Since an organisation is ultimately the
result of societal needs and shares collective goals that are linked
to both its internal and external environment, such organisations can
take many different forms.
There are a variety of legal types of
organisations (although we will only be looking at those used for
eSports), however, since sport in South Africa is governed by the
Sports and Recreation Act of 1988 (as amended), the types of
organisations that may be used are regulated by South African law.
Such organisations may be:
- companies, being associations incorporated in terms of the Companies Act,
- national federations made up of associations,
- provincial federations made up of associations,and
- clubs made up of associations or individuals.
Essentially, any organisation that does
not have a constitution or founding documents in line with the South
African Companies Act is either run as a partnership (if ownership is
jointly claimed by more than one person, or as a sole-trader (if
ownership is claimed by a single person). It is the constitution (or
founding documents) that ultimately defines the organisation and
spells out the nature of such organisation.
It is important to note that the owners
of a partnership and the owner of a sole-trader are personally liable
for all debts.
Organisations that are of a profit
making venture
These include:
- Sole-traders,
- Partnerships, and
- Companies that are of a profit making venture.
The above listed bodies are excluded
from applying for the benefits that are listed below.
Organisations that are non profit
organisations
These include:
- Non profit companies,
- Clubs, and
- Associations.
All of the above qualify for all the
benefits as listed below.
Benefits of a properly Constituted
organisation
The benefits that accrue to
sole-traders and partnerships are indeed limited. Not only are the
owners liable to be taxed in their own hands for all sponsorships and
winnings, and are liable in their own right, but none of the benefits
which accrue to properly constituted organisations can be accessed by
sole-traders and partnerships.
The benefits which may be accessed by
properly constituted organisations are:
- Local government funding,
- Provincial Government funding
- National government funding
- Jack Cheetham Award (R500,000.00 for the winning programme)
- Letsema Award (R500,000.00 for the winning programme)
- Funding from the National Lottery Trust Fund
- Participation in the S A Sports Awards
- Participation in Regional Sports Councils
- Participation in the Provincial Sports Councils
- Participation in Mind Sports SouthAfrica
- Limited liability for the members and office-bearers (depending on the Constitution)
Public Access to Information Act of
2000 (PAIA)
The Promotion of Access to Information
Act was passed in 2000, its main aim is to allow members of the
public to assert their right to information.
The Act requires that all public and
private bodies register PAIA manuals. Certain levels of business may
qualify for the further extension to 31 December 2015 while other
still have to submit their manuals in terms of the legislation to the
Commission.
These private bodies that have been
granted the extension are those which operate in specific sectors,
with 50 or more employees OR operate in specific sectors and have an
annual turnover equal to or exceeding specific amounts.
According the SAHRC website, "while
these private companies no longer have to submit manuals during the
period of the new exemption they are not exempted from complying with
the rest of the Act."
There are legal penalties that may be
imposed for non-compliance.
List of National Organisations
|
Name
of organisation |
Type
of organisation |
|
South African Sports Confederation and Olympic Committee (SASCOC) |
Non Profit Company |
|
Mind Sports South Africa |
Association |
List of other organisations
|
Name
of organisation |
Type
of organisation |
|
Knights
Mind Sports Club |
Association |
|
Pretoria
Boys eSports Club |
Association |
|
Roedean
Mind Sports Club |
Association |
|
St
John's Mind Sports Club |
Association |
|
University
of Witwatersrand Wargames Club |
Association |