PROVINCIAL SPORTS COUNCILS LEGAL FRAMEWORK 1. Preamble The South African Sports Confederation and Olympic Committee took a decision to engage the Provincial Structures in relation to the existence and revival of the Provincial Sports Councils (PSC). This was done through a consultative process. SASCOC set up a three person committee to assist by visiting and meeting with key stakeholders at the provincial level. Two meetings were held nationally to outline the process and re-confirm the aims and objectives of the exercise. The recommendations of the consultative process were also presented to the SASCOC General Meeting to get further inputs and endorsement on the roles of PSC within the mandate of SASCOC. This document is drawn to sketch out a clear constitutional framework which is in line with the Act and Articles of Association on the PSC policy and functional areas. The outcomes of the above meetings clearly stated that proper process should be followed taking cognizance of the legal aspect in relation to the Act and the Articles of Association of SASCOC. It is also evident that various stakeholders see the incredible role that PSC will play in the sports fraternity. The following were resolutions taken at a General Meeting: That NF’s inform the Provincial Federations to play an active role in the formation of Provincial Sports Councils to effect meaningful change for their specific sport. That NF’s ensure total inclusivity and transparency in the formation of Provincial Sports Councils. That Provincial Sports Councils must devise an appropriate funding mechanism for the advancement of transformation and development. That all strategic partners such as provincial DSR, SALGA, PAS and Provincial Federations form part of the composition of Provincial Sports Councils. That the affiliates of SASCOC develop and formalize the status of Provincial Sports Councils into final membership of SASCOC. 1 2. Structure 2.1 Name of Organization The name of the organisation shall be called the Provincial Sports Council, herein referred to as Name of Province PSC. 2.2 Head Quarter The PSC shall endeavour to solicit a permanent place of abode, from the PDSR, for the purpose of its meetings and housing of its office resources and infrastructure. 2.3 Mandate and Aim of Provincial Sports Councils The mandate, aim, role and responsibilities of the “PSC” are drawn from SASCOC Articles of Association and the Provincial Sports Policy The aim and role of the “PSC” is to enhance sport development in the Province with special reference to: Transform sport and recreation within the Province ensuring encapsulation of all sectors of the Provincial society Increase participation of sport and recreation and encourage healthy lifestyles Encourage and coordinate the establishment of District/Regional Sports Councils and allow such District/Regional Sports Councils to affiliate to the Provincial Sports Council. The Provincial Sports Council shall seek formal membership with SASCOC that allows for continual representation at SASCOC The Provincial Sports Council to initiate strategic partnership with the PDSR to ensure implementation of specific sports projects and infrastructure within the province The Provincial Sports Council shall, through its Districts/Regions initiate partnership with local government structures and municipalities. The Provincial Sports Council shall initiate partnership with School Sports as well as Tertiary Sport through the National Federations The PSC to encourage inter-Districts/Regional cooperation in training and coaching The PSC to encourage, guide and support inter-Districts/regional sports competitions. The PSC should uphold the custodian rights of Provincial and /or districts/regional sports codes, and not interfere in their sport except for matters of policy that are contrary to that of the PSC or to SASCOC. 2 2.4 Role and Responsibility Act as an advisory body- Evaluate and assess needs of the sporting organization at provincial level and provide guidance based on the National Strategy. Coordinating sports at the provincial and local levels including performance and development in conjunction with the Provincial Department. To be part of the Planning Process of the Provincial Departments Advocate on transformation and development. To lobby and advocate political stakeholders to support the initiative and other programmes of sports. To initiate partnerships with the private and public sector regarding resources needed to sustain sport programmes. Establish strategic partnership with the municipality on the building needs and usage of facilities. To periodically conduct audits on the state of affairs within its constituency. To monitor, evaluate and report on the activities of the Sport Councils. 2.5 Executive Committee The elected officials of the PSC shall comprise the following members: Chairperson Vice –Chairpersons being the elected chairpersons of two of District/Regional Sports Councils Secretary Treasurer Two additional members The Executive Committee shall consist of 7 members At least two members shall be women At least one member shall represent sport for people with disabilities The Executive Committee shall serve for a period of three years, renewable for a second term and justified at election at the AGM Executive Committee may co-opt or appoint persons to the Executive Committee, necessary for the mandate of the PSC The day-to-day affairs of the PSC shall be conducted by the Executive Committee The Executive Committee shall meet at least four times a year to manage the operations of the PSC The Executive Committees may establish short –term task teams from its own ranks or from the affiliated membership for the fulfillment of the mandate of the PSC The short-term task team shall report all its findings or research to the Executive Committee for ratification and implementation. 3 Corporate Governance To operate in a transparent and accountable manner To ensure demographic distribution of resources and representation of the Provincial sport sector, with full emphasis on the marginalized youth, women, disabled persons and rural communities To be legally compliant to the Constitution of the PSC, the Governance Charter for Sport in South Africa (as adopted by SASCOC) and the rules and laws of the Republic of South Africa To promote the idiom of Fairness in Sport as prescribed in the Olympic Charter To contribute to the transformation of sport development in relation to racial and class inequities To increase, expand and necessitate the increase in sport in the Province The Executive Committee together with a special committee of the PSC shall examine all applications, by its membership, to the National Lotteries. It shall verify such application with SASCOC for approval – highlighting the merits of the application in relation to the priorities of the province. In the absence of PSC meeting the audited financial requirements of the National Lotteries, the applications in the interim, shall be made under the banner of the PAS All Provincial Federations who have the necessary audited financial statements and who apply to the National Lotteries for funding must also have their application verified and justified by the PSC and its special committee and then presented to SASCOC for approval All applications to the National Lotteries, from local municipalities, shall also need to carry the verification of the Provincial Sports Councils and approval by SASCOC. 2.6 Funding and Financial Year End Funding shall be obtained from all possible sources, including the public and private sectors. Funding from the private sector should be verified with SASCOC All affiliated members of the PSC should pay an affiliation fee as determined by the members of the PSC, and made payable by at least the 30 June of each year. The PSC shall operate as a non-profit organization and utilize its funds to full mandate, aims and responsibilities as outlined in the Constitution The PSC shall apply to SARS for full tax -exemption as maybe applicable Any subsidies or funding must carry the approval of SASCOC All financial records shall be kept in safe keeping and storage at the offices of the PSC 4 The Financial Year of the PSC shall be from 1st April until March 31st of the following year 2.7 Membership National Provincial Sports Councils are accepted as members of SASCOC without a vote subject to application for membership and compliance. Sport Councils to operate as non government entities. The PSC shall affiliate to SASCOC and adhere to its Articles of Association with regard to membership and its role and limitations of such membership. Provincial All Provincial Sports Federations shall be encouraged to seek affiliation with the PSC The PSC shall allow the affiliation of District/Regional Sports Councils as members All proper and duly constituted Provincial Sports Federations are eligible to seek membership to the PSC. All applications for membership shall be accompanied by a constitution with a list of affiliates, its office bearers and its District or Regional structures and in keeping with demographic demarcation of Province. All accepted members, shall after two years of continual membership, be encouraged and assisted to provide the PSC with its audited statements, and annually after that. However it would be necessary to provide the PSC with the minutes of its Annual General Meeting and its Strategic plans for the year ahead as well as a 5-year plan for development. The PSC shall accord any body, that strives to encourage the development of sport within the province, Associate Membership, as it deems fit so long as it is not in conflict with SASCOC. The PDSR shall nominate one of its officials that will sit on the PSC Executive as ex-officio from the PDSR The PSC shall also allow its District/Regional Sports Councils the rights of passage to include on its executive, members from the local government or municipalities who will act in an ex-officio capacity The constitution of the PSC shall be binding on all its members 3. Recommendations Sport Councils to revisit their structures through a consultative process with its members. This process must be inclusive. Draw up clear constitutional framework in line with the Act and SASCOC Articles. 5 PSC to play a key role to advocate on transformation and sport development at provincial and local level on behalf of SASCOC. Regular meetings must be held to discuss progress made by the Sport Councils. 6