Draft legislation – Sport, clubs and fitness organisations

 

NATIONALISATION OF SPORT CLUBS – COMMUNISM – BOLSHEVISM – CONTROL OF ALL BUSINESSES – A new draft amendment bill by the Department of Sports, Arts and Culture is looking to bring all sports codes, clubs and fitness organisations under the direct regulatory control of the minister – which could mean bad news for South Africa’s participation in international events.    The bill, released by the department earlier in December, has been published for written inputs from the bodies affected.

Image result for sport and gyms south africa

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The amendment process includes the establishment of a Sport Arbitration Tribunal to resolve disputes between sport or recreation bodies; regulate combat sport; regulate the fitness industry; provide for the procedure in bidding for and hosting of international sports and recreation events. Kobus Marais, The South African Sports Federation’s added that the draft laws take away all power from sports bodies while adding more responsibilities and pressure.

Among the many proposed changes in the bill is the removal of the independence of sports bodies, which would now have to develop ways to promote their sports in consultation with the Minister,Nathi Mthethwa who will now have the power to step-in directly and deal with disputes in sports. The department will also be handing out penalties to organizations if they do not comply with the prescriptions in the Act which includes fines facing jail time.Furthermore, Virgin Active and Planet Fitness will also have to register and be certified by the department.

SA Government plans to nationalise all sports ,clubs and gyms in SA

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According to the department, it seeks to amend the National Sport and Recreation Act to broadly “provide for the promotion and development of sport and recreation”.

This includes establishing a Sport Arbitration Tribunal to resolve disputes between sport or recreation bodies; regulate combat sport; regulate the fitness industry; provide for the procedure in bidding for and hosting of international sports and recreation events; provide for the delegation of powers; provide for offences and penalties; and to provide for matters connected with these.

Among the many proposed changes in the bill is the removal of the independence of sports bodies, which would now have to develop ways to promote their sports in consultation with the minister, as well as giving the minister power to step-in directly in any disputes within sports.

The department also wants to assume full control of all sports codes, with its oversight extending to “any national federation, agency, club or body, including a trust, professional league, or registered company of such a national federation, agency, club or body, involved in the administration of sport or recreation at local, provincial or national level.”

This would ostensibly include fitness groups like Virgin Active and Planet Fitness, which would have to register and be certified by the department.

The department would also be empowered to hand out penalties to organisations or aforementioned clubs if they do not comply with the prescriptions in the Act, including fines and up to two years in jail.

6 planned laws for South Africa you should know about in 2020

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Government’s plan to ‘nationalise’ all sports, clubs and gyms in South Africa

A new draft amendment bill by the Department of Sports, Arts and Culture is looking to bring all sports codes, clubs and fitness organisations under the direct regulatory control of the minister – which could mean bad news for South Africa’s participation in international events.

The bill, released by the department earlier in December, has been published for written inputs from the bodies affected.

According to the department, it seeks to amend the National Sport and Recreation Act to broadly “provide for the promotion and development of sport and recreation”.

This includes establishing a Sport Arbitration Tribunal to resolve disputes between sport or recreation bodies; regulate combat sport; regulate the fitness industry; provide for the procedure in bidding for and hosting of international sports and recreation events; provide for the delegation of powers; provide for offences and penalties; and to provide for matters connected with these.

Among the many proposed changes in the bill is the removal of the independence of sports bodies, which would now have to develop ways to promote their sports in consultation with the minister, as well as giving the minister power to step-in directly in any disputes within sports.

The department also wants to assume full control of all sports codes, with its oversight extending to “any national federation, agency, club or body, including a trust, professional league, or registered company of such a national federation, agency, club or body, involved in the administration of sport or recreation at local, provincial or national level.”

This would ostensibly include fitness groups like Virgin Active and Planet Fitness, which would have to register and be certified by the department.

The department would also be empowered to hand out penalties to organisations or aforementioned clubs if they do not comply with the prescriptions in the Act, including fines and up to two years in jail.

The draft amendments can be read below:

https://businesstech.co.za/news/government/363014/government-wants-to-nationalise-all-sports-clubs-and-gyms/
https://www.scribd.com/document/440613472/National-Sport-and-Recreation-Amendment-Bill-2020-19082019-0#from_embed

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  • A new draft law proposes a Fitness Industry Regulatory Authority, set up by the minister of sport.
  • It would act as an umbrella body for other “fitness controlling bodies” – and directly register establishments and professionals.
  • That means gyms and personal trainers would be accredited, and can be closed down or suspended.
  • The new body may also be a first stop for those who can’t get gym contracts cancelled.
  • For more stories go to the Business Insider South Africa homepage.

Gyms and fitness trainers will be answerable to a new body that will be set up by the minister of sport, under a new draft law – with the power to close down gyms and suspend the registration of fitness professionals if they break the rules.

The Fitness Industry Regulatory Authority is one proposal in the draft National Sport and Recreation Amendment Bill published for public comment in December. The law is intended to give the minister of sport more direct control of sporting codes and to create various new bodies, including one to regulate “combat sport” and a Sport Arbitration Tribunal.

But the change with the biggest impact would be the fitness regulator, which under the current draft has wide powers and responsibilities that seem to cover pretty much anything resembling a gym, and anyone who helps others get and stay fit in exchange for money.

If passed, the law would allow the minister of sport, currently Nathi Mthethwa, to establish the fitness regulator by decree, creating its rules and power by publishing them in the Government Gazette, and appointing its five board members.

That body will then have whatever powers the minister gives it, and will wield them over “fitness establishments” and “fitness professionals”, funded by an annual “subscription fee” levied on gyms according to their size.

The law proposes that the regulator will have the specific power to “close a fitness establishment”, or suspend the accreditation of a gym or trainer if they fail to comply with regulations.

It also makes provision for the inspection of gyms to check their compliance with “applicable law”, and “the issuing of sanctions”.

The only direct hint at the nature of the rules that would be applied comes in the form of a prescript that the regulator must ensure that safety measures are in place before grading establishments by their size and equipment.

The fitness regulator is also due to create dispute-resolution mechanisms, which could potentially include a forum for consumers to take complaints about gyms, such as the common trouble of cancelling gym contracts.

https://www.businessinsider.co.za/gyms-and-trainers-to-be-licenced-by-fitness-regulator-2020-1

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