event hosting capability)National Commissionerhigh risk event safety certificates.IRM
40 EXISTING STADIUM/VENUE SAFETY CERTIFICATES (Section 8) Provides for the administrative process i.r.o. the annual application to Local Authorities & issuing of safety certificates for existing stadiums/venues by Stadium/Venue Owners;The Act provides for a phasing-in period i.r.o. existing Stadiums/Venues to comply with the technical provisions of the Act & impending regulations - (2, 3 or 5 years depending on the risk grading of the Stadium/Venue);Certificate must be accompanied by separate grading certificate, issued by a Local Authority, which determines the:- safe spectator capacity of a Stadium/Venue, and- level of event risk (low, medium or high) which may be hosted at a Stadium/Venue IRM
41 NEW STADIUM/VENUE DESIGN SAFETY CERTIFICATES (Section 9) Provides for the administrative process i.r.o. the annual application to Local Authorities & issuing of safety certificates for planned stadiums/venues by Stadium/Venue Owners:Stadium/Venue Owner must comply with:- the Local Authority safety & security requirements/conditions set out in the certificate;- applicable National & Local Authority building legislation & SABS building design guidelines;- applicable Stadium/Venue technical requirements of international Controlling Bodies e.g. FIFA, IRB,ICC, IOC, IAAF & domestic Controlling Bodies;- applicable National, Provincial & Local medical facility requirements; &- any other prescribed criteria IRM
42 CERTIFICATES FOR ALTERATIONS/EXTENSIONS TO STADIUMS/VENUES (Section 10) Provides for the administrative process i.r.o. intended alterations/extensions to existing Stadiums/Venues in possession of a safety certificate;Local Authorities must take into account the following factors:- certified safe capacity of a stadium/venue;- the seating design of a stadium/venue;- spectator turnstiles of a Stadium;- emergency access/egress routes/gates inside a Stadium/Venue and their respective Precincts;- physical spectator barricading;- traffic management planning inside and around a Stadium/Venue;- whether the proposed alteration will affect the safety & security of persons at a Stadium/Venue;- the duration of the proposed building operations. IRM
43 HIGH RISK EVENT SAFETY CERTIFICATE (Section 11) Provides for the administrative process -(i.e. application for high risk event safety certificate by event organizer within 60 days of being notified of high risk event categorization by the National Commissioner)to be followed by an Event Organizer i.r.o. any event categorized as high risk by the National Commissioner i.t.o. Section 6 of the Act.The issuing of a high risk event safety certificate by the National Commissioner may be made subject to the compliance with certain conditions by Event Organizers e.g. SAFA, PSL.IRM
44 CONTENTS & AMENDMENTS OF SAFETY CERTIFICATES (Sections 12 & 13) Provides for the administrative mechanisms i.r.o. the issuing and amendment of safety certificates by either:- a Local Authority (existing, new & amendments to Stadiums/Venues); or- National Commissioner (High Risk Event certificate).Conditions regarding the contents and amendments of safety certificates may be prescribed.IRM
45 INSPECTORS & INSPECTOR POWERS (Section 14) Enforcement mechanism of the Act - Inspectorate falling under auspices of Local Authorities – use of existing infrastructure restricts financial burden on the State;Powers of inspectors are tempered in as far as Constitutional safeguards are concerned e.g. inspections limited to business premises only;Local Authority must issue certificates of appointment to Inspectors;Inspectors may be accompanied by SAPS member or any other person reasonably required to assist in conducting an inspection;All persons present at an inspection must furnish assistance to an Inspector or Police Official performing their functions in terms of the Act.Act provides for stringent qualification criteria regarding the appointment of inspectors, in particular relating to their experience, integrity & impartiality;IRM
46 SAFEGUARDS TO OVER-REGULATION IN ACT The proposed phasing-in periods for safety & security up-grades of stadiums and venues (2 years, 3 years and 5 years depending on risk level of event hosted at particular facility) (Section 8(3) of the Act)Provision for events that are arranged at short notice due to factors beyond the control of event organizers e.g. Knock-out stages of Super 15 competition or football events such as Nedbank Challenge or MTN Super 8 or even University Club Rugby knock-out competition. (Section 6 (3) of the Act)Organizers of Low risk events (which are the majority of public events hosted annually) are not obliged to establish SAPS chaired event safety & security planning committees (Section 6(2) of the Act);IRM
47 SAFEGUARDS TO OVER-REGULATION IN ACT Event organizers do not have to assist with the development of detailed written event safety & security plans i.r.o. low risk events (Section 15(2) read with Section 16 (1) (b) of the Act);The compulsory safety and security measures which must be put in place for medium and high risk events are not applicable to Low Risk events (Section 15 & 16 of the Act);It is not compulsory for organizers of low risk events to establish Venue Operation Centers (Section 17(2) (b) of the Act;Applications can be made for exemptions to any or all of the provisions of the Act in respect of an area or any person (Section 3 of the Act).IRM
48 The Safety at Sports & Recreational Event Act, 2010 (Act no 2 of 2010) - THE PRACTICAL IMPORT -SAPS ADMINISTERED PROVISIONS OF THE ACT
49 RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) The primary responsibility to ensure that proper Event safety & security measures are in place at an event rests:jointly & severally, on a Controlling Body, an Event Organizer or a Stadium or Venue Owner;the National Commissioner of Police;the SAPS “Authorized Member” appointed by the National Commissioner of Police.The above persons/bodies must co-operate with & assist the SAPS i.r.o. the performance of SAPS duties at Events (Section 4 (2) of the Act);The National Commissioner must:- establish event safety & security planning committees for Events; and- appoint VOC commanders; and- where authorized, issue spectator exclusion notices.
50 CONTROLLING BODY RESPONSIBILITY (Section 4) There is a joint & several responsibility on an Event Organizer ( e.g. Chair student representative council) (with a Controlling Body – University Council or a stadium or venue owner (University) or appointed management of university stadium to ensure that proper safety & security measures are in place at an Event –What, practically speaking is meant by this, from a Controlling Body e.g. University Council perspective?The Council must:- set minimum safety & security policies & standards, aligned with the Act, with which it’s constituent bodies must, on pain of penalty, abide by;- educate and orientate its affiliates with regard to the practical application of safety & security related legislation at University sanctioned events;- take reasonable steps to ensure that it’s safety & security policies and standards are complied with by it’s constituent bodies at it’s sanctioned events;- have a representative present at all events to, inter alia, ensure that it’s constituent bodies meet their statutory obligations to ensure the safety & security of persons & their property at an event;IRM
51 CONTROLLING BODY RESPONSIBILITY (Section 4) In our example the University Council must: (cont’d):- fully co-operate with and assist SAPS, the ESSPC and the VOC Commander in the carrying out of their respective functions i.t.o. the Act (see Section 4 (2) of the Act);- be represented in a VOC in respect of medium or high risk event;- assume the responsibilities of an event organizer (e.g. Student Representative Council) if the EO fails to meet it’s statutory safety & security responsibilities i.t.o. the Act e.g.- deployment of private security & safety stewards;- placement of public liability insurance for event- appointment of event safety officer- appointment of optional volunteers etc.;IRM
52 EVENT ORGANIZER RESPONSIBILITY (Section 4) What, practically speaking, are the responsibilities of an Event Organizer perspective?The Event Organizer must:- fully co-operate with and assist SAPS, the ESSPC and the VOC Commander in the carrying out of their respective functions i.t.o. the Act (see Section 4 (2) of the Act);- be represented, from an event safety & security perspective, at an event (see Section 4 (5) of the Act);- be represented in a VOC in respect of a medium or high risk event;- assume the responsibilities of a stadium owner if the stadium / venue owner fails to meet any contracted statutory safety & security responsibilities i.t.o. the Act e.g.- deployment of private security & safety stewards;- placement of public liability insurance for event;- appointment of event safety officer;- appoint an access control officer (See Section 20 of the Act)IRM
53 EVENT ORGANIZER RESPONSIBILITY (Section 4) What, practically speaking, are the responsibilities of an Event Organizer?The Event Organizer must (cont’d):Appoint (contract for) the deployment of sufficient persons to provide safety & security at an event (match) and for the protection of spectators and their property at an event (match) (see Section 4 (5) (b) of the Act); including:- an event safety officer;- SIRA registered private security provider & security officers;- safety stewards;- volunteers (optional).IRM
54 EVENT ORGANIZER RESPONSIBILITY – LOW RISK EVENTS (Section 4 (9)) What, practically speaking, are the responsibilities of an Event Organizer perspective?The Event Organizer must (cont’d):- a safety officer is appointed for the event;- a detailed written safety plan is prepared for the event covering, amongst others:1. safety measures;2. security measures;3. crowd management measures;4. motor vehicle parking arrangements;5. emergency medical measures (inc. participant/player measures) per the National Health Act);
55 EVENT ORGANIZER RESPONSIBILITY – LOW RISK EVENTS (Section 4 (9))- Cont’d The Event Organizer must ensure that:- measures to give effect to the written safety & security plan are put in place;- the local police station is informed of the event details prior to the event;- the detailed written safety plan incorporates:1. an event risk assessment;2. event details (inc. duration);3. stadium/venue design layout (inc. surrounding precinct);4. safe capacity of stadium/venue;5. compliance with all relevant safety certification;IRM
56 EVENT ORGANIZER RESPONSIBILITY – LOW RISK EVENTS (Section 4 (9))- Cont’d The detailed written Low Risk safety plan incorporates (cont’d):6. spectator profile (age, historical behaviour etc);7. expected event (match) attendance;8. control of event service providers;9. availability of sufficient ablution facilities;10. availability of waste management services;11. availability of sufficient utilities (water & electricity);IRM
57 EVENT ORGANIZER RESPONSIBILITY – LOW RISK EVENTS (Section 4 (9))- Cont’d The detailed written Low Risk safety plan incorporates (cont’d):12. availability of proper illumination (pitch & spectator areas);13. control of liquor;14. proactive & reactive fire safety measures;15. emergency medical measures;16. access & egress control;17. safety information announcements to spectators; and18. emergency evacuation procedures (inc. detailed actions to be taken by designated officials in the event of a major incident).
58 EVENT ORGANIZER RESPONSIBILITY – CATEGORIZATION OF EVENTS (Section 6) Annual submission (6 months in advance of either commencement of calendar year or sporting season) by Event Organizer of a written schedule containing sufficient & relevant information regarding a planned Event (s) to be hosted at a stadium/venue to the National Commissioner (SAPS) for a risk categorization;NOTE: Practically speaking it is recommended that a Controlling Body of a sporting Code e.g. PSL; SARFU, CSA should assist affiliate Event Organizers & collate & submit risk categorization schedules of all of it’s Affiliates to the National CommissionerNational Commissioner considers and assesses the annual submission for the purposes of the allocation of a risk profile i.r.o. the scheduled Events;National Commissioner then gives notice to the relevant Local Authority as well as the Event Organizer of the Risk Categorization of the Event;The Act provides for an administrative mechanism to be followed by an Event Organizer in the event they do not agree with the decision of the National Commissioner IRM
59 SAPS NATIONAL CONFIRMATION OF INTERIM EVENT RISK CATEGORIZATION PROCESS From: Siva Anand - Colonel Sent: 13 January :21 PM To: Cc: Van der Walt JA; Motau Hope; Hankel Mark - Major General; Chipu PP - Major General; Mawela E - Lieutenant GeneralSubject: RE: Application for Event Risk Categorization – SASREAGood day PatrickAs agreed at the workshop last year, in the interim this office will be used for the categorization of events. I will also prepare an information note for the attention of the National Commissioner and open further discussions with my colleagues from crime intelligence on this matter.Colonel Anand SivaSection Commander: Major EventsDivision Visible PolicingCell:Tel:Fax: IRM
60 EVENT ORGANIZER RESPONSIBILITY RISK PROFILING OF EVENTS (Section 6 (7)) The compilers of the annual event risk categorization schedule should provide event information which covers the following risk profiling criteria which the National Commissioner must take into account when undertaking event risk categorizations:Historic data re popularity of match; relevance of outcome of match;Venue location & expected attendance based on historic/current factors;Suitability of a stadium/Venue from a safety & security infrastructure perspective;Certified safe capacity of stadium/venue;Crime statistical trends at stadium/venue;Historical incidents at prior/similar events; IRM
61 EVENT ORGANIZER RESPONSIBILITY RISK PROFILING OF EVENTS (Section 6 (7) Risk Profiling Criteria (cont’d) :The day of the week, time of day the event is to be hosted;Sport event factors (rivalry of teams, historic fan behaviour);Historic medical, safety & security data relating to an event;Age profile of attendees to an event;International, domestic or local socio-economic, political or security related factors;The expected weather or other natural conditions in the lead-up to & during the event.IRM
62 EVENT ORGANIZER RESPONSIBILITY RISK PROFILING OF EVENTS (Section 6 (7) Risk Profiling Criteria (cont’d) :Commencement time and anticipated duration of the event;Information relating to any proposed sale of liquor at the event inc. impact of previous sales of liquor at similar events;The availability of police officials and emergency & essential service personnel to assist at an event;The nature of any pre-event (match) entertainment & marketing promotions at the event (match); andAny other matters considered relevant.IRM
63 EVENT ORGANIZER RESPONSIBILITY The Eternal Debate – Security Officers vs Safety Stewards (Section 1 & 4 (4)(b))The Act makes a clear delineation between the statutory requirements & role of private security officers and stewards to address circumvention of compliance with the Private Industry Regulation Act, 2001 (Act No.56 of 2001) in certain quarters:STEWARDS must not provide a security service as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Section 4(4) (7));In terms of the Act (Section 4(4)(b) STEWARDS are responsible for the:- marshalling & overseeing of the general flow of spectators;- provision of event information, including safety & security information to spectators- provision of ushering services;- provision of assistance with emergency evacuation procedures to persons within a stadium or venue and its precincts.IRM
64 The National Commissioner must: NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4)What, practically speaking, are the responsibilities of the SAPS National Commissioner from a categorized event perspective?The National Commissioner must:- establish event safety & security planning committees (ESSPC’s) for High & Medium Risk Events; and- appoint “Authorized Members”;- appoint VOC commanders;- where authorized, issue spectator exclusion notices.IRM
65 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTSThe National Commissioner must:Consider the event risk categorization schedules submitted by event organizers;Make a risk categorization i.r.o. each event contained in an event risk schedule;Provide reasons to an event organizer as to the refusal of an event risk categorization;Categorize each event reflected on an event schedule as either Low; Medium or High Risk;IRM
66 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTS (cont’d)The National Commissioner must:Furnish written notification to the Event Organizer of the risk categorization of each of the events appearing on an event schedule;Consider any written representation by an Event Organizer who is dissatisfied with any event risk categorization and inform the said Event Organizer, in writing, of the outcome of any re-consideration of an event risk categorization;Furnish written notification to a Local Authority of all the events which are scheduled to be held within it’s jurisdiction as well as the applicable risk level attributed to each of the said events;IRM
67 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTS (cont’d)The National Commissioner must, in making a risk categorization for an event (match), take the following factors into account :Historic data re popularity of match; relevance of outcome of match;Venue location & expected attendance based on historic/current factors;Suitability of a stadium/Venue from a safety & security infrastructure perspective;Certified safe capacity of stadium/venue;Crime statistical trends at stadium/venue;Historical incidents at prior/similar events;IRM
68 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTS (cont’d)The National Commissioner must, in making a risk categorization for an event (match), take the following factors into account :The day of the week, time of day the event is to be hosted;Sport event factors (rivalry of teams, historic fan behaviour);Historic medical, safety & security data relating to an event;Age profile of attendees to an event;International, domestic or local socio-economic, political or security related factors;The expected weather or other natural conditions in the lead-up to & during the event.IRM
69 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTS (cont’d)The National Commissioner must, in making a risk categorization for an event (match), take the following factors into account :Commencement time and anticipated duration of the event;Information relating to any proposed sale of liquor at the event inc. impact of previous sales of liquor at similar events;The availability of police officials and emergency & essential service personnel to assist at an event;The nature of any pre-event (match) entertainment & marketing promotions at the event (match); andAny other matters considered relevant.
70 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) – cont’d RISK CATEGORIZATION OF EVENTS (cont’d)The National Commissioner may:Refuse to make a risk categorization if it does not contain sufficient information relating to an event;Consult any person in the making of any event risk categorization;Take into account any other information relating to the making of any event risk categorization;
71 NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) - (Cont’d) The National Commissioner may, amongst others:- direct a :- controlling body;- event organizer (e.g. University sports & recreation department re University organized event); or- a stadium ownerto implement additional safety & security measures for an Event;- prohibit the sale of Event tickets on the day of an Event;
72 The National Commissioner may, amongst others (Cont’d): NATIONAL COMMISSIONER RESPONSIBILITY FOR SAFETY & SECURITY AT EVENTS (Section 4) - (Cont’d)The National Commissioner may, amongst others (Cont’d):- prohibit the sale of Event tickets on the day of an Event;- stipulate conditions for the hosting of High Risk Event;- prohibit or restrict admission of certain persons to an Event by the issuing of a prohibition notice;- issue spectator exclusion notices;- amend or replace a safety certificate.
73 STADIUM OR VENUE OWNER RESPONSIBILITIES I.T.O. THE ACT Stadium or Venue Owners are responsible to undertake, amongst others, the following statutory duties provided for in the Act:- fully co-operate with and assist SAPS, the ESSPC and the VOC Commander in the carrying out of their respective functions i.t.o. the Act (see Section 4 (2) of the Act);- be represented, from an event safety & security perspective, at an event (see Section 4 (5) of the Act);- be represented in a VOC in respect of a medium or high risk event;- assume the responsibilities of an event organizer if the event organizer fails to meet any contracted statutory safety & security responsibilities i.t.o. the Act e.g.- deployment of private security & safety stewards;- placement of public liability insurance for event;- appointment of event safety officer;- appoint an access control officer (See Section 20 of the Act);- apply for stadium or venue safety certification as contemplated in Sections 8, 9 & 10 of the Act.
74 LOCAL AUTHORITY RESPONSIBILITIES I.T.O. THE ACT Local Authorities (e.g. Mangaung Municipality) are responsible to undertake the following statutory duties provided for in the Act:- appointment of inspectors to ensure compliance with the Act;- issuing of annual existing stadium or venue safety certificates;- the issuing of event risk grading certificates (inc. safe stadium/venue capacities);- issuing of new stadium or venue design certificates;- issuing if safety certificates i.r.o. the alteration or extension of stadiums or venues;- amendments of existing, new or amendment/extension safety certificates
75 EVENT SAFETY & SECURITY PLANNING COMMITTEES (Section 15) National Commissioner must appoint a SAPS officer (with at least the rank of Captain) as an “authorized member” to, amongst others, establish an Event Safety & Security Planning Committee (“ESSPC”) for each event categorized as medium or high risk.The Authorized Member, as Chairperson of the ESSPC:- appoints the members of the committee;- manages and co-ordinates the powers & duties of the Committee; and- directs measures relating to safety & security at an event.
76 EVENT SAFETY & SECURITY PLANNING COMMITTEES (Cont’d) The Committee consists of persons appointed & authorized by:National Commissioner/Authorized member;Local Disaster Management;Controlling Body;Stadium/Venue Owner;Event Organizer;Emergency Service provider;Health & Medical service provider;State Security services;Provincial health;Private security service provider;Local Authority Section 14 InspectorVolunteer representative (where applicable);Any other person deemed necessary by the SAPS Authorized Member.
77 Functions of Event Safety & Security Planning Committees (Section 16) Consider the categorizations of events and where appropriate, due to changed circumstances, make written recommendations to the National Commissioner for event risk re-classification;Prepare a written event specific safety & security plan (High Risk Events=National Commissioner approval) to co-ordinate the functions of event safety & security role-players;Assignment of specific tasks to safety & security role-players relating to:- event safety measures;- event medical measures;- event security measures;- deployment of SAPS members;- deployment of private security service providers;- emergency & essential service measures;- the VOC.
78 Functions of Event Safety & Security Planning Committees (Cont’d) Determine, with regard to a specific event (Match), measures relating to:- spectator and vehicle access control;accreditation;adequate access & accommodation for persons with disabilities;- the control of liquor and prohibited substances;- the control of tobacco usage;- environmental control;- vendor control;- corporate hospitality;- volunteers;- communication;- spectator exclusion notices;- accredited training of stadium, venue and event personnel;- event ticketing safety measures;prohibition notices; andthe control of prohibited & restricted objects.
79 Functions, Duties & Powers of Event Safety & Security Planning Committees (cont’d) Demarcate:- any site/area for restricted entry by way of accreditation card or event ticket only;- any zone surrounding or adjacent to stadium/venue or a route as an exclusion zone where only Event Organizer authorized commercial activities can take place.Advise:- any Controlling Body, Event Organizer or Stadium/Venue Owner to take such steps as may be required for the safeguarding of the stadium/venue or a route as well as the protection of the people therein/thereon.
80 Functions, Duties & Powers of SAPS Authorized Members Authorized Members, appointed in writing by the National Commissioner, either in general or for a specific event are responsible for the undertaking of the following statutory duties i.t.o. the Act:establish an ESSPC for a medium or high risk event (Section 15 (2));act as Chairperson of the ESSPC (Section 15(4)(a));appointment of the members of the ESSPC (Section 15(4)(b));manages & co-ordinates the powers & functions of the ESSPC (Section 15(4)(c));has overall authority to direct measures relating to safety and security at a medium or high risk event (Section 15(4)(d));determine which safety & security role-players must staff a VOC at medium or high risk event for the duration of an event (Match) (Section 17 (3) (a));- act as VOC Commander or designate a suitably qualified & experienced SAPS Officer (minimum rank = Captain) to act as VOC commander (Section 17 (3) (b));
81 Functions, Duties & Powers of SAPS VOC Commanders VOC Commanders i.e. Authorized Members or suitably qualified & experienced police officers with a minimum rank of Captain appointed by an Authorized member, are responsible for the undertaking of the following statutory duties i.t.o. the Act:ensure that a proper VOC contingency & operational plan is prepared by the ESSPC for a medium or high risk event (Section 18(4) (a));ensure that a VOC plan for a high risk event is approved, in writing, by the National Commissioner (Section 18(4) (b));ensure that a VOC plan is distributed to all of the VOC role-players/staffing for that event within certain specified timeframes (Section 18(4) (c));:- 30 days prior to an annually scheduled event; or- lesser period as authorized by VOC Commander or Authorized member in writing.
82 VENUE OPERATIONS CENTRE (VOC) – Section 18 The nerve centre of any proper safety & security delivery at an event. Act provides for:Compulsory establishment of a VOC (permanent or temporary) for Medium & High Risk Categorized Events only;responsibility for the establishment of the VOC:- Stadium/Venue Owner (Stadium/Venue);- Event Organizer (event along a route);ESSPC may approve VOC exemptions;The SAPS Authorized member must determine which role-players or their representatives must staff a VOC during an event;VOC Commander must ensure the compiling and timeous distribution of a written contingency & operational plan for an event by the ESSPC.
83 VENUE OPERATIONS CENTRE (VOC)-Cont’d VOC ROLE PLAYERS/STAFFING:The SAPS Authorized Member must determine which of the following safety & security role- playersmust staff a VOC at medium or high risk event for the duration of an event (Match):police officials (SAPS);the disaster management services;the private emergency medical services;the fire department of the relevant local authority;the National or Provincial health department or a member of the health department of the relevant local authority;local authority traffic department;the private security service provider(s);
84 VENUE OPERATIONS CENTRE (VOC)-Cont’d VOC Role-Players/Staffing (Cont’d):the controlling body;the event organiser;the stadium or venue owner;the safety officer;volunteers;any person whom the safety and security planning committee or VOC commander authorizes in writing;
85 VENUE OPERATIONS CENTRE (VOC)-Cont’d Authorized Member must act as VOC Commander or designate a suitably qualified & experienced SAPS Officer (minimum rank = Captain) – Section 17 (3) (b) who must ensure that:A proper written VOC contingency & operational plan is in place for each medium or high risk event;A plan for a High-Risk event is approved, in writing, by the National Commissioner;The said VOC event plan is distributed to all of the VOC role-players/staffing for that event within certain specified timeframes:- 30 days prior to an annually scheduled event; or- lesser period as authorized by VOC Commander or Authorized member in writing.
86 ACCREDITATION/ACCESS TO DESIGNATED AREAS (Section 18) The controlling body, event organiser, or the stadium or venue owner (this may be determined by contract), in consultation with the ESSPC may, in order to control access to any designated area within a stadium, venue or along a route require any person who is a/an:participant;official;person who provides logistical support;emergency and essential service official;police official;security officer;host stadium or venue employee, contractor or sub-contractor;steward;health official;
87 ACCREDITATION/ACCESS TO DESIGNATED AREAS (Cont’d) invited VVIP or VIP;event sponsor representative;media representative;official event broadcaster representative;volunteer;VOC representative;vendor; orperson required to provide a support function in terms of the safety and security plan;to be accredited for the purposes of access to designated areas.
88 ACCREDITATION/ACCESS TO DESIGNATED AREAS (Cont’d) Measures Applicable to Accreditation for Designated Areas:Must be clearly identified by notice at each accredited access control point ;Access by accreditation card only;Access control officer may refuse access to designated area in specified circumstances;Access control officer may remove a person from designated area in specified circumstances;
89 EVENT TICKETING (Section 19) The following requirements relating to event ticketing, may be put in place by either a controlling body, event organizer or stadium/venue owner:Persons may be required to purchase a ticket for an event;Access to an event may only be gained by way of a valid ticket (day & time specific) or with written permission of an event organizer/stadium or venue owner;Total tickets sold for an event may not exceed certified safe capacity of stadium/venue (Section 19 (3));Ticket sales at stadium/venue may be prohibited by the National Commissioner on the day of the event (Section 19(4));
90 EVENT TICKETING (Section 19)- (Cont’d) The following requirements relating to event ticketing, may be put in place by either a controlling body, event organizer or stadium/venue owner:If ticket sales to a high risk event are allowed on an event day – they must be conducted at least 1 kilometer away from the stadium/venue at a suitable location designated by the event ESSPC (Section 19(5));;Minimum event information has to be printed on event tickets (Section 19 (7)):- name of stadium/venue and location of stadium/venue;- nature of the event;- date, day & time of the event;- basic layout plan of the stadium/venue with block or sector spectator orientation info;- conditions of entry to the event.Ticket Touting is prohibited (See commercial prohibitions in Section 5 (2)).
91 SPECTATOR & VEHICLE ACCESS (Section 21) A Controlling Body, Event Organizer or a Stadium/Venue Owner may, in writing, appoint a duly appointed Access Control Officer & Peace Officers who have the following powers:Lawful search/screening of any person/vehicle entering a stadium/venue or other Designated Area (Peace Officer);Lawful seizure of prohibited/restricted items (Peace Officer);Use of electronic search/screening equipment (Peace Officer);Failure to abide by the lawful directives of the Access Control Officer or to un-lawfully enter a Designated Area constitutes an offence.
92 PROHIBITION NOTICES (Section 21) Act provides for the issuing of official notices prohibiting/restricting events in certain circumstances:Decision makers:National Commissioner (or his Authorized Member)Event Safety & Security Planning CommitteeVOC commanderWhat are the relevant circumstances which will have to be taken into account?serious risk to spectatorsPractical examples:unsafe temporary grandstandticket selling irregularitiespower outagesState intelligence information re planned disruption or act of terror of/at an eventProvision for Appeals - High Court.
93 SPECTATOR EXCLUSION NOTICES (Section 22) If the ESSPC, Authorised Member or the VOC commander has reasonable grounds to believe that there is a threat that the attendance of a person or group of persons may result in the disruption of an event or cause injury to a person or damage to property, the SAPS member or VOC commander may issue a Spectator Exclusion Notice.International standards or guidelines in respect of spectator exclusion, may be prescribed by the Minister of Police, after consultation with the National Commissioner, to be taken into account in deciding whether the attendance of a person or group of persons at an event is regarded as undesirable or not.
94 EVENT SAFETY & SECURITY MEASURES (Section 23) The ESSPC, after taking into consideration the risk categorisation of a medium or high risk event, must ensure that prescribed measures relating to:safety;health and medical services or facilities;security;the deployment of private security service providers;emergency and essential servicesare in place for that event.
95 DEPLOYMENT OF STATE SECURITY SERVICES (Section 24) The National Commissioner/Authorised SAPS member must, relative to the risk of an event, ensure that the necessary State security measures and deployments are in place for an event.If a number of events are hosted on the same day in a specific area and the authorised SAPS member has reason to believe that the police will not be able to provide adequate policing for an event the said SAPS member must:- notify the relevant controlling body, event organiser or stadium/venue owner, as the case may be, accordingly; &- take such reasonable steps, including negotiating with any person, to mitigate the possible lack of adequate policing to ensure the protection of persons and property at that event.
96 The Safety at Sports & Recreational Event Act, 2010 (Act no 2 of 2010) - THE PRACTICAL IMPORT -DEPARTMENT OF SPORT & RECREATION ADMINISTERED PROVISIONS OF THE ACT
97 APPEALS & APPEAL BOARD (Sections 26- 42) Act provides for fair administrative law procedure & processes relating to the prosecution of appeals by persons (natural & juristic) who are aggrieved by administrative decisions effected in terms of the Act.These include:- risk categorization of an event;- the issuing of any category of safety certificate;- administrative amendments to risk categorizations,designations & any category of safety certificate;- the issuing of a prohibition notice;- the issuing of a spectator exclusion notice.NOTE: Minister of Sport & Recreation, on the advice of the National Assembly, is responsible to appoint an Appeal Board of at least 7 members.
98 PUBLIC LIABILITY INSURANCE (Section 25) A Controlling Body, Event Organizer or a Stadium/Venue Owner are jointly and severally responsible to ensure that sufficient Public Liability Insurance cover is in place for an event;The insurance cover must be sourced from a registered short or long term insurance broker.Authorized Member or VOC Commander to ensure that current & valid copy of public liability insurance policy, applicable to Event, is submitted by event organizer or stadium/venue owner prior to the commencement of the event.
99 FEES (Section 43)The Act envisages the raising of fees by way of regulation, to assist Government with the required funding to administer the Act.
100 The Safety at Sports & Recreational Event Act, 2010 (Act no 2 of 2010) - THE PRACTICAL IMPORT -OFFENCES & PENALTIES I.T.O THE ACT
101 OFFENCES & PENALTIES – Section 44 ACCOUNTABILITYAs is the case with the implementation of most forms of legislation for which there are criminal penalties for non-compliance – the authorities have allowed some time for effected stakeholders to implement the Act. This is particularly whilst the relevant authorities have been putting in place the required regulatory infrastructure.However 15 months have now passed since the promulgation of the Act. The SAPS delegations are now imminent and the Appeal Board is in the process of being established. In addition, as stated earlier, there are number of provisions of the Act which were immediately implementable with the passing of the Act.As such – going forward:Any failure by Controlling Bodies, Stadium/Venue Owners, Operators, Event Organizers & other Public Safety Officials referred to in the Act to comply with their statutory responsibilities i.t.o. the Act may have the following criminal consequences for their senior officials:Criminal penalties ranging from 5 to 20 years imprisonment or the equivalent fine (substantial) or both such imprisonment & such fine..,
102 OFFENCES & PENALTIES (Cont’d) The following acts/behavior, inter alia, will constitute an offence :- entering of designated area without prior authorization;- touting/un-authorized event ticket promotions;- breaching of event ticket conditions;- contravention of spectator exclusion notices;- contravention of prohibition notices;- failure to put public liability insurance in place;
103 OFFENCES & PENALTIES (Cont’d) The following acts/behavior, inter alia, will constitute an offence :- failure to submit an event risk categorization schedule to the National Commissioner (SAPS);- organizes an event at a stadium/venue where no current existing stadium/venue safety certificate is in place;- undertaking construction of a new stadium/venue without a new stadium/venue design certificate;- undertaking alterations/extensions of a stadium/venue without the required safety certification i.t.o. Section 10 of the Act;- erecting temporary alterations/extensions/structures at a stadium/venue without the required safety certification i.t.o. Section 10 (3) of the Act;