Draft
Department of Sport and Recreation
Policy on the Creation and Management of Municipal Facility
Management Committees
Document control
Policy title:
Sport and Recreation Policy on MFMCs
Reference codes:
TBC
Director responsible:
Gert Bam
Version:
Draft 1
Status of the document:
Draft
Review date:
July 2019
Contact details:
Gert Bam : Director SRA
021- 4005090
Contents
DEFINITIONS ........................................................................................................................................................ 2
ACRONYMS AND ABBREVIATIONS....................................................................................................................... 3
1.
PROBLEM STATEMENT ................................................................................................................................ 4
2.
DESIRED OUTCOMES ................................................................................................................................... 4
3.
PARAMETERS ............................................................................................................................................... 5
4.
STRATEGIC INTENT ...................................................................................................................................... 5
4.1.
National Development Plan (NDP), 2013 ............................................................................................ 5
4.2.
National Sport and Recreation Plan (NSRP), 2012 .............................................................................. 5
4.3.
Integrated Development Plan, 2012-2017 .......................................................................................... 5
4.4.
Social Development Strategy, 2013 .................................................................................................... 5
5.
ROLE - PLAYERS AND STAKEHOLDERS ......................................................................................................... 6
6.
REGULATORY CONTEXT ............................................................................................................................... 6
7.
POLICY DIRECTIVE DETAILS .......................................................................................................................... 7
Establishment of MFMCs................................................................................................................................. 7
Role of Municipal Facility Management Committees ..................................................................................... 7
Responsibilities of Municipal Facility Management Committees ................................................................... 8
Individual Member Organisation’s Responsibilities to MFMC ........................................................................ 8
Standardised SLAs regarding maintenance of sports grounds in partnership with MFMCs........................... 8
Safety, Security and cleanliness ...................................................................................................................... 9
Revenue Generation........................................................................................................................................ 9
Facility Development ..................................................................................................................................... 10
Caretakers Grants .......................................................................................................................................... 10
Communication of this policy ........................................................................................................................ 10
9.
10.
IMPLEMENTATION PROGRAMME ............................................................................................................. 11
MONITORING, EVALUATION AND REVIEW ........................................................................................... 11
1
DEFINITIONS
“City”
Means the City of Cape Town established in terms of section 12 of
the Local Government: Municipal Structures Act of 1998 by
Provincial Notice No. 479 of 2000.
“Code”
Means the different types of sports such as the code of football or
the code of rugby.
“Club”
Means the lowest unit of organization within a sports code.
“Event”
Means a sporting, entertainment or recreational activity hosted at
a municipal sports ground.
“Municipal Facility
Management Committee”
Means the coordinating committee at a sports ground that
represents the different regular users of the facility.
Advisory Forum
Means a forum consisting of representatives of users at a facility
that liaises on adhoc basis with a Facility Manager.
User Agreement
Means a contractual agreement outlining roles and responsibilities
of the user of a facility.
“Sports ground”
Means an area suitably zoned, graded and maintained for active
sport and/or recreation purposes, usually fenced with access
control, and a parking area, clubhouse, and sometimes a small
grandstand or pavilion.
“Single-code sports
ground”
Means a sports ground used for only one sporting activity, for
example a tennis, bowling or squash club.
“Multi-code sports
ground”
Means a sports ground used for more than one sporting activity,
like rugby or soccer in winter, and cricket in summer.
“Volunteer”
Means a person who freely offers to take part in an enterprise or
undertake a task normally with no financial remuneration.
“Gate takings”
Means money collected on match days upon entry to a
municipal sports ground.
“Donations ”
means donations in cash or in-kind received by sports clubs
“Outdoor advertising”
Means any billboard, banner or sign erected at a municipal sports
ground in compliance with the City’s outdoor advertising by-law.
“Gatekeeping”
Means unlawfully and unfairly restricting public access to a
municipal sports ground.
“City of Cape Town Sport
and Recreation Forum”
Means the coordinating structure to which the district sports
councils belong and are equally represented.
“District Sports and
Recreation Council”
Means the coordinating structure to which the local sports and
recreation councils from different areas in a district are affiliated.
“Local Sports and
Recreation Council”
Means the coordinating structure to which the individual MFMCs
in a local area become members.
“facility manager”
Means an employee of the Sport & Recreation department,
usually known as a facility officer, who is allocated responsibility
for a particular sports ground.
“Regular user”
Means a club that play their fixtures throughout a season at a
specific facility.
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“Field usage threshold”
Means the number of hours of use that a grass field can sustain
before it is overplayed and intensive rehabilitation is required.
ACRONYMS AND ABBREVIATIONS
IDP
Integrated Development Plan
MFMC
Municipal Facility Management Committee
NSRP
National Sport and Recreation Plan
SDS
Social Development Strategy
SRA
Sport Recreation and Amenities Department
SLA
Service Level Agreement
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1. PROBLEM STATEMENT
1.1. Prior to the amalgamation of the 7 administrations into the City of Cape Town, each
administration managed service delivery at local level with different approaches to
communication and engagement with sporting clubs, teams, bodies and the users of
facilities, especially multi-code sports grounds.
1.2. Furthermore, there were disparate approaches to the management and control of sport
grounds. Some were managed directly by the municipality, while in other cases; the control
was given to local sports federations or sports councils.
1.3. With the formation of the City, a uniform approach to governance and communication was
a necessity. After an extensive consultation process, the Municipal Facility Management
Committee (MFMC) model was adopted. MFMCs were created at many multi-code sports
grounds. The model requires equitable representation of all the sport codes and other less
formal sport and recreation activities at each municipal sports ground. The MFMCs would
also be organised into Local Area Sport Council who would be represented on District Sports
Councils and ultimately engage with the City through the Cape Town Sports and Recreation
Council. These structures provided for uniform and transparent engagement channels while
consolidating the role of the MFMC as a partner in the management of our sport grounds.
1.4. However, over the years, problems have emerged within the system. Some MFMCs have
struggled due to lack of capacity and poor buy-in from the codes while others have
overstepped their mandate and treated the facility as their own. Allegations of gatekeeping
have also been made. It seems that in the absence of a formal policy the role of MFMCs has
been interpreted differently by different user groups.
1.5. The City recognises the benefits and importance of involving local communities and regular
users in management, maintenance and security of facilities. It promotes a sense of
ownership, pride and communal responsibility. However, clear guidance is needed on the
powers, rights, roles and responsibilities the MFMC’s because they operate on City-owned
land.
1.6. Although MFMCs may provide the structure to resolve local frictions between clubs, codes
and other users, clear guidance needs to be provided so that all role-players understand
the “rules of the game” and MFMCs become agents in facilitating equitable access and
maximises the use of sports grounds within the permitted limits.
2. DESIRED OUTCOMES
2.1. The overarching outcomes are improved governance of City-owned sports grounds and to
facilitate inclusive decision-making and management of municipal sports grounds. The
MFMC arrangement is only appropriate at certain of the larger multi-use sports grounds, and
is a management model that helps to achieve these aims.
2.2. Other outcomes of this policy include:
2.2.1.Enabling the establishment of MFMC by user groups at certain qualifying and identified
municipal sports grounds;
2.2.2.Regulating and governing the activities and actions of MFMCs;
2.2.3.Facilitating an understanding of the roles, rights and responsibilities MFMCs and other
users in the operation of municipal sports grounds;
2.2.4.Promoting and consolidating communication channels between the City and MFMCs;
and
2.2.5.Identifying situations where grants or service level agreements are required.
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3. PARAMETERS
3.1. This policy builds on the theme of Facility Provision and Management as outlined in the draft
Sports and Recreation Policy Framework.
3.2. This policy covers all outdoor and indoor municipal sports grounds and facilities where
MFMCs are established.
3.3. This policy includes sports grounds run in partnership with educational institutions, private
sector organisations and NGOs.
3.4. This policy seeks to clarify the roles, rights and responsibilities of the MFMCs as partners in the
management of especially multi-code sports grounds in relation to:
3.4.1.The co-ordinating role and therefore the related responsibilities of MFMCs;
3.4.2.The governance of MFMCs especially in relation to financial matters such as revenue
generation;
3.4.3.Identified operational matters which require specific contractual agreements. .
4. STRATEGIC INTENT
This policy aligns with strategy documents that inform the City’s priorities.
4.1. National Development Plan (NDP), 2013
4.1.1.The NDP refers to the role of local government in building social cohesion by providing
green spaces and community sport and recreation facilities which enable communities
to interact at a local level.
4.2. National Sport and Recreation Plan (NSRP), 2012
4.2.1.The NSRP refers to role of local community structures as in the planning, construction
and management of facilities.
4.2.2.This policy aligns the relationship between MFMCs and the City with the objectives of
the NSRP
4.3. Integrated Development Plan, 2012-2017
4.3.1.This policy is aligned to the strategic focus area of the Inclusive City articulated in the
IDP. This refers to the provision of facilities that make people feel at home as well as
engaging communities in the planning, provision and management of facilities.
4.3.2.MFMCs are specifically mentioned in the IDP as a mechanism to facilitate partnerships
for the management and maintenance of sport and recreation facilities.
4.4. Social Development Strategy, 2013
4.4.1. The SDS refers specifically to the role of the Sport, Recreation and Amenities
Department in relation to the lever “Promotes and foster social interaction through
recreational and active opportunities”.
4.4.2.The SDS refers to a community-centred approach which states specifically that “The
City supports democratic and community structures, such as Municipal Facility
Management Committees, who all have an important role to play in identifying
problems, encouraging residents to take responsibility and become active in
community safety initiatives”.
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5. ROLE - PLAYERS AND STAKEHOLDERS
5.1. SRA is primarily responsible for the implementation and monitoring of this policy.
5.2. SRA will consult the following City departments in relation to the management and
operations of facilities where partnerships with MFMCs exist:
5.2.1.Property Management – advises on sports facility property matters and sports club
leases.
5.2.2.Revenue Management- municipal services accounts and debt management.
5.2.3.Legal Department – provides advice on legal matters affecting sports clubs and sports
grounds.
5.2.4.Head of Architecture – provides advice on buildings and approves plans for submission.
5.2.5. Building Development – approves sports facility building plans.
5.3. External role players relevant to the implementation of this policy are:
5.3.1.MFMCs
5.3.2.Local Sports and Recreation Councils
5.3.3.District Sports and Recreation Councils
5.3.4.The City Sports and Recreation Forum
6. REGULATORY CONTEXT
The following relevant legislation, policies and informing documents provide context to this
policy:
Legislation
6.1. Constitution of the Republic of South Africa, 1996
6.2. National Sport and Recreation Act,1998 (Act No. 110 of 1998)
6.3.
Local Government: Municipal Finance Management Act, 2000 (Act No.32 of 2000)
City Policies
6.4. Policy Framework for Volunteers
6.5. The Grants Policy, 2014
6.6. Events Policy, 2013
6.7. Outdoor Advertising and Signage Policy, 2013
6.8. Management of Certain of the City of Cape Town’s Immovable Property Policy,2010
6.9. Asset Management Policy, 2013
6.10. Informal Trading Policy,2013
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7. POLICY DIRECTIVE DETAILS
Establishment of MFMCs
7.1. Not all sports ground users are required to establish an MFMC. MFMCS will be established
under the following conditions:
7.1.1.Where two or more codes per season use the facility;
7.1.2.Codes must have duly elected officials to represent these codes on the MFMC .
7.1.2.1. Where more than one club from the same code are regular users of the facility
they should appoint two representatives to represent the code on the MFMC.
7.1.3.Individual clubs affiliated to the codes must be properly constituted with elected
officials as determined by a constitution accepted at a formal meeting of the club.
7.1.4.Only clubs or organisations based permanently at a facility and using the facility on a
regular basis, should elect code representatives to represent the code on the MFMC.
7.1.5.Proof of such formal election needs to be presented to MFMC for representation to be
valid.
7.1.6.All MFMCs operating in a sports complex and ground are required to register with the
City of Cape Town at the district office of the SRA department.
7.1.7.Regular users may establish MFMCs with the help of the Facility Manager.
7.1.8.In the absence of an MFMC, the following alternative management models may be
applied:
7.1.8.1. Facility management may be conducted by SRA;
7.1.8.2. Representative advisory forum may liaise with SRA about management of
specific facility; or
7.1.8.3. User Management Agreements may be entered into with any club permanently
based at a facility.
Role of Municipal Facility Management Committees
7.2. MFMCs role is to:
7.2.1.Coordinate the interaction between the City and the regular users of a sports grounds;
7.2.2.Ensure equitable representation of regular users of a sports ground in the interaction
with the City about the management of the facility;
7.2.3.Assist SRA in determining the regular users of a facility in the event of a dispute;
7.2.4.Coordinate with the City equitable service delivery at the relevant sports ground for the
benefit of all codes;
7.2.5.Encourage the regular users to become more involved in the maintenance and
management of their sports ground;
7.2.6.Provide a mechanism for discussion of issues relating to the maintenance and
operation, the planning and future development of sports grounds,
7.2.7.Ensure that all users of the sports ground who are members of a MFMC are aware of
and act in accordance with the management arrangements agreed to between SRA
and the relevant MFMC.
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Responsibilities of Municipal Facility Management Committees
7.3. A MFMC is required to operate as an accountable entity.
7.4. A MFMC must adopt a constitution based on the generic Municipal Facility Management
Committees constitution as contained in the annexure. .
7.5. If the MFMC,
7.5.1.receives a grant from the City in accordance with the terms and conditions related to
section 67 of the MFMA and the City’s Grants Policy .or
7.5.2. in any way generates revenue from the facility including revenue generated through
events, outdoor advertising, sponsorships, donor funding, commercial activities such as
restaurant and bar facilities and refreshment sales.
The MFMC is required to submit quarterly financial statements to the City of Cape Town
7.6. The MFMC in conjunction with the authorised official must co-ordinate the usage
requirements for practices and matches of its members and communicate this with the
booking office.
7.7. MFMC must identify one delegated member to do the bookings with the booking office for
those bookings which the MFMC coordinates.
7.8. Where an MFMC does not comply with this policy the City will refuse to accept bookings
from such an MFMC.
7.9.
Individual Member Organisation’s Responsibilities to MFMC
7.10.
The MFMC as the co-ordinating body interacts and partners with the City in the
management of a facility on behalf of its user groups or clubs. Members of the MFMC are
required to support the operations and decisions of the Facility Management Committee
by:
7.10.1.
Providing information regarding the operation of the club;
7.10.2.
Ensuring attendance of delegates at MFMC meetings;
7.10.3.
Registering seasonal fixtures with the MFMC to enable the MFMC to coordinate
seasonal bookings at City’s booking office on behalf of its members.
Standardised SLAs regarding maintenance of sports grounds in partnership with MFMCs
7.11.
Depending on the capacity of an MFMC, the SRA department will enter into
Standardised Service Level
Agreements with an MFMC that will detail the roles and
responsibilities of, and the relationship between the Department SRA and individual MFMCs
pertaining to but not restricted to the following:
7.11.1.
Marking of Fields and Pitches;
7.11.2.
Cleaning of Sports fields and Ablutions;
7.11.3.
Cleaning and Refuse Management of Clubhouses;
7.11.4.
Repairs and Structural Maintenance of Clubhouses;
7.11.5.
Security at Sports fields.
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Safety, Security and cleanliness
7.12.
The MFMC together with users must keep buildings under the management of the MFMC
and users secured and in a clean condition at all times.
7.13.
The MFMC is to report promptly to the facility officer any breakages or damage of
buildings, sports grounds or fencing or the malfunction of any device installed on the facility.
7.14.
Reports must be completed as per the templates provided by the Facility Manager and
should include information as to the cause of the breakage or damage and the date the
police were notified (where applicable).
Revenue Generation
7.15.
A MFMC may only generate revenue from a City-owned sports ground if it is able to
show that it shall:
7.15.1.
;
Contribute to the operational enhancement of the facility in the interest of all users
7.15.2.
Allow the MFMC to establish a level of financial independence; and
7.15.3.
Support disadvantaged user groups using the facility.
7.16.
The income generated through the use of the facilities, sponsorship and donor funding
must be accounted for in annual audited financial statements of the MFMC and reported
in the quarterly financial statement of the MFMC tabled at the MFMC meeting in
accordance with the MFMC Constitution.
7.17.
The various forms of revenue generation such as trading (which includes tuck-shops,
bars, pubs and restaurants), gate takings, commercial signage, parking events, functions
and advertising must fully comply with city policies, zoning, other by-laws and relevant
legislation.
7.18.
Trading opportunities will be managed by the MFMC and not individual users and the
allocation of those opportunities should be advertised and allocated in a fair and
transparent process in accordance with the Informal Trading Policy of the City.
7.19.
Where revenue generation entails gate takings or paid parking, such gate taking and
parking revenue must be managed and controlled only by the MFMC. No individual user
group will be allowed to manage and control gate takings or charge for parking. The
revenue from gate takings should be recorded at the monthly meetings of MFMCs.
7.20.
Where advertising opportunities that are in compliance with the City’s Outdoor
Advertising and Signage By-law are identified, such opportunities may not be explored
unless the MFMC enters into a formal agreement with SRA department about the use of
such revenue.
7.21.
Revenue from advertising accrued by MFMCs or users should be equitably used in the
interest of all the user groups based at a facility.
7.22.
The City will support funding applications if in line with overall facilities and infrastructure
strategy for Department and the specific facility. No user nor the MFMC may apply for
funding for infrastructural improvements unless approved by the Director SRA.
7.23.
The City may support appropriately licenced pubs, bars and restaurants as a means of
income to MFMCs at facilities provided this is done in line with the Western Cape Liquor Act,
as well as the City’s By-Law relating to the Control of Undertakings that sell Liquor to the
Public.
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Facility Development
7.24.
MFMCs and tenant clubs are encouraged to contribute to the further development of
the facility by using their own funds, in accordance with the approved Site Development
Plan for the relevant facility.
7.25.
Tenant clubs must first discuss further development with the Facility Planning staff of SRA
and the MFMC, and get written approval from the Director: SRA to begin planning any new
development, improvement or modification to their respective facility or facilities.
7.26.
Tenant clubs will be responsible for producing proper building plans, and such plans must
be in accordance with the City’s building requirements. Building plans must be first be
submitted to SRA for examination, and signature of the City’s Head of Architecture, after
which they can be submitted for approval to Building Development by the tenant club.
7.27.
Where there is capacity to do so, the City’s professional staff (planners, architects, land
surveyors, quantity surveyors) can advise and assist clubs or MFMCs.
7.28.
Clubs or MFMCs must provide the Director of SRA department that they have sufficient
funds and resources to complete the proposed building work, or individual phases, if the
work is to be done in phases.
7.29.
Clubs or MFMCs will receive no compensation for investment in the facility, and the works
become the property of the City. It will be considered a donation and dealt with in terms of
the section on contributed assets as set out in the Asset Management Policy
Caretakers Grants
7.30.
The provision of caretaker grants will be considered in cases where there is a shortage of
staff at a particular facility. This grant is only applicable to facilities where MFMCs appoint
people to perform duties where there are no city staff available or employed.
7.31.
The City may provide a grant to MFMCs if the following documents are provided.
7.31.1.1.
Monthly Reports
7.31.1.2.
Financial Reports – Annual (audited) and Monthly
7.31.1.3.
Vendor numbers
7.31.1.4.
Tax Clearance Certificates
7.31.1.5.
Minutes of MFMC meetings
7.31.1.6.
AGM Minutes
7.32.
Caretaker Grants are paid over to MFMCs who through a formal meeting will appoint a
qualified person or persons to perform defined duties at that facility.
Communication of this policy
7.33.
In accordance with the principle of accountability and transparency, the City and each
MFMC will ensure that this policy is provided to all clubs and codes operating at municipal
sports grounds.
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9. IMPLEMENTATION PROGRAMME
9.1.
SRA will be responsible for the implementation of this policy.
9.2.
Because this policy introduces a refinement to the current MFMC model, there will be a 12
month transition period to align with the new arrangement as outlined in the policy
directives.
10. MONITORING, EVALUATION AND REVIEW
10.1.
Ongoing monitoring and evaluation of the policy will occur as the operational
reporting on the individual MFMCs are developed.
10.2.
The SRA department will keep a database of MFMCs active in the City. The database shall
maintain a record of financial statements, grant receipts as well as responsibilities of MFMCs
in terms of the relevant agreements with the City.
10.3.
This database will form the basis for an annual report which will be submitted to the relevant
Portfolio Committee to be used as a basis for making decisions regarding MFMCs.
10.4.
The policy itself will be reviewed every two years.
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procedures