PRESENTATION ON PROPOSED DRAFT SA INSTITUTE FOR DRUG-FREE SPORT AMENDMENT BILL TO THE PORTFOLIO COMMITTEE ON SPORT AND RECREATION AT PARLIAMENT ON 25 AUGUST 2015 1

BACKGROUND TO SAIDS AMENDMENT BILL The Bill is a product of extensive amendments made to the World Anti-Doping Code which necessitate that member countries amend their anti-doping legislation as a result thereof, amongst others; and The Bill also reflects proposed amendments as suggested by the SA Institute for Drug-free Sport in order to improve and enhance the contents and impact of the Principal Act. 2

The purpose of the Bill is, amongst others,- PURPOSE OF SAIDS AMENDMENT BILL The purpose of the Bill is, amongst others,- to amend the South African Institute For Drug-free Sport Act 1997 (Act No.14 of 1997) so as to insert new definitions; to provide for an inquiry with regard to the removal of a member of Institute from office and for the resignation of a member; to make provisions for a calling for the removal of a member of Institute or for the dissolution of the Institute; to provide for the appointment of interim members of the Institute; to provide for the consent in random testing of learners in schools that participate in sport; and to provide for matters connected therewith. 3

ESSENTIAL PROVISIONS OF SAIDS AMENDMENT BILL The legislative drafting process arose, amongst others, out of the need to redress the problems that have emanated from the Principal Act which include the following, amongst others: The lack of jurisdiction to test school children involved in sport; The compliance with a Cabinet memo insofar as the institution of State entities are concerned; and No clear powers in the current Principal Act exist for the removal and appointment of an interim Institute for Drug-free Sport in case where the Institute could not form any quorum; The exclusion of recreational activities such as fitness industry in the current Principal Act, hence the Amendment Bill gives the Institute sufficient powers to at random test, search and inspect fitness establishments in the fitness industry; The lack of sufficient prohibitions relative to the possession and distribution of unlawful substances; and Providing for an effective penalty clause relative to any failure to adhere to certain provisions of the Principal Act. 4

The procedure to be followed with regard to – ESSENTIAL PROVISIONS OF SAIDS AMENDMENT BILL Certain definitions have been amended, especially “national federations” (e.g. a national federation must now have affiliate members in not less than five provinces and must recognized by (a) SRSA as the only authority for the administration and control of the relative code of sport in the Republic and (b) by the relevant international controlling body for that particular code of sport; The procedure to be followed with regard to – (a) the appointment or resolution to remove an Institute member; (b) the dissolution of Institute and the establishment of appointment of interim Institute and its members respectively, have been addressed in the Bill. 5

ESSENTIAL PROVISIONS: TESTING OF SCHOOL LEARNERS The Institute may request the school governing body, parents or a legal guardian consent for a learner participating in sport in writing to arrange for- (a) a learner to undergo doping control in order to determine whether he or she has been using prohibited substance or methods; (b) the laboratory analysis of the sample for that purpose; (c) the Institute to be given information arising out of the making of such request, including information regarding: (i) an evasion, or an attempt evasion, by a person of a request to provide a sample; (ii) the aiding, abetting, counseling, or procuring of such an evasion, or attempted evasion, by the learner; (iii) any failure by the learner upon receipt of consent by parent or legal guardian to provide such a sample; (iv) any interference with the provision, collection or testing of the sample; or (v) the results of testing. 6

ESSENTIAL PROVISIONS: TESTING OF SCHOOL LEARNERS cont’d The Institute must in prescribed manner provide for the procedure and sample collection kit to be used for the collection of a sample from a learner in preparation for sport event; The learner with the consent of the parent or legal guardian must submit himself or herself for testing in order to detect the usage of prohibited substance published as an Schedule to the SAIDS Act; The parent or legal guardian must consent prior to the testing of prohibited substance for learners who are under the age of 18 years; The school or school governing body must upon receipt of the consent allow the Institute to conduct testing in terms of this Act; The Institute must in the prescribed manner provide for the procedure guidelines for entering the school and testing of prohibited substance to the learners; and The Minister and Minister of Basic Education must, after consultation with the Institute, publish the procedure guidelines in the Government Gazette within 30 days after the promulgation of this Act. 7

ESSENTIAL PROVISIONS: TESTING FOR DOPING IN FITNESS INDUSTRY The testing for doping at recreational events and fitness industry have now been empowered by the Amendment Bill (e.g. the Institute may request any person at a recreational event or in the fitness industry to submit him or herself for doping control, etc.); Provision has also been made for the inspection of premises and the powers of entry and inspection by inspectors of the Institute (e. g. a person appointed in writing as an inspector by the Institute, may enter a fitness industry venue, or other business premises that provide sports supplements at any reasonable time during the day to conduct an inspection and make such inquiries as may be necessary to ensure that prohibited substances are not distributed to any athlete or sports person in terms of this Act, etc.); 8

Lastly, provision has also been made for – ESSENTIAL PROVISIONS: PROHIBITION NOTICES AND APPOINTMENT OF INSPECTORS Moreover provision has also been made for the issuing of prohibition notices prohibiting the distribution of substances as prescribed from time to time by WADA or for persons for commercial purposes to- (a) obtain or possess a prohibited substance with the intention to sell or use it; or (b) directly or indirectly sell, dispose of or promote or advertise such substance in the media, newspaper, or electronic media; Lastly, provision has also been made for – (a) the appointment of inspectors by the Institute to do inspections as alluded to above; (b) the establishment of a performance management system and good governance principles by the Minister to monitor and evaluate the performance of the chairperson and other members of Institute; and (c) the auditing of the books and accounts of the Institute annually by a person registered as an accountant. 9

ESSENTIAL PROVISIONS: OFFENCES AND PENALTIES Offences and penalties: a contravention of certain sections of the Act, may lead to a fine or to an imprisonment for a period between 5 to 15 years, or to both a fine and such imprisonment. 10

(a) is currently in its 4th draft form; and WAY FORWARD The Bill – (a) is currently in its 4th draft form; and (b) has already been presented to and internally been approved by SRSA MANCO; (c) has already been approved by the Minister in principle; and (d) has already been consulted with external role players and stakeholders for their comments and inputs, which includes the Chief State Law Adviser’s office; The deadline for inputs was 31/7/15; and Legal Services of SRSA are currently considering all inputs received thus far and are in the process refining the 5th draft of the Bill. 11

THANK YOU, QUESTIONS ???? 12