Briefing to Select Committee: SAIDS Bill Update

Update on SAIDS Amendment Bill process, A-List Bill adoption, and arbitration matters for Select Committee consideration and further processing. Department presented Draft Bill to amend SAIDS Act to ensure WADA Code compliance.

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• SAIDS Bill
• Committee Update
• WADA Code
• Department Presentation
• A-List Adoption

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Presentation Transcript

1. Briefing to the Select Committee on Education and Technology, Sports, Arts and Culture regarding the SAIDS Bill [B 41B-2023] (sec 75) 8 May 2024 (DSCA)

2. PURPOSE The purpose of this presentation is to : update the Select Committee on Education and Technology, Sports, Arts and Culture on the process undertaken by the Portfolio Committee on Sport, Arts, and Culture with regard to the SAIDS Amendment Bill; The Adoption of theA-List Bill of the SAIDS Act; 2006by thePortfolio Committee on Sport, Arts and Culture present the details of the NA adoption of the South African Institute for Drug-Free Sport Amendment; 2024 (the B-list Bill); update the Select Committee on Education and Technology, Sports, Arts and Culture regarding the arbitration matter between WADA and SAIDS; and recommend that the Select Committee on Education and Technology, Sports, Arts and Culture to consider the presentation for adoption and further processing.

3. BACKGROUND The Department presented the Draft Bill to amend the South African Institute for Drug-Free Sport Act; 1997, as amended to Cabinet of the Republic on the 4thof October 2023. Cabinet noted the recommendations and approved the processing of the Amendment Bill, to ensure alignment and compliance with the WADA Code. The Bill was tabled before Parliament on 24 November 2023. On 28 February 2024 a presentation on the Draft Bill to amend the SAIDS Act was made to Select Committee on Education and Technology, Sports, Arts and Culture

4. PORTFOLIO COMMITTEE ON SPORT, ARTS AND CULTURE The Portfolio Committee on Sport, Arts and Culture held written and oral submissions on the SAIDS Amendment Bill with various stakeholders, which include the following: Athletics South Africa; Body Building South Africa; Boxing South Africa; Free State Academy of Sport; National Treasury of South Africa; South African Rugby Union The South African Institute for Drug-Free Sport Culture, Arts, Tourism, Hospitality & Sport Sector Education and Training Authority South African Sport Confederation and Olympic Committee The last oral submissions were held on 11 March 2024. On 13 March 2024, The Department responded to the oral and written submissions made to the Portfolio Committee, with the following effect:

5. NON-COMPLIANT PROVISIONS CLAUSE 1 CLAUSE 2 Clause 1 of the Bill substitutes section 1 of the principal Act in its entirety. The words in the definitions are now defined so as to bear the meaning contained in the Code. In terms of section 2 of the Principal Act, SAIDS is established as a corporate body which essentially means that it is a juristic person. In terms of the PFMA the SAIDS is a national public entity and is listed in Part A of Schedule 3 to the PFMA. Clause 2 of the Bill, therefore, seeks to replace the phrase corporate body with the phrase public entity and to provide that the SAIDS is a National Anti-Doping Organisation of the Republic. This seeks to make it express and convenient for the reader of the principal Act to know that the SAIDS is a public entity and a National Anti-Doping Organisation. The rationale for these amendments was that given that the Code has periodic reviews and amendments, WADA recommended that the definitions bear the definition as set out in the Code currently in force". Some of the other definitions have been repealed because the operational function of such defined word/words does not exist and are not aligned with the Code, whilst others were inserted to align with the new amendments as well as the Code CLAUSE 3 Clause 3 amends Section 10: which deals with the Objects of the Institute so as to promote and ensure the adoption of a centralised doping control programme, which focuses on implementing intelligent testing, both in and out of competition, on athletes over whom it has authority. WADA suggested that advance testing notice should be removed as this should only occur in exceptional circumstances Other amendments were consequential e.g. Sports Information and Science Agency (SISA) was replaced by the term Department CLAUSE 4 Clause 4 amends Section 11 dealt with drafting styles as well as alignment with the Code. For e.g: Registered Testing Pool testing pool to testing pools Therapeutic Use Exemption the use of CAPS and the insertion of abbreviation (TUE)

6. NON-COMPLIANT PROVISIONS Clause 6 Section 17 of the Act, deals with Appeals and is the major part of the SAIDS Act found to be non-compliant. In consultation with WADA, the whole section 17 had to be repealed and replaced with a new clause 17 titled Results Management . Results Management will be the responsibility of, and will be governed by the procedural rules as well as the anti-doping rules of SAIDS aligned with the principles of the WADA Code and relevant International Standards. Results Management provides for two adjudication processes, the establishment of the Independent Doping Hearing Panel (IDHP), as a first-instance hearing panel, to hear and determine whether an athlete or other person are subject to the anti-doping rules of SAIDS has committed an anti-doping rule violation and if applicable to impose relevant consequences. there is also the establishment of the Anti-Doping Appeal Board, of which the Minister appoints its members.

7. NON-COMPLIANT PROVISIONS The Bill prescribes the composition and the term of office of the Appeals Board. Appeals involving International-Level Athletes shall be heard by the Court of Arbitration for Sport (CAS) in accordance with the relevant provisions of the Code. The Bill contains a transitional provision, meaning any proceedings pending before the IDHP at the commencement of this Act must continue and conclude as if they commenced in terms of this Act, under the jurisdiction of the IDHP.

8. THE PORTFOLIO COMMITTEE ON SPORT, ARTS AND CULTURE 19 March 2024 WADA confirmed that the amendments appear to be in line with the Code, however, contingent on the formal adoption of the wording and text as indicated in the list of amendments proposed by the portfolio committee coupled with the relevant wording of the Bill. The Department together with Parliament Legal Advisors and SAIDS effected the minor suggested amendments by WADA on 20 March 2024 (which have been subsequently addressed in slides 5 and 6). The NA adopted the South African Institute for Drug-Free Sport Amendment Bill [B 41B-2023] on 25 March 2024. The Department received the Select Committee on Education and Technology, Sports, Arts and Culture, 2nd Term Programme Framework, with the directive to brief the Committee on the SAIDS Amendment Bill [B 41B-2023] (sec 75).

9. ARBITRATION MATTER BETWEEN WADA AND SAIDS CAS procedural timeline 14 June 2024: WADA to submit its Statement of Claim 31 July 2024: SAIDS and DSAC to file their Response 26 September 2024: CAS Hearing

10. Consequences of Non-Compliance with the Act South Africa will not be awarded the right to host regional, continental, and World Championships, and Events organized by Major Event Organizations until SAIDS is re-instated; South Africa s flag will not be flown at regional, continental, and World Championships, and Events, organized by Major Event Organizations (other than the Olympic Games and Paralympic Games), until SAIDS is Reinstated; South Africa s flag will not be flown at the Olympic Games and Paralympic Games until SAIDS is re- instated; SAIDS will lose its WADA privileges, until reinstatement; and SAIDS representatives will be ineligible to sit as members of the boards or committees or other bodies of any signatory or associations of signatories until SAIDS is reinstated.

11. RECOMMENDATION It is recommended that the Select Committee: take note of the amendments to the SAIDS Bill as adopted by the National Assembly; and consider the presentation and if amenable, adopt the Bill for further processing.

12. THANK YOU