So what is a club?

Mind Sports South Africa (MSSA) accepts clubs into membership that are:

• Non Profit Companies (NPC),
• Associations, 
• Universities, and 
• Schools.

All member clubs have the following benefits:

• Being part of a community where your club has a real say in how things are done
• Being able to apply for National Lottery Funding – MSSA member clubs can apply for up to R800,000.00 in funding
• Being able to get assistance from your local government
• Experience increased media exposure of your events and your gamers
• Become part of the international community through the MSSA Registered players are able to become internationally recognised umpires, etc.
• Enable your gamers to take part in MSSA events, which may qualify them for Regional, Provincial, and National colours, overseas trips, and even sports bursaries at university, and 
• Have all of its events accredited as official events.

However, there seems to be much confusion as to how a member club runs itself.

A member club is:

• It's own legal persona, 
• It may run its own events for its own members as well as for the public at large,
• It may have as many teams as it desires, and in the case of Universities, may have teams in each residence, and
• It is the member of MSSA and the club alone, through its elected office-bearers, deals with MSSA.

Also read:

• Affiliation: Schools
• Affiliation: Private clubs
• Affiliation: Advantages of affiliation
• Calendar of  Events: 2021
• Calendar of Events: 2022 - Proposed
• Colours: Regional Colours
• Colours:2021 South African National High School Colours - Esports 
• Colours: 2021 South African National Primary School
• Selection: 2021/2022 National Squads
• Entry: South African National Board Games Championships - 4 & 5 December 2021.
• Events: MSSA's South African National Online Esports Championships - 4 December 2021.
• Entry: South African National Wargames Championships - 4 & 5 December 2021.
• Esports titles selected: MSSA's High School Championships.
• Esports titles selected: MSSA's Student Championships
• Esports titles selected: MSSA's Premier Championships.
• Ladder: National Ladder Champions
• Notices: The various events held by Mind Sports South Africa.
• Qualifiers: Counter-Strike: GO
• Rankings: Clash Royale
• Rankings: Counter-Strike: GO
• Rankings: Morabaraba
• Rankings: Pro Evolution Soccer (PES)
• Results: 2021 Combined Online Provincial Schools Championships
• Results: MSSA's 2021 FREE STATE Online Provincial Championships
• Results: 2021 Gauteng Online Championships
• Results: KwaZulu Natal Online Provincial Championships
• Results: MSSA's 2021 NORTH WEST Online Provincial Championships
• Results: 2021 South African Online National High School Esports Championships
• Results:  Western Cape Online Provincial Championships
• Results: Derby - Old Edwardian
• Results: Derby - Old Edwardian and ZAG Academy
• Transfer season: 1 November 2021 to 28 February 2022

Esports Congress in Nigeria adopts a federal structure.

Nigerian Esports Federation's new and improved logo.

The Esports governing body in Nigeria, Nigerian Esports Association has taken another major step as part of its reform programme to meet global standard.

 At its sixth national congress hosted by the Nasarawa State Chapter of the body, it adopted a new name as Nigeria Esports Federation (NeSF).

The General Secretary of the Nigeria Esports Federation, Tewom Chrysantus Tah, said the decision for the new name was adopted in line with the recommendation of its last congress meeting in Abuja. During the meeting, it was resolved that states should be Associations while the national body should be called Federation.

The President of the Nigeria Esports Federation, Mr Agbor Clinton, reaffirmed that the body will continue with its objective of making the game of esports a household name in Nigeria. He said that the change of name is to meet up with global standard, stressing the need for all to embrace change and work for a better Nigerian Esports Federation.

Officials of Nigeria Esports Federation at Nasarawa
State University to dopt the new name of federation

“Let me once again thank the Nasarawa State Chapter of the Nigeria Esports Federation for a successful hosting of the national congress. I must thank the Chairman/Coordinator Mallam Tanko Abdulahi and his  team for the high level of hospitality shown to the Nigeria eSports Federation here in the University of Nasarawa  Keffi, the venue of this congress. As part of our esports education drive, Nasarawa state University will play host to the first ever University esports competition to say a big thank you to the V C, management and entire students of the institution." said the president.

 Also speaking, the Chairman of Competitions and Sponsorship Mr. Kennedy Agbogo said plans are on the way for students competition in PS 3 and 4 as well as car racing in the Nasarawa State University, Keffi campus.

Mr. Kennedy further said that the top three winners will have their school fees paid as winners of the competition, ladies eSports players will also be given special treatment to encourage women in the game of eSports.

The Nigeria Esports Federation has mapped out special programmes to give the women opportunities to embrace esports in Nigeria as to be key players in the industries.

Adeline Shuri Abuja
Nigeria

Freedom of association.

Esports athletes in action at a MSSA event.

The following question was received:

"Is it possible for a team within an unaffilated MGO to affiliate with MSSA and not the whole MGO?"

If a team is a member of a MGO (Multi Gaming Organisation), and such MGO does not want to affiliate, but the team within such MGO wishes to play in MSSA events in order to take advantage of MSSA events and to hopefully be selected for the South African Protea Esports Team.
A team may affiliate itself tp MSSA as a club. A club only needs at least three individual members in order to constitute itself as a club, as, acoording to South African law, multiplicity of membership is required.

The biggest stumbling block, for some, may be that their current MGO has a contract in place which specifically prohibits the person from representing another club. All gamers should be aware that the South African Constitution (Chapter 2, section 18) enshrines the individual's right to freedom of association. This extends to esports as much as it does tto anything else. Thus such contracts, may very well be illegal as such contracts may very well be in conflict with the rights afforded to an individual by South Africa's Constitution. Should any athlete have any questions in this regard, please contact mindsportscorrespondence@gmail.com

Colin Webster's testimony before the Zulman Commission of Inquiry.

Colin Webster at the Zulman Commission of Inquiry.

MSSA's General Secretary, Colin Webster, also appeared before the Zulman Commission of Inquiry which is investigating maladministration in SASCOC.

In his testimony, Colin Webster raised the following:

• SASCOC as a Company and as a Voluntary Association
• Unlawful payments by the NDLTF to the SASCOC (NPC's) bank account
• Enabling activities by the then Minister of Sport and Recreation, Mr Fikile Mbalula
• The 'so-called' suspension of Mind Sports South Africa
• Issues surrounding the Collins' Commission of which he was a member
• The dissolution of the Legal and Arbitration Committee when it started to investigate one of its own members
• Victimisation of those who spoke out against SASCOC
• The attempt by SASCOC to silence him through the Adv. David Beasley tribunal
• SASCOC's unlawful interference in the affairs of its members

Without doubt the most serious of all the allegations are those surrounding SASCOC as a Company and as a Voluntary Association.

SASCOC was registered on 26 November 2004 as a Non Profit Company (a Section 21 company under the old Act) under company number 2004/033949/08. The company remains registered and in business to this day according to CIPC.

The registered directors are:

SAMBASIVAN RAMSAMY - Director Active

MARK RANDALL ALEXANDER - Director Active

HAJERA KAJEE - Director Active

LESLIE DANIEL WILLIAMS - Director Active

REMEMBER RAYMOND MALI - Director Active

MARSHA MARESCIA - Director Active

AURELIA BONGEPHIWE MTHETHWA - Director Active

GIDEON NAPOLEON SAM - Director Active

LEHLOHONDLO JAMES LETUKA - Director Active

MUBARAK MAHOMED - Director Active

JAYSEELAN NAIDOO - Director Active

The Companies Act was amended in 2008, coming into effect on 1 May 2011, however,  certain clauses were not in full effect until 1 May 2013.

However, SASCOC took a decision to create a voluntary association under the same name.

It adopted a constitution in those terms on 26 September 2015.

SASCOC purported to ‘convert’ itself from a company to a voluntary association via this process, which was obtained via resolution passed by the members of the company at a meeting of a company.

It must be noted that there is no provision in the Companies Act 71 of 2008 for a company to ‘convert’ to any other legal entity. The Co-operative Act 14 of 2005 permits a company to convert to a Co-operative, but under that Act subject to stringent requirements.

Accordingly, what SASCOC attempted to do in 2015 was not possible in law. 

All that was achieved was to create a second legal entity so that SASCOC is now a company and a voluntary association.

The consequences of this are the following:

• SASCOC has publically (and according to all notifications to its members) ceased to carry on its operations under the banner of the company.
• Accordingly, SASCOC has ‘transferred’ staff, assets, bank accounts, contract, etc, from the company to the voluntary association without any legal grounds for doing so.
• The directors of SASCOC NPC (listed above) have effectively assets-stripped the company in favour of the voluntary association, despite their fiduciary duties to the company as directors.
• SASCOC, the NPC, is the legal entity recognised as by the Minister of Sport in terms of the National Sport and Recreation Act. The Minister has not terminated that recognition and recognised the voluntary association in its place. Accordingly, the voluntary association is acting illegally by purporting to act as the Sports Confederation in terms of the National Sport and Recreation Act.
• SASCOC NPC is also the body which was affiliated to the IOC and several other international bodies, although the voluntary association has taken over that affiliation without reapplying afresh.
• SASCOC NPC is further the body registered with SARS for tax. The voluntary association could not just take over that registration or exemption as a Public Benefit Organisation.

The full impact of SASCOC’s conduct of purporting to ‘convert’ to a voluntary association is that the rules of governance have changed dramatically. This is best explained as follows:

In terms of the Companies Act, the company does not have special powers vis-à-vis its members (it is impossible to think of Anglo-American taking over one of its shareholders if it is unhappy with that shareholder). The rules of governance are geared towards the members holding the board of directors of the company accountable, and not the board of directors hold the company accountable.

Schedule 1 of the Companies Act has rules relating to Non Profit Companies. The ones which impacted SASCOC the most were that:

• One third of the board of directors have to be replaced each year. SASCOC has never complied with this provision.
• Membership can only be voting or non-voting – it is not possible to have differently weighted votes.
• Ex officio membership is not permitted. So a board member cannot become a member by virtue alone of being a board member. This means that board members (unless they have other rights in their personal capacities) do not have the right to vote as such at SASCOC members’ meetings.

SASCOC could provide for how membership could (or would) be lost. However, it would be in conflict with many provisions of the Companies Act for SASCOC to take over a member (or place it under administration, as SASCOC terms it).

Accordingly, all acts committed before September 2015 in which SASCOC purported to interfere directly (as opposed to suspending or terminating membership) in the affairs of its members was in conflict with the Companies Act and therefore invalid and unlawful. (The SASCOC Articles/Constitution or MOI, whatever term it uses, cannot trump the Companies Act. Section 5 of the Act provides for the situations where the Companies Act will not automatically prevail, and nowhere is SASCOC mentioned.)

By purporting to ‘convert’ to a voluntary association SASCOC has attempted to avoid the governance provisions of the Companies Act and rather resort to the rather looser basis of a voluntary association (purportedly based in contract). The reasoning being that the members of SASCOC can agree to SASCOC interfering in their affairs by agreeing to it in a constitution. Accordingly, any member of the SASCOC voluntary association is subject to its constitution and to any action taken against then by SASCOC when it is acting as the voluntary association. However, members who did not agree to join the voluntary association are protected by the Companies Act, and all members who were interfered with prior to 2015 would have a claim against the directors and senior management of SASCOC for any harm caused.

The directors of SASCOC NPC have been derelict in their duties by permitting the asset stripping of the company in favour of the voluntary association. Further, in so far as they violated the rights of any members in breach of the provisions of the Companies Act, they have been delinquent.

The directors have also failed to hold meetings of the company since 2015, and have not continued to produce financial statements of the company or fulfil their other functions as directors. On these grounds they should be reported to the Companies Tribunal to take action against them in their personal capacities.

Being part of the process.

People who have served MSSA as umpires in the past: Glenn Andrew, Nick Holden, and Clint O'Shea.

MSSA as an association of members, is best described as a vehicle where all  the participants have a voice in where it is headed.

Thus no member is ever left behind. However, it must be noted that while not every member's voice will be acted upon, ever voice will be heard, and dissenting voices are often taken into account to make policies better.

It is therefore important to note that the office-bearers are thus only there to enact the wishes of the members.

In fact any Registered Player is able to stand for any position.

As such MSSA has a longevity that no private company would ever have as MSSA is driven by people with passion and love of the game rather than just mercantile interests and a desire to make monetary profit.

Thus the following positions are available for any Registered Player who wishes to stand:

Province

Eastern Cape Provincial Director

Gauteng Provincial Director

KwaZulu Natal Provincial Director

Mpumalanga Provincial Director

Northern Cape Provincial Director

North West Provincial Director

Please note that only Registered Players may stand for the position in the province in which they live.

Closing dates for nominations is 15 January 2018.

It's all about leaving a legacy.

From time-to-time gamers query why MSSA has taken the association rather the profit-making-company route.

The answer  is simple.

In the profit-making-company route, the entire system is dedicated to making money for the owners. no matter what anybody claims, the people who really win in such  a system are the owners. Whether it is through increased marketing for their other products or whether by increased profit on a personal level.

Thus private ventures of this type are not, in my opinion, interested in doing development - as it just does not pay.

Thus, enter the association.

The association  is more concerned  with the athlete and  the rights of the athlete.

By expending monies and resources on building up systems from a grass-root level, structures are put into  place that are not only sustainable, but can  also weather the storm in the event of a dismally performing economy.

Only the associations are prepared to  play the long-game and to  invest in areas which otherwise are quite unprofitable.

However, it is those unprofitable ventures that may result in bigger dividends in the future. Who would have thought that MSSA's Mpumulanga Championships would turn into the second largest LAN Championship in the country, only to be eclipsed by MSSA's Gauteng LAN Championships.

Not only is the association the only type of structure willing to embrace development and transformation, but through  the work of the association a legacy is left behind.

Through the years of effort and toil of countless volunteers, athletes have been afforded the opportunity of obtaining an education, of developing their skills, and of claiming a piece of immortality through always being  remembered.

Now that MSSA too has its channel on Tuluntulu, even more doors are being opened for members and the athletes affiliated to such.

The legacy being created by MSSA is unsurpassed and will continue for many decades to come.

MSSA not owned by anyone!

Just one of the many benefits offered by MSSA - international competition.

Mind Sports South Africa (MSSA) takes the legal form of an unincorporated voluntary association.

Voluntary associations can  be defined as legal  relationships that  arise from an agreement to achieve a common objective, primarily other than making and division of profits.

MSSA is endowed with a legal personality which is based on its constitution, objectives and activities, as inferred from MSSA's rules.

As such MSSA has perpetual succession, that  is, it may continue to exist from year-to-year in spite of changes of its membership. MSSA too is separate from its members, and no member is allowed to acquire any interest in the assets of MSSA.

As such, nobody owns MSSA, nor are any persons or bodies allowed to own any part of MSSA.

Any Registered Player may too be elected onto any committee.

MSSA exists as long as there is a multiplicity of members.

The membership itself consists of unincorporated associations, non-profit companies, and schools.

Affiliation to MSSA is done according to procedure as set out in MSSA's Constitution and Regulations. 

Since membership is based on contract, member clubs enjoy specific benefits which are wide ranging and important to the life and existence of MSSA.

Such rights include, but are not limited to, nominating candidates for election, voting, participation in MSSA events, and so forth.

Thus MSSA is the only true vehicle that can truly represent gamers.

Building for the future.

People who have served MSSA as umpires in the past: Glenn Andrew, Nick Holden, and Clint O'Shea.

MSSA as an association of members is best described as a vehicle where all  the participants have a voice in where it is headed.

Thus no member is ever left behind. However, it must be noted that while not every member's voice will be acted upon, ever voice will be heard, and dissenting voices are often taken into account to make policies better.

It is therefore important to note that the office-bearers are thus only there to enact the wishes of the members.

In fact any Registered Player is able to stand for any position.

As such MSSA has a longevity that no private company would ever have as MSSA is driven by people with passion and love of the game rather than just mercantile interests and a desire to make monetary profit.

Thus the following positions are available for any Registered Player who wishes to stand:

Province

Eastern Cape Provincial Director

Free State Provincial Director

Gauteng Provincial Director

Limpopo Provincial Director

Northern Cape Provincial Director

North West Provincial Director

Western Cape Provincial Director

Please note that only Registered Players may stand for the position in the province in which they live.

Closing dates for nominations is 15 January 2017.

Formation of the British eSports Association.

Formation of the British eSports Association.

A new not for profit organisation to represent competitive video gaming at all levels.

London – June 30^th 2016: Following authority from the UK Government today sees the establishment of the British eSports Association.

Located at Pinewood Studios, British eSports, acting as the National Governing Body for eSports in the United Kingdom, will work in conjunction with the Department for Culture, Media and Sport to help and represent players at all levels; develop a grassroots competitive video game scene that will nurture future talent; support existing professionals and provide the infrastructure to create future British global champions. The activities for British eSports will be easily accessible at www.BritisheSports.org, a portal providing the latest news on events, teams and leagues, alongside impartial advice for both players and parents.

“The establishment of the British eSports Association is an important initiative in furthering the credibility of the eSports industry in the UK. Pinewood is excited to be part of this National Governing Body for eSports and is aiming to have a new National Training Centre for eSports to help with grassroots and future British Champions,” commented Jules Robinson, Head of Business Development, Pinewood Studios.

The not for profit organisation, British eSports will be chaired by AndyPayne OBE, with Chester King in the role of acting CEO. The next three months will see a consultation period, during which British eSports will be gathering feedback from the UK eSports sector to ensure it fully represents the interests of individuals, teams, game publishers and broadcasters alike.

Andy Payne, chair of British eSports, added, “I am an admirer of the work of other sports associations such as British Cycling, and I am very confident that if we welcome and embrace all parties in the UK eSports scene, we can deliver a range of benefits to all players, from professional to amateur in the UK over time. These are exciting times in eSports and the time is right to build this organisation from the grassroots up.”

Thoughts and ideas can be sent to info@britishesports.org.

For further information please contact:

Caroline Miller, Indigo Pearl

Caroline@indigopearl.com

0208 964 4545

Ghana has an eSports federation!

First there was South Africa, then Namibia, which was quickly followed by Egypt, Zimbabwe, and Tunisia that created National eSports Federations.

However, now there is Ghana under the leadership of the ever energetic Ebenezer Kwesi Hayford.

The Ghanaian eSports Association, which is only one-year old and based in the city of Accra, has already successfully applied for membership of the Confederation of African eSports (CAeS) and is hoping to be accepted into membership of the International eSports Federation (IeSF) later this year.

With the inclusion of Ghana into CAeS, eSports takes another  step forward to be included in the All African Games and further helps create a greater awareness of  eSports as a fully accredited sport among African states.

The addition of yet another African State will also further help Africa compete on a wider international level.

Confused by sports law - then read this!

Employees of Sport and Recreation South Africa: 

It is often said that South Africa law is becoming too complicated. This is debatable, it certainly seems to be proving a challenge for the Minister of Sport and Recreation and his department.

Let’s start by sketching some background. The Companies Act, 2008 provides for the creation of a company known as a Non Profit Company (also known as an NPC). (The equivalent provision in old Companies Act was the Association Not For Gain or s 21 Company.)

The Non-Profit Organisations Act, 1997 on the other hand deals with the registration and regulation of Non-Profit Organisations (or NPOs). NPOs are in many cases voluntary associations which are registered in terms of the Act.

They are completely types of organisations and are dealt with differently. There are even different government departments which look after them.

There is no provision in the Companies Act for a company to become a Non-Profit Organisation (and vice versa). The Companies Act only provides for a company, under very narrow circumstances, to become a Co-operative, but other than there is no provision in that Act for a company to become something other than another type of company.

There’s a good reason for that – a member of the public dealing with a company needs to know who they are dealing with. If the company is allowed to chop and change what type of legal entity they are there would be no protection for creditors, etc. You enter into a contract with a company based on the provisions of the Companies Act and suddenly you find it is no longer registered with the CIPC because it has decided to become something else with different rules applying. You may not have entered into the contract if you knew the organisation was not a company.

It is also important to understand that if a Company is wound up in terms of the Companies Act it is dissolved and ceases to exist. If a new organisation starts up using the same name, it cannot be regarded as the same organisation.

To give an example, ABC Company employs staff and is registered for Income Tax, VAT, Employees’ Tax, etc and has all the relevant registration numbers. The owners decide to wind up and start over again as DEF Company. They have to retrench their staff, pay off any debts, and have the company deregistered. Then they have to register with SARS all over again as DEF Company. They also aren’t the employers of the staff at ABC Company. That all seems obvious.

The only way ABC can transfer everything to DEF is to pay all of ABC’s debts, transfer all left over assets to DEF, transfer the staff to DEF in terms of the Labour Relations Act, and then close ABC down. It is not possible for ABC to transfer it’s debts to the DEF without all the creditors’ agreement. Also, any court cases with which ABC is involved will end with its dissolution, unless the court grants it leave to substitute DEF as a new party in its place.

Any properly trained lawyer will tell you this. But it seems the Minister (Fikile Mbalula) and his department (SRSA) do not have access to any of them. Or at least his response to a question asked in Parliament by Mr MS Malatsi (DA) last year would indicate that to be the case.

When asked where he was aware that the non-profit company of SA Sports Confederation and Olympic Committee (SASCOC) had indicated its dissolution in its 2014 financial statements, the Minister responded that he and his department were “fully aware that SASCOC was converting from an NPO (sic) registered in terms of the Companies Act to a Voluntary Association” and further that “the SASCOC membership took a resolution at its Special General meeting on 9^th November 2013 to dissolve the NPO (sic) SASCOC as of the 31^st March 2014 and adopted a constitution and the formation of SASCOC as Voluntary Association. The Assets and Liabilities of the NPO SASCOC will be transferred to SASCOC the Voluntary Association.”

As we have seen, an NPO is registered in terms of the Non-Profit Organisations Act, and not the Companies Act. SASCOC is also a Non Profit Company, not an NPO.

There seems to be no consideration of the fact that debts can’t just be transferred. Otherwise anyone could just call a bank up and tell them that they have transferred their overdraft to their friend. Try that and see how far you’d get.

In response to further questions the Minister clearly refers to SASCOC NPC being wound up in terms of s 80(2) of the Companies Act.

But the Minister further states that a body called SASCOC is still recognised as the macro sports body, claiming that it is still in existence as a voluntary association now and no longer a company. As we have seen, once a company deregisters it ceases to exist and any new organisation has to start from scratch. It is not the same organisation.

This, of course, has far reaching consequences, which need to be dealt with otherwise it will create a legal headache in years to come.

Since a company cannot ‘convert’ to a voluntary association, if SASCOC has formed itself as a new organisation it will have to have done, at the very least, the following:

• Registered afresh with the tax authorities.
• Signed new leases on all property and equipment it rents.
• Transferred all its staff from the company to the association, in terms of the Labour Relations Act.
• Settled all its debts or obtained the agreement of its creditors to allow the new organisation to accept the liability to pay the debt.
• Terminated any court cases with which it is involved or obtained the leave of the court to substitute the new organisation in place of the company. It is known that SASCOC NPC is involved with several court case, including a high profile defamation case against Graeme Joffe. With SASCOC NPC dissolving, that will have to end, as it is inconceivable that someone can sue for defamation on behalf of someone else.
• Asked the Minister to end the recognition of SASCOC NPC as the macro sports body in terms of the National Sports and Recreation Act and recognise the new body in its place.

The Minister and his department, and SASCOC (whether the company or the voluntary association), seem to burying their heads in the sand and not dealing with a legal dilemma they have created by the hasty decision to deregister as a company, after they found the provisions of the Companies Act to be too onerous. If nothing is done to correct the mistaken which have been and are being made, future generations of sportspeople and administrators could find themselves paying for them.

As a matter of interest, SASCOC NPC is still registered with the CIPC as being in business, over year after it was supposed to be wound up. Even more interestingly, SASCOC was registered as a Non-Profit Organisation on 25 April 2006 and is still registered. So we have a SASCOC which is an NPC, one which is an NPO and one which is a voluntary association. Confused? You are not the only one.