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South African Combat Sports Bill, 2009

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South African Combat Sports Bill, 2009 1 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); South African Combat Bill 2 (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; South African Combat Bill 3 “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); South African Combat Bill 4 '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: South African Combat Bill 5 (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; South African Combat Bill 6 (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— South African Combat Bill 7 (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.
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