Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Thursday, 28 April 2016

Mbalula's latest outburst is good for TV, but in law it cannot be correct!

On 25 April 2016 Mr Fikile Mbalula announced that he was going to punish four of South Africa's National Federations for lack of transformation. See: http://www.timeslive.co.za/sport/other/2016/04/25/Mbalula-punishes-sporting-federations-for-lack-of-transformation

But can he do that?

Does any legislation currently enacted in South Africa give him such powers?
Did a single journalist investigate with which legal powers he is acting with his dramatic announcement on 25 April 2016?

Is it that the Sports Minister, like the rest of the government, just doesn't give a damn about the Constitution?

It would be nice if for once if journalists did their homework and asked the relevant questions.

One wonders how he can forbid these National federations from hosting events when the Minister has not yet issued Regulations for such in terms of section 14(jC) of the National Sport and Recreation Act?

The truth is that he can't 'ban' an event, he can just pull government support .

Tuesday, 28 July 2015

"Once more unto the breach, dear friends, once more!"

As in the past when only the MSSA would stand up in SASCOC meetings and vote against unsound policies, it seems as though only the MSSA is speaking out against the Minister's proposed amendments to the Sport and Recreation Act.

In a recent press release by the MSSA, which was also apparently sent directly to the Minister, the MSSA stated:

“In short it is hard to believe that any lawyers actually wrote such amendments.
The grammar is poor, the concepts vague, in places in direct  conflict with the country's constitution, encroaching on the  powers of other legislation and ministries, and at times      totally devoid of any meaningful definitions.

It is safe to say that many International Federations will at least 
baulk at the level of government interference that will be the result of 
these amendments. At the worst, such International Federations will 
cease to have anything to do with South African National Federations 
should these amendments come into play.

Also, as an unexpected outcome of such amendments, whereby both 
administrators and athletes shall be criminalised, I expect here to be a 
mass exodus of both from the sporting arena, which in turn, should shut 
down most of the codes in the country.

Is that really what SRSA wants?

It is thus the MSSA's opinion that the proposed amendments be thrown 
back to the Ministry and reworked.”

It is also believed that the MSSA has sent the comments to each and every National Federation in the country, as well as to SASCOC, in order to make them aware of the changes and to make them aware of the effect that the amendments will have on all sport in South Africa.


So, again, the MSSA like a noble knight upon a white charger, defends the many when those who are far more capable, in terms of manpower, resources, etc., choose to remain silent!

The full MSSA comment on the proposed amendments may be found on http://www.news24.com/MyNews24/The-MSSAs-comment-on-proposed-changes-to-the-national-sports-and-recreation-act-20150727