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PRESENTATION TO PORTFOLIO COMMITTEE ON SPORT AND RECREATION ON THE CURRENT STATUS OF THE SASREA APPEAL BOARD.

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Presentation on theme: "PRESENTATION TO PORTFOLIO COMMITTEE ON SPORT AND RECREATION ON THE CURRENT STATUS OF THE SASREA APPEAL BOARD."— Presentation transcript:

1 PRESENTATION TO PORTFOLIO COMMITTEE ON SPORT AND RECREATION ON THE CURRENT STATUS OF THE SASREA APPEAL BOARD

2 SASREA APPEAL BOARD MAIN FUNCTION: It has been established as the Appeal Board to hear and decide upon appeals against decisions made in terms of the Safety at Sports and Recreational Events Act, 2010 (Act No. 2 of 2010) (‘’SASREA’’). DURATION OF APPOINTMENT: A member of the Appeal Board is appointed for a period of two years, but is eligible for re-appointment. The term of office of the current Appeal Board members expire on 2 June 2018. QUORUM AND DECISIONS OF APPEAL BOARD: Four members of the Appeal Board, which must include the Chairperson or the Deputy Chairperson, constitute a quorum at any meeting of the Board. A decision of the majority of the members present at any meeting constitutes a decision of the Board and, in the event of an equality of votes, the Chairperson has a casting vote in addition to his deliberative vote. EXPENDITURE AND REMUNERATION OF APPEAL BOARD MEMBERS: The Department of Sport and Recreation is responsible for expenditure of the Appeal Board and the remuneration of its members in consultation with the Minister of Finance as motivated hereunder.

3 STATUTORY FUNCTIONS OF APPEAL BOARD
In addition to hearing any dispute arising in terms of this Act, the Appeal Board may hear appeals involving a person who is aggrieved by a decision or the terms and conditions attributable to that decision regarding— (a) the risk categorisation of an event; (b) the issuing of a— (i) safety certificate as contemplated in certain sections of the SASREA; (ii) prohibition notice; or (iii) spectator exclusion notice; (c) the amendment of— (i) the risk categorisation of an event; or (ii) a safety certificate or notice contemplated in paragraph (b). The Appeal Board may confirm or set aside any decision taken in terms of this Act and may, in the place of any decision so set aside, impose a decision which in its opinion is appropriate. 3

4 APPEALS APPEALS: A person who is not satisfied with a decision taken against him or her under this Act may, within 14 days, lodge a written appeal with the Appeal Board established under section 26. The appeal must be submitted with a written statement to the Chairperson of the Appeal Board setting out the grounds upon which the appeal is based. Until any appeal has been decided by the Appeal Board, the decision must be regarded to have been validly made or given. The prosecution of an appeal in terms of this section must follow the prescribed procedure. The Appeal Board must promptly decide and dispose of an appeal lodged before it and in any case must ensure that the object of lodging the appeal is not defeated by the Appeal Board’s delay in reaching its decision. No appeals have thus far since the promulgation of the SASREA been lodged with the Appeal Board.

5 SASREA APPEAL BOARD ACTIVITIES
All the SASREA Appeal Board members attended an induction meeting in 2016 where, amongst others – a presentation was made to Appeal Board which encapsulated a synopsis of the main provisions of the SASREA and its regulations which have or may have a bearing on the role, responsibilities and functions of the Appeal Board; their respective concerns and proposals were discussed; and a presentation was made to them by a senior official of the Department of Finance in relation to their respective remuneration and financial processes associated therewith. As no appeal has thus far since the promulgation of the SASREA been lodged, it was suggested that the Board meets once per annum alternatively- (a) as and when appeals are actually lodged by appellants due to practicalities and financial constraints, amongst others; or (b) on an urgent basis as and when required in special circumstances.

6 SASREA APPEAL BOARD ACTIVITIES
The following documents must be drafted in terms of the SASREA and its regulations: (a) a procedural document which must determine the procedure to be followed by the Board and appellant once an appeal has been lodged (already drafted and in the process of being submitted to Appeal Board members for their inputs); (b) a disclosure of financial interest document which must be completed and signed by all members of the Board on each occasion when an appeal is considered (already drafted, submitted to Appeal Board members, and returned with their inputs); and

7 SASREA APPEAL BOARD ACTIVITIES CONT’D
(c) a remuneration policy for tabling, adoption and approval by the Appeal Board (e.g. traveling time to be compensated depending on the distance radius, compensation for unavoidable staying over period if traveling from Cape Town for instance, etc.) once both the Ministers of Finance and Sport and Recreation have concurred and approved the remuneration scales of the chairperson, deputy chairperson and members (this has already been drafted, approved by Appeal Board and submitted to the Director-General of SRSA for his approval). The DG must still sign off the draft letter whereby a duly completed Treasury questionnaire as signed off by the Chairperson of the SASREA Appeal Board and DG of SRSA which, amongst others, - (i) deals with the remuneration scales of the SASREA Appeal Board members; and (ii) needs to be forwarded to the Central Evaluation Committee of the National Treasury for its consideration and recommendations. The outcome of the evaluation and the recommendation process will be based on the legislative mandate of the SASREA Appeal Board. Once both the Ministers of Finance and Sport and Recreation have concurred and approved the remuneration scales, the remuneration policy may be tabled, adopted and approved by the SASREA Appeal Board.

8 COMMUNICATION WITH ROLE PLAYERS
All role players and stakeholders (inclusive of SASCOC) have extensively by way of s been informed of- (a) the establishment and existence of the Appeal Board with effect from 15 April 2016; (b) the role, responsibilities and functions of the Appeal Board; and (c) its relevant empowering provisions in terms of  the SASREA and its Regulations. Moreover these role players and stakeholders have also been requested to circulate this notification of the established SASREA Appeal Board, its role, responsibilities and functions and the right of any person aggrieved by a decision taken or not taken in terms of the SASREA to lodge an appeal afresh to their clients, members, clubs, associates, affiliates, institutions, public entities and any other person or body who they think may possibly benefit in this regard for their cognizance and consideration. Thus far no appeal has been lodged with SASREA Appeal Board as yet.

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