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SOUTH AFRICAN COMBAT SPORTS BILL, 2009

To provide for the regulation, control and general supervision of combat sports in the Republic; to ensure the effective and efficient administration of combat sports in the Republic; to recognise amateur combat sports; to create synergy between professional and amateur combat sports to ensure the effective and efficient administration of combat sports in the Republic;; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows—

Definitions

1. In this Act, unless the context indicates otherwise—

“amateur combat sports” means any form of combat sports without a pecuniary incentive for a participant in combat sports;

“contact sport” means a sport where the rules of a sport allow for significant physical contact between its participants;

“combat sports” means a competitive contact sport where two combatants fight against each other using certain rules of engagement, typically with the aim of simulating parts of real hand to hand combat involving techniques which encompass strikes, kicks, elbows and knees, grappling, superior positions, throws, both striking and grappling, hybrid martial arts and weaponry;

“controlling body” means -

(a) a national federation as defined in section 1 of the National Sport

and Recreation Act, 1998 (Act No. 110 of 1998);

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(b) a provincial federation;

(c) an international controlling body; or

(d) an other body

governing a code of combat sports in the Republic under whose auspices a specific combat sports as indicated in the definition of “combat sports” fall;

“elbow” means a strike with the point of the elbow, the part of the forearm nearest to the elbow, or the part of the upper arm nearest to the elbow and can be thrown sideways similarly to a hook, upwards similarly to an uppercut, or downwards with the point of the elbow.

“grappling” means the gripping, handling, and controlling of an opponent without the use of striking, typically through the application of various grappling holds, choke holds, and counters to various hold attempts;

“grappling position” means the positioning and holds of combatants engaged in grappling. Combatants are said to be in a neutral position if neither is in a more favorable position.

“hybrid martial arts” means martial arts or fighting systems that incorporate techniques and theories from several particular martial arts;

“kick” is a strike using the foot, leg, or knee (also known as a knee strike) often used in hand-to-hand combat, especially in stand-up fighting;

“knee” is a strike using a knee, either with a kneecap or the surrounding area;

“manager” means any person to whom a certificate of registration as such has been issued in terms of section 5(1)(c);

“Minister” means the Minister responsible for Sport and Recreation;

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“mixed martial arts ” means full contact combat sport that allows-

a wide variety of fighting techniques from a mixture of martial arts traditions and non-traditions, to be used in competitions of combat sports;
the use of striking and grappling techniques, both while standing and on the ground; and
martial artists of different backgrounds to compete against each other.

“national federation” for the purposes of the Act, means a national governing body of a code of sport in the Republic recognised by the relevant international controlling body as the only authority for the administration and control of the relative code of sport in the Republic subject to such sport being represented in at least 6 provinces in the Republic;

“official” means any referee, judge, timekeeper, assistant timekeeper, announcer, second or ringmaster to whom a certificate of registration as such has been issued in terms of section 5(1)(c);

“participant in combat sports” means any person to whom a certificate of registration as such has been issued in terms of section 5(1)(c);

“person” means any natural or juristic person irrespective of such a person being a South African citizen or a foreigner;

“prescribed” means prescribed by regulation made under section 19;

“professional combat sports” means any form of combat sports with a pecuniary incentive for a participant in combat sports;

“promoter” means any person to whom a certificate of registration as a promoter has been issued in terms of section 5(1)(c);

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'provincial federation' means a provincial governing body of a code of sport in a province of the Republic recognised by the relevant national federation as the only authority for the administration and control of the relative code of sport in the said province;

‘‘Sports Confederation” means the Confederation as contemplated in the National Sport and Recreation Act, 1998 (Act No. 110 of 1998) as may be amended from time to time;

“ strike” means an attack with a part of the human body or with an inanimate object, such as a weapon, intended to cause an effect upon an opponent or to simply cause harm to an opponent.;

“throw” means a martial arts term for a grappling technique that involves off- balancing or lifting an opponent, and tossing him/her to the ground and usually involves a rotating motion as opposed to a takedown;

“tournament” means any function to which the public have access, whether on payment of a charge for admission or not, and at which two or more licensed professional participants in combat sports engage in combat sports for gain, whether by way of competition, exhibition or otherwise;

“trainer” means any person to whom a certificate of registration as such has been issued in terms of section 5(1)(c); and

“ultimate fighting” , also known as “combative fighting”, “toughman fighting”, “toughwoman fighting”, “badman fighting”, “U.F.C.” and “extreme fighting”, means a fight contest or fight exhibition, between two or more contestants, with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, in a combative fight contest or exhibition and who compete for a financial reward or any item of pecuniary value and which match, contest, tournament, championship or exhibition is not recognized and sanctioned by the Sports Confederation. Ultimate fighting shall not include:

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(a) professional or amateur boxing; (b) professional or amateur wrestling; (c) any competition displaying the skills of a single form of an oriental system of unarmed self defense; including, but not limited to, kick boxing, karate, or full contact karate, which is held pursuant to the rules of that form and governed or authorized by a national or provincial federation; or (d) mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by an internationally recognised federation that has been registered with the Sports Confederation; and

“weaponry” means combat sports where combatants, amongst others -

compete against each other by using weapons such as types of swords and sticks; and
may also wear complex armor when they compete against each other.

Objects of Act

2. The objects of this Act are to—

(a) give effect to the provisions of the Constitution Act of South Africa; (b) regulate, control and exercise general supervision over professional combat sports at tournaments in the Republic; (c) protect and regulate the interests of participants in combat sports, trainers, managers, promoters, officials and other stakeholders involved in professional combat sports matters; (d) promote— (i) orderly collective action; (ii) combat sports in the Republic; and (iii) the effective resolution of combat sports disputes; (e) eliminate undesirable practices and to maintain the highest level of efficiency in combat sports;

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(f) provide a framework within which participants in combat sports, combat sports officials, trainers, managers, promoters and all other stakeholders in professional combat sports must— (i) collectively determine terms and conditions of their combat sports relationship and other matters of mutual or other interest; (ii) formulate a combat sports policy; and (iii) formulate an anti-doping policy. (g) give effect to all the rights and obligations incurred in terms of this Act, and also those rights and obligations of a participant in combat sports as a member of an international professional combat sports body or organisation; (h) provide for the registration and licensing of stakeholders in professional combat sports and to ensure proper control and democratic practices in the process; (i) provide for the resolution of combat sports disputes through arbitration, appeal and independent alternative dispute resolution services accredited for that purpose; (j) provide for disciplinary mechanisms to ensure the maintenance of discipline in combat sports; (k) provide for marketing mechanisms to promote professional and amateur combat sports in general; (m) provide for a working relationship in combat sports structures; (o) provide for operational guidelines for to both professional and amateur combat sports participants; (p) consider the recognition of all international combat sports bodies or organisations and their combat sports champions; (q) provide for the participation and involvement of women in combat sports; and (r) provide for incidental matters.

Interpretation of Act

3. This Act must be interpreted—

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(a) to give effect to its objects; (b) in compliance with the rules and regulations of international combat sports bodies or organisations governing professional and amateur combat sports; (c) in conjunction with a constitution of a controlling body subject to the provisions of section 4 (2), (3) and (4); (d) to apply to both male and female combat sports; and (e) subject to the Constitution Act of South Africa, 1996 and the Safety at Sports and Recreational Events Act, 2010 including any other relevant legislation.

Applicability of Act and constitution of controlling body

4.(1) This Act shall be applicable to combat sports at national or provincial level in the Republic.

(2) A controlling body may, at the written request of an international controlling body which is recognised by it, exercise or perform in any place outside or inside the Republic, any power or function that the controlling body is capable of exercising or performing by virtue of this Act or the constitution of the controlling body.

(3) In the event of any conflict arising between this Act and any law or constitution of a controlling body in force immediately prior to the date on which this Act takes effect, other than the Constitution Act of South Africa, the provisions of this Act prevail.

(4) A constitution of a controlling body shall be subject to compliance with the provisions of-

(a) section 13C of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998); and

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(b) the Safety at Sports and Recreational Events Act, 2010.

Powers of controlling bodies

5.(1) For purposes of attaining the objects of this Act or its constitution, a controlling body—

(a) may acquire, alienate or hire such property as it may consider necessary for the effective performance of its functions; (b) may invest or otherwise deal with its funds as may not immediately be required for the purpose of meeting its financial obligations of which investments the controlling body is fully responsible and accountable for; (c) may issue licenses in respect of combat sports to any person that has applied in the prescribed manner; (d) may license a person referred to in paragraph (c) as a— (i) participant in combat sports or official, to take part in tournaments in the capacity in which he or she has been so licensed; (ii) trainer, to train any participant in combat sports with a view to his or her participation in tournaments as a participant in combat sports; (iii) manager, to manage the affairs of any participant in combat sports subject to the provisions of this Act in so far as they relate to his or her participation in tournaments as a participant in combat sports; (iv) promoter, to negotiate, subject to the provisions of this Act, with any participant in combat sports with a view to procuring his or her services as a participant in combat sports at a tournament; (e) in the case where the licensee requires a different licence, may require him or her to relinquish the current licence;

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(f) may test the ability of any person applying for a license of registration as a participant in combat sports, trainer or official under paragraph (c) as it deems fit; (g) may require any person applying for a license as— (i) a trainer; (ii) a promoter; or (iii) a manager, to furnish a controlling body with such information as it may deem necessary; (h) may suspend, cancel or renew any license issued under paragraph (c); (i) may sanction the holding of tournaments subject to such conditions as it may deem fit: Provided that a controlling body shall have the power to revoke such sanctioning in writing in the event of a promoter not complying with any of the requirements for the sanctioning of a tournament as may be prescribed from time to time. (j) at any time prior to the holding of any tournament, may prohibit any participant in combat sports from participating in the tournament if— (i) after such examination or test for physical and mental fitness as it may deem fit, it is satisfied that the participant in combat sports should not be allowed to participate; or (ii) the participant in combat sports refuses to submit himself or herself to an examination or test; (k) may, if any participant in combat sports taking part in any tournament is disqualified by the referee for— (i) not participating in combat sports to the best of his or her ability; (ii) retiring from the tournament without sufficient cause; or (iii) committing a deliberate foul as prescribed,

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declare the whole or any portion of the amount payable to such participant in combat sports for his or her services in the tournament to be withheld pending further investigation and a hearing before a panel designated by the controlling body concerned; (l) may provide for a system for the grading of participants in combat sports and rating of tournaments; (m) may institute disciplinary measures against any person involved in combat sports; (n) may impose appropriate punishment on a person found guilty in such a disciplinary hearing as may be prescribed from time to time; (o) may enforce any refusal, suspension or cancellation of the license of any participant in combat sports, official or promoter; (p) may issue a license to any participant in combat sports, official or promoter proceeding to any place outside the Republic to take part in tournaments, in which case a full professional record or any other information of the participant in combat sports compiled by a controlling body and a medical certificate showing the current medical status of the participant in combat sports must be attached to the said certificate; (q) may license any participant in combat sports ordinarily resident outside the Republic to participate at tournaments in the Republic, subject to compliance with the Aliens Control Act, 1991 (Act No. 96 of 1991), and to the said participant in combat sports producing to a controlling body on arrival in the Republic, a letter of authorisation from the controlling body of the said participant by which he or she is licensed along with the full current medical status and professional combat sports record of that participant in combat sports; (s) may, subject to the provisions of the Safety at Sports and Recreational Events Act, 2010 take any steps which a controlling body considers necessary or expedient for the due and proper regulation or control of, or to enable it to exercise

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due and proper supervision over participants in combat sports at tournaments; (t) at the written request of an international controlling body which is recognised by a controlling body, may host a tournament on behalf of such controlling body subject to the conditions agreed upon in writing and subject to the provisions of the Safety at Sports and Recreational Events Act, 2010; (u) may require of any professional participant in combat sports taking part in a tournament in any place outside the Republic to— (i) furnish a controlling body with full details in writing of the purse money agreed to regarding the said tournament 30 days before the tournament; (ii) disclose to a controlling body such other information relating to the participant in combat sport’s participation in a tournament as a controlling body may determine; and (iii) seek permission from a controlling body in writing to fight abroad; (y) may, subject to the provisions of the Safety at Sports and Recreational Events Act, 2010, establish such other committees as a controlling body may deem necessary to assist it in its functions.

(2) A controlling body must, subject to the Promotion of Administrative Justice Act, give written reasons to any person whose rights have been adversely affected by any administrative action of a controlling body, on application by such person, and must offer such a person the opportunity of a hearing to show cause why such action should not have been taken.

(3) A controlling body may-

(a) enter into an agreement with any person, body or organisation or any accredited agency of a controlling body to perform any function of a controlling body; and

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(b) perform any of its functions in association with any other person, body or organisation.

(4) Any person, body or organisation with whom a controlling body enters into an agreement must be independent of the said controlling body.

Delegation of powers

6.(1) A controlling body may delegate in writing any of its powers to— (a) any member of a controlling body; (b) its Chief Executive Officer; or (c) any committee established by a controlling body.

(2) A controlling body may attach such conditions to a delegation as it may deem necessary.

(3)(a) A controlling body may amend or revoke a delegation at any time after duly notifying the concerned parties in writing of its intention to amend or revoke such a delegation. (c) The affected party must be given an opportunity to state its case regarding the intention of a controlling body to amend or revoke a delegation.

Tournaments to be sanctioned

7. A person may not hold or assist in holding any tournament unless-

(d) a licence to hold such tournament has been sanctioned by a controlling body; and (e) such a person has complied fully with the provisions of the Safety at Sports and Recreational Events Act, 2010.

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Participants in combat sports, officials, trainers, managers and promoters to be licensed

8. A person may not—

(a) take part in any tournament as a participant or an official in combat sports; (b) train any participant in combat sports with a view to his or her participation in any tournament; (c) manage the affairs of any participant in combat sports in so far as they relate to his or her participation in tournaments as a participant in combat sports; or (d) negotiate with any participant in combat sports with a view to procuring his or her services as a participant in combat sports at a tournament, unless the person is in possession of a valid license as a participant in combat sports, official, trainer, manager or promoter, as the case may be, issued to him or her by the controlling body under section 5(1)(c).

Banning of ultimate fighting

9.(1) No person may participate in or promote a professional or amateur ultimate fight as referred to in section 1.

(2) A person who participates in or promotes such an ultimate fight shall be guilty of an offence and, on conviction, be liable to a fine or 5 years imprisonment or to both such fine and imprisonment.

Notification of Police and hospitals

10.(1) If a tournament has been sanctioned by a controlling body and scheduled to take place on a specific date, the promoter of such tournament

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(a) police station nearest to the venue of the tournament has been notified of the date and time of the tournament; and (b) nearest provincial hospital to the venue of the tournament has been notified of the date and time of the tournament: Provided that if there is no provincial hospital within a radius of 10 kilometres from such venue, the nearest private hospital to the venue shall be notified as contemplated above.

Prohibition of receipt of compensation or benefits

11.(1) No—

(a) member or employee of a controlling body; or (f) person who administers or enforces combat sports laws may be employed by, enter into an agreement with or receive any compensation or benefit from a promoter, participant in combat sports, manager or any person who sanctions, arranges or promotes combat sports matches or who otherwise has a financial interest in a participant in combat sports licensed as such by a controlling body.

(2) Any person contemplated in subsection (1) may be compelled by a controlling body, in writing, to disclose all compensation and benefits he or she has received or donated, as the case may be.

(3) For purposes of this section, “compensation” does not include funds held in trust for payment to another person in connection with a combat sports match.

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Protection from exploitation

12.(1) Any contract between a participant in combat sports and a promoter or manager must, amongst others— (a) specify a minimum number of combat sports matches per year for a participant in combat sports; and (b) specify the duration of the contract, including any provision for extension of that period. (2) The period of time for which promotional rights to promote a participant in combat sports may be granted— (a) under a contract between a participant in combat sports and a promoter; or (b) between promoters in respect of a participant in combat sports, may not exceed 12 months if— (i) a participant in combat sports is required to grant such rights; or (ii) a participant in combat sports’ promoter is required to grant such rights in respect of a participant in combat sports, as a condition precedent to a participant in combat sports’ participation in a combat sports match against another participant in combat sports who is under contract to a promoter.

(3) A promoter may not secure exclusive promotional rights from a participant in combat sports’ opponents as a condition of participating in a combat sports match against a participant in combat sports, and any contract to the contrary—

(a) must be regarded to be in restraint of trade and contrary to public policy; and (b) is unenforceable.

(4) Nothing in this section must be construed as excluding any other law concerning interference with contracts.

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Protection of participant in combat sports, managers, trainers, promoters and officials

13.(1) A person may not—

(a) discriminate against a participant in combat sports, manager, trainer, promoter or official for exercising any right in terms of this Act; or (b) prevent a participant in combat sports, manager, trainer, promoter or official to exercise any right in terms of this Act or the Safety at Sports and Recreational Events Act, 2010 .

(2) No person may advantage, or promise to advantage, a participant in combat sports, manager, trainer, promoter or official, if that participant in combat sports, manager, trainer, promoter or official in exchange for such advantage is required to refrain from exercising any right in terms of this Act, or from participating in any proceedings in terms of this Act.

(3) A provision in any contract, entered into after the commencement of this Act, that directly contradicts or limits any provision of this Act or the Safety at Sports and Recreational Events Act, 2010, is invalid.

Misconduct hearings

14.(1) A controlling body may, following a complaint or at its own initiative, require any licensee to appear before it in connection with any allegation of misconduct.

(2) For the purposes of this section, misconduct shall mean conduct detrimental to the interests of combat sports or the public interest and without prejudice to the generality of the foregoing it shall include:-

(a) any breach of the Act, or its Regulations; (b) any failure to comply with an order issued by a controlling body;

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(c) any failure to honour any contractual obligation; or (d) incompetence.

(3) A controlling body shall proceed to determine the matter and if it determines that a person is guilty of the alleged misconduct it may make such an order as it may deem fit but a controlling body shall, without prejudice to the generality of the foregoing, have power to cancel a licence or to suspend a licence for such period as it may decide and/or impose a fine and/or make such order as to the validity of a contract as it considers fit and/or award compensation and/or make an order for costs.

(4) If an order for the cancellation or suspension of a licence is made in respect of a licensee holding more than one licence, a controlling body may cancel or suspend any or all of the licenses held by such licensee.

(5) All fines imposed under this or any other section shall be credited to the funds of a controlling body.

Procedures at misconduct hearings

15.(1) The provisions of this section shall apply, save as herein otherwise expressly stated, to all hearings under section 14.

(2) A controlling body shall be entitled to appoint a committee to hear allegations of misconduct under section 14: Provided that any reference to a controlling body in this section shall accordingly be deemed to include a reference to such a committee: Provided further that the decision of such committee shall be deemed to be the decision of a controlling body.

(3) A controlling body shall give at least ten days notice in writing (deliverable by hand, post, facsimile or e-mail) to all persons concerned to appear at a hearing under section 14: Provided that a controlling body may decide under special circumstances that a shorter period of notice shall be

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(5) No person shall be entitled to have legal representation at a hearing under section 14, unless a controlling body, in its sole discretion and having regard to the complexity of the evidence and the legal issues likely to be involved, determines otherwise.

(6) Any person who is the subject of any order made in terms of section 14(3) shall be given written notice thereof by a controlling body.

Appeals

16.(1) An appeal against any administrative decision by a controlling body, save as otherwise provided in subsection (2), shall:

(a) be lodged with a controlling body within one month from the date on which the decision was given against which the appeal is lodged; (b) be in triplicate, setting out in full the grounds for the appeal; (c) be accompanied by a non-refundable appeal fee as determined by a controlling body from time to time.

(2) Decisions taken by any official during a tournament shall not be subject to appeal.

(3) An appeal referred to in sub-section (1) shall be heard by an Appeal Board consisting of such persons as a controlling body may appoint from the members of the Appeal Panel.

(4) All decisions of an Appeal Board shall be final and binding on the persons concerned.

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(5) An Appeal Board shall determine the place, date and time for the hearing of any appeal and shall notify all persons concerned accordingly.

(6) An Appeal Board, when hearing an appeal, shall adopt such procedures as it, in its sole discretion, may determine provided that such procedures are consistent with the principles of natural justice.

(7) The appellant shall have the right to appear before an Appeal Board to argue his appeal and may be represented by a practising attorney and/or practising advocate but should any appellant or member of a controlling body not appear at the hearing of an appeal, such appeal may be proceeded with in her/his/its absence.

(8) The appellant and a controlling body (and their respective legal representatives) shall be bound by and confined to the record of a controlling body and shall not be entitled to introduce new evidence save with the permission of the Appeal Board, which may determine such matter in its sole discretion and on such terms and conditions as it may deem fit.

(9) An Appeal Board may order the appellant and any other person to appear before it when the appeal is considered but should any appellant or any other person not appear at an appeal at the time ordered, the appeal may be proceeded with in his or her absence and the Appeal Board may impose such penalty as it deems fit for such failure to so appear, including the cancellation of any licence.

(10) An Appeal Board, on hearing an appeal, shall have the powers:

(a) to allow the appeal; (b) to dismiss the appeal; (c) to substitute any finding or decision as it deems fit or substitute any punishment as it deems fit, including any increased punishment;

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(d) to make such order as in its opinion the circumstances may require including an order to remit the matter to a controlling body for the hearing of further evidence or an order for the hearing of a misconduct hearing de novo ; (e) to hear further evidence or receive any documents on such terms and conditions as it in its discretion may decide; (f) to substitute an alternative charge for the existing charge with the consent of the appellant and adjudicate on such alternative charge: Provided that any punishment imposed shall not be greater than the punishment previously imposed; (g) to order the appellant to pay all or a portion of the actual costs and other expenses reasonably incurred by a controlling body in connection with an appeal or any postponement thereof, in addition to any other punishment, if it is of the opinion that such order is warranted and to determine the amount of such costs and other expenses; (h) to interpret the meaning, effect and intent of any of the regulations; and (i) to make such rulings as it in its sole discretion shall determine.

Offences and penalties

17. Any person who contravenes any provision of this Act is guilty of an offence and on conviction liable to a fine or to imprisonment of 5 years or to both such fine and such imprisonment.

Procedures for resolution of disputes

18.(1) If there is a dispute concerning any matter regulated by or under this Act, any party to the dispute may, in writing, refer the dispute to a controlling body. (2) The party who refers the dispute to a controlling body must satisfy a controlling body that a copy of the referral has been served on all the other parties to the dispute.

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(3) A controlling body must attempt to resolve the dispute and must give its ruling in this regard and may make such order as to costs as it deems fit. (4) If the dispute remains unresolved or the parties do not agree with the finding of a controlling body, any party may refer the matter for arbitration to the Sports Confederation as contemplated in terms of section 13 of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended)

Regulations

19.(1) The Minister may make regulations with regard to—

(a) the manner and form in which any application under this Act must be made; (b) the nature of the particulars to be furnished with any application under this Act; (c) the form of any licence, or other document to be used for purposes of this Act; (d) the fees payable to a controlling body in respect of the issue or renewal of any licence, or other similar document, under this Act; (e) the powers and duties of officials during tournaments; (f) requirements for the licensing of any participant in combat sports; (g) the rules under which and the manner in which any tournament must be organised; (h) the manner in which participants must be attired and, in the case of a participant in combat sports, the nature, weight and quality of gloves and bandages to be used, if applicable; (i) the weighing of participants prior to any tournament, the testing of the physical and mental fitness and the medical examination of participants in combat sports prior to and during any tournament;

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(j) the rating of participant in combat sports and the sanctioning of fights between participants in combat sports; (k) the application and transgression of an anti-doping policy; (l) the institution of disciplinary actions, review procedures and dispute resolution mechanisms; (m) the circumstances under which any specified class of persons are prohibited from attending or taking part in tournaments generally or any specified kind of tournament; (n) the submission to a controlling body by the promoter of a tournament of a statement showing the expenditure incurred in connection with and the income derived from such tournament; (o) matters regarding the contracts between participants in combat sports and managers, and participants in combat sports and promoters, and, generally, with regard to any matter that in terms of this Act must be prescribed or any matter that the Minister considers it necessary or expedient to prescribe in order to achieve the objects of this Act.

Transitional provisions

20. (1) A controlling body must –

(a) within 12 months after the promulgation of the Act comply with all provisions of the Act; (b) subject to section 13C of the National Sport and Recreation Amendment Act, 1998 (Act No. 110 of 1998), within six months after the promulgation of the Act –

(i) submit its constitution to the national Department of Sport and Recreation; and

(ii) register its combat sports with the national Department of Sport and Recreation.

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Short title

21. The Act is called the South African Combat Sports Act, 2010.

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