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COURT APPLICATION: OPPOSITION TO SOLIDARITY’S COURT ACTION AND SUPPORT FOR TRANSFORMATION IN SPORT On Thursday, 27 June 1956, the then government announced the Apartheid Sports Plan in what was called the Black Thursday. This plan supported by legislation such as the Separate Amenities Act and the Education Amendment Laws ensured that a White child was funded 8 times than a Black child. The legacy of the this 1956 sports plan is there to be seen by all. The democratic government convened in November 2011 a National Sports Indaba that produced the National Sports and Recreation Plan (NRSP) that was approved by Cabinet on 18 May 2012. The NSRP it espoused the Transformation Charter for the Sports Sector and accompanied by the Transformation Scorecard. The Transformation Charter laid down the approach, philosophy and a set of principles to guide the transformation agend our the sports sector. Historically transformation in sport has been motivated from 1992 till 2012 on the basis of two sets of driving forces, the one based on moral and the other on strategic considerations. The moral or altruistic reasons for transformation recognises that ‘it is the right thing to do’ due the impact of past social engineering initiatives on South African society. Although resistance was significant initially more and more people today accept that the ‘wrongs of the past’ have to be addressed, therefore making it easier to move forward. On the other hand, the realities associated with an increasingly globalised and competitiveness world has brought about a realisation that transformation in South Africa’s case has become a strategic imperative – the key to long- term survival, prosperity, and sustainable competitiveness. This is so critical based on the fact that 84% of the under 18 year olds South Africans are Black Africans. The future talent pool and future of sports therefore rests with them, moreso when other racial groups are experiencing negative demographic growth. The 2011 Sport Indaba concluded that an independent verification agency is critical to the veracity of the true measure and pace of change and further resolved that ‘there is a need to monitor and evaluate the implementation of the Transformation Charter’. This led to the appointment of a Sport Transfiormation Commission, which wa aptly named the Eminent Persons Group (EPG) on Transformation in Sport by the Minister of Sport and Recreation to annually review sport’s transformation status and further conduct annual sport transformation audits as well as to make recommendations to the Minister. This annual recommendation therefore will be able to assist the sport Ministry and the sport movement with sufficient information and insight to assess transformation status and formulate interventions to improve rate and effectiveness of transformation in all areas of SA sport. The EPG’s Goal and bigger picture, has always been to establish a management system to monitor, evaluate, advise and report on sport’s transformation and the effectiveness of implementing the Sport Transformation Charter and Scorecard. The Transformation Charter guides the sport system in bringing about transformational change in key strategic areas including equitable participation opportunity, skill and capability development, structured demographic change on and off the field of play, to name but a few. The annual highlight of the Transformation audit is the Memorandum of Agreement that gets entered into between federations, sport bodies and the Ministry, Department of Sport and Recreation and SASCOC, as part of a ‘Barometer’ project. The barometer project annually leads to a more accountable and code specific approach where federations sets their own baseline targets in Charter dimensions linked to access, demographic profiles and preferential procurement and forecasting performance levels therein over a longer period of time. Based on these reports, transformation memoranda of agreement have beenentered into with 5 pilot National Federations on 25 May 2015 within which they have submitted concrete interventions and plans in response to the EPG Audit Reports. In addition to the memoranda of agreements, these pilot Federations have committed themselves to projected self- set performance targets in each one of the Transformation Charter dimensions. The strategic focus of this memorandum has therefore taken into consideration theGovernments Programme of Action, priorities of Government and the following keytargets of the National Development Plan, namely - Reduce inequality, establish a competitive base of infrastructure, human resources and regulatory frameworks; Ensure that skilled, technical, professional and managerial posts better reflect the country's racial, gender and disability makeup; Broaden ownership of assets to historically disadvantaged groups; Entrench a social security system covering all working people, with social protection for the poor and other groups in need, such as children and peoplewith disabilities; Realise a developmental, capable and ethical state that treats citizens with dignity; Broaden social cohesion and unity while redressing the inequities of the past; Play a leading role in continental development, economic integration andhuman rights The union called Solidarity has decided to be in opposition to what is key to the future of South African sport and the unity in diversity of the South African nation. Solidarity had sought to seek an interdict in order to reverse the gains of democracy for the marginalized in our society and the previously disadvantaged individuals. The Department of Sport and Recreation South Africa and the 5 respondents (Athletics South Africa, South African Rugby Union, Netball South Africa, Cricket South Africa and the South African Sports Confederation and Olympic Committee) will therefore be opposing the Solidarity court action. This Solidarity action will further be opposed on the basis that it challenges social justice and dismantles the order to seek equity which is about everyone getting what they need to be justifiably successful in sport. Sport and Recreation South Africa therefore views, this action of Solidarity as unfortunate and in reversing the gains made and strides being made to improve race relations as well as efforts being made towards redress and eradication of the legacy of the apartheid sports plan. The approach to implement equality in sport has no basis as there is so much backlog on the legacy created by apartheid hence equity becomes the best approach is expediting transformation in sport. Based on what is stated above, Solidarity therefore on 3 May 2017 served a Labour court application on Sport and Recreation South Africa citing Sport Minister, Tokozile Xasa as the first respondent alongside “the 6 respondents” declaring that the provisions of the Transformation Charter insofar as they pertain to demographic target setting, invalid and praying to the court that hey should therefore be set aside. The action also sought to interdicting the 6 respondents from implementing the Transformation Charter or giving effect to the said Transformation Agreements. Ministry and Department of Sport and Recreation South Africa inclusive of the 5 respondents take this opportunity to invite members of the media and the public to join the Department of Sport and Recreation South Africa alongside the respondents as they will be opposing the court application brought forward by Solidarity. The notice to oppose this Solidarity court action has already been served on all respondents and the details for the hearing are as follows: VENUE: LABOUR COURT, JOHANNESBURG (6th & 7th, Arbour Square Building, Juta St & Melle Street, Braamfontein) DATE: Wednesday, 6 March 2019 TIME: 9h00 - 16h00 Department of Sport and Recreation South Africa view this solidarity approach as an act of desperation and an attempt to hold back the progress which is currently being achieved and continue to be achieved as far as Transformation in sport is concerned. One of the recent achievements over and above the agreements that Sport and Recreation South Africa has entered with the 5 federations, similar transformation memoranda of agreement has also been entered with South African Table Tennis Board, Volleyball South Africa, South African Hockey Association, Swimming South Africa and Tennis South Africa and will in due course enter into such agreements with remaining 9 National Federations, namely Bowls South Africa, the South African Gymnastics Federation, Rowing South Africa, South African Baseball Union, South African National Boxing Organization, Chess South Africa, Jukskei South Africa, Softball South Africa and Basketball South Africa, this clearly demonstrating that substantial progress is being achieved. Sport and Recreation South Africa therefore opposes this Solidarity action and regard it as a platform to stall transformation and also in violation of Sections 9 and 10 of the Constitution of the Republic of South Africa which enshrines and acknowledges the injustices of the past as well as recognising the need for redress of past discriminatory policies and practices through fair discrimination interventions such as affirmative action. Your attendance will be highly appreciated and for more information kindly contact the following: Mr. Mickey Modisane Mr Vuyo Mhaga Chief Director: Marketing & Communications Minister liaison Officer Sport & Recreation South Africa Sport and Recreation South Africa Office Tel: 012 304 5159 012 304 5239 Mobile Tel: 082 992 0101 076 636 5193 Email: [email protected] Email: [email protected] [email protected] .

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