Soccer World Cup2010.info
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Soccer World Cup2010.info
NOTHING OFFICIAL ABOUT THIS WORLD CUP SITE!
sponsored by yzerfontein.info
© RW Baker
Terms of use
Yzerfontein@gmail.com
(suggestions welcomed)
South Africa provided FIFA with certain guarantees as part of its bid for hosting the 2010 FIFA World Cup. In order to facilitate these guarantees, South Africa is expected to introduce legislation that will remove any obstacles that may hinder their implementation.
At its meeting held on Wednesday, 17 May 2006, Cabinet announced that the 2010 FIFA World Cup SA Special Measures Bill was approved for submission to the National Assembly (parliament). On the 7th June 2006 the Bill was tabled in South Africa's parliament in Cape Town. The bill was passed by South Africa's parliament on the 15th August 2006.
The 2010 FIFA World Cup SA™ Special Measures Bill provides inter alia for:
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By extending the powers of the minister of trade and industry under the Merchandise Marks Act, the bill enables the minister to declare the 2010 World Cup a protected event (in order to safeguard Fifa's sponsors). The bill also strengthens existing laws outlawing ambush marketing.
2010 FIFA WORLD CUP SOUTH AFRICA™ SPECIAL MEASURES BILL
--------------------------------
(As introduced in the National Assembly as a section 75 and 76 Bill;
explanatory summary of Bill published in Government Gazette No. 28583 of
10 March 2006) (The English text is the official text of the Bill)
---------------------------------
(MINISTER OF SPORT AND RECREATION)
[B - 2006]
2
GENERAL EXPLANATORY NOTE:
[
]
Words in bold type in square brackets indicate omissions
from existing enactments.
___________
Words underlined with a solid line indicate insertions in
existing enactments.
BILL
To provide for the for the hosting and staging of the 2010 FIFA World
Cup South Africa™ in terms of an Organising Association Agreement
between FIFA and SAFA; to facilitate compliance by the Government of
the Republic with the guarantees issued by it in favour of FIFA; and to
provide for matters connected therewith.
PREAMBLE
WHEREAS the Federation Internationale de Football Association (FIFA) is the
world governing body for the sport of football and responsible for promoting
football around the world through educational and development programs and
through promoting and supervising international play;
AND WHEREAS FIFA invited the African Member Associations affiliated to
FIFA to bid for the right to serve as host for the final competition of the 2010
FIFA World Cup™ and provided interested national associations with a List of
Requirements regarding the staging and hosting of the final competition of the
2010 FIFA World Cup™;
AND WHEREAS the South African Football Association (SAFA) confirmed its
bid for the right to serve as host of the final competition of the 2010 FIFA
World Cup™ by submitting the bid documentation to FIFA;
AND WHEREAS the Government of the Republic of South Africa confirmed
its support for SAFA’s bid to host the 2010 FIFA World Cup™ by issuing a
Declaration in terms of which it undertook to issue all guarantees requested in
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the List of Requirements to ensure the success of the 2010 FIFA World Cup™
and that it will take all measures necessary in order to comply with such
guarantees and shall perform its obligations with due co-operation;
AND WHEREAS FIFA has appointed SAFA as host of the 2010 FIFA World
Cup™ in accordance with the Organising Association Agreement;
AND WHEREAS it is necessary to support the hosting by SAFA of the 2010
FIFA World Cup™ by facilitating compliance with the Declaration and the
guarantees referred to above,
BE IT, THEREFORE, ENACTED by Parliament of the Republic of South
Africa as follows:
Definitions
1. In this Act, unless the context otherwise indicates:
“2010 FIFA World Cup South Africa™” means the FIFA World Cup
football tournament to be staged and hosted in the Republic in 2010 in
terms of the Organizing Association Agreement and, for the purpose of
this Act, includes the 2009 FIFA Confederations Cup to be staged in
the Republic in 2009;
“accreditation card” means a card issued in the prescribed manner to
a person or vehicle to enter or be present in a designated area or in a
traffic-free zone;
“accredited foreign medical contingent” means a contingent of
health care providers, each member of which must be accredited by
the Department of Health in writing for the purposes of rendering health
services to the members of a team during the period specified in
accordance with the provisions of section 8(2);
“commercial affiliate” means any person notified as such in writing
by FIFA to the Minister and designated by the Minister as a commercial
affiliate by notice in the Government Gazette;
4
“designated area” means an area designated in the prescribed
manner and in respect of which access is limited to persons specifically
accredited to enter such area;
“duration of the 2010 FIFA World Cup South Africa” means a
period commencing on the date of the Organising Association
Agreement and concluding not later than 12 months after the
completion or termination of the final competition;
“FIFA” means the Federation Internationale de Football Association;
“final competition” means the final tournament of the 2010 FIFA
World Cup South Africa
TM
which shall be contested in the year 2010 in
the Republic by thirty two teams and which shall be deemed to endure
for the period stipulated by the Minister by notice in the Government
Gazette;
“liquor” bears the meaning assigned to it in section 1 of the Liquor
Act, 2003 (Act No. 59 of 2003);
“LOC” means the 2010 FIFA World Cup Organising Committee South
Africa (Association Incorporated Under Section 21);
“match” means a football match in its entirety (including overtime and
penalty kick phases) played as part of the 2010 FIFA World Cup South
Africa™, and any participating team training session, exhibition or
delayed or deferred matches and replays;
“Minister” means the Minister responsible for sport and recreation at
national level in South Africa;
“Organising Association Agreement” means the Organising
Association Agreement including its annexes entered into between
FIFA and SAFA;
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“peace officer” means a peace officer as defined in section 1 of the
Criminal Procedure Act, 1977 (Act No, 51 of 1977) and includes a
police official;
“permitted medical device” means, in relation to each accredited
foreign medial contingent, the medical devices, as defined in section 1
of the Medicines and Related Substances Act, 1965 (Act No. 101 of
1965), approved by the Department of Health in accordance with the
provisions of section 8, for use by such accredited foreign medical
contingent in accordance with section 9;
“permitted medicines and Scheduled substances” means, in
relation to each accredited foreign medical contingent, the medicines
and Scheduled substances, as defined in section 1 of the Medicines
and Related Substances Act, 1965 (Act No. 101 of 1965) approved by
the Department of Health in accordance with the provisions of section
8, for use by such accredited foreign medical contingent in accordance
with section 9;
“police official” means a member of the South African Police Service
as defined in section 1 of the South African Police Service Act, 1995
(Act No. 65 of 1995) and includes a member of a municipal police
service as defined in the said section;
“prescribed” means prescribed by regulation;
“Regulations” means any regulations promulgated in terms of
section 11 of this Act;
“SAFA” means the South African Football Association or its
successors-in-title;
“stadium” means a stadium which has been declared by the Minister
in accordance with section 3 as a stadium that will host one or more
matches of the 2010 FIFA World Cup South Africa™;
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“team” means the twenty three football players and the persons
accompanying such football players who together represent a national
association affiliated to FIFA which national association has qualified to
participate in the 2010 FIFA World Cup South Africa
TM
;
“Traffic-free zone” means a public road or area, clearly marked in the
prescribed manner as a traffic-free zone in which no person may drive
or park a vehicle unless specifically authorised to do so; and
“venue” means any area or place, other than a stadium which is
demarcated by an enclosed or semi-enclosed temporary or permanent
building structure, where one or more matches are to be hosted under
the auspices of the 2010 FIFA World Cup South Africa™, which area or
place may consist, amongst others, of seating for spectators, attendees
and/or an audience and a field of play and/or a permanent or
temporary podium or other recreational area, reserved for the purposes
of the 2010 FIFA World Cup South Africa™ and which area or place
has been declared by the Minister, in accordance with section 3, as a
venue under the auspices of the 2010 FIFA World Cup South Africa™.
Consequences of declaration of 2010 FIFA World Cup South Africa as a
protected event
2. When the Minister of Trade and Industry declares the 2010 FIFA World
Cup as a protected event in terms of section 15A(1) of the Merchandise
Marks Act, 1941 (Act No. 17 of 1941), he or she may, notwithstanding section
15A(1)(a)(ii) of that Act, stipulate by notice in the Government Gazette a date
later than one month after the completion or termination of the final
competition as the date on which the protection afforded by such a declaration
ends.
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Declaration as a stadium or a venue
3. The Minister shall upon receipt of written confirmation from the LOC
that –
(a) a stadium has been identified and selected to host one or more
matches under the auspices of the 2010 FIFA World Cup South
Africa
TM
; and
(b) a venue has been identified and selected,
declare by notice in the Government Gazette that such stadium and/or venue
is a stadium and/or venue recognised as such for the purposes of this Act.
National anthems and flags
4. Having due regard to the provisions of the Government guarantee
issued by the Minister of Foreign Affairs on 14 July 2003, it is hereby enacted
that –
(a) all national anthems of the countries represented by each team
may be played during any match and/or other official event of
the 2010 FIFA World Cup South Africa
TM
;
(b) all national flags of the countries represented by each team may
be flown during any match and/or other activity held under the
auspices of the 2010 FIFA World Cup South Africa
TM
.
Visas and work permits
5. (1) The Minister of Home Affairs shall, upon application by persons
from countries that are not exempt from complying with visa requirements,
issue visas to such persons in terms of section 10A(3)(a) of the Immigration
Act, 2002 (Act No. 13 of 2002), in order to attend the 2010 FIFA World Cup
South Africa™ as spectators: Provided that such applications are lodged at
least 14 days prior to that person’s departure to the Republic of South Africa:
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Provided further that a person intending to conduct work or business for the
duration of the 2010 FIFA World Cup South Africa™ shall be required to
submit a letter from FIFA approving the activity to be performed in the
Republic of South Africa for the duration of 2010 FIFA World Cup South
Africa™ in order to qualify for an authorization in terms of section 11(2) of the
said Immigration Act.
(2) The Director-General of Home Affairs shall, upon entry into the
Republic of South Africa of persons of countries that are exempt from
complying with visa requirements, issue visitor’s permits to such persons in
terms of section 11(1)(b)(i) of the said Immigration Act, in order to attend the
2010 FIFA World Cup South Africa™ as spectators: Provided that a person
intending to conduct work or business for the duration of the 2010 FIFA World
Cup South Africa™ shall be required to submit a letter from FIFA approving
the activity to be performed in the Republic of South Africa for the duration of
2010 FIFA World Cup South Africa™ in order to qualify for an authorization in
terms of section 11(2) of the said Immigration Act.
(3) In the case of participating teams, including support staff, the letter
contemplated in subsection (1) or (2), whichever is applicable, shall not be
required for purposes of issuing visitor’s permits to the mentioned persons by
the Director-General of Home Affairs for admission into and sojourning in the
Republic of South Africa to participate in or attend the 2010 FIFA World Cup
South Africa™.
(4) Upon application by FIFA to the Minister of Home Affairs in terms of
section 31(2)(a) of the said Immigration Act, dignitaries identified as such by
FIFA may be allowed by the Minister of Home Affairs to enter and sojourn in
the Republic of South Africa for the duration of the 2010 FIFA World Cup
South Africa™: Provided that a list containing the personal particulars of the
distinguished visitors prepared by FIFA is received by the Minister of Home
Affairs at least 30 days prior to their intended travel to the Republic of South
Africa.
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Suspension of restrictions regarding import and export, marketing,
distribution and consumption of liquor in respect of 2010 FIFA World
Cup South Africa
6.(1) Notwithstanding the provisions of sections 12 and 13 of the Liquor
Act, 2003 (Act No. 59 of 2003), with regard to the registration requirements
associated with the right to distribute liquor within the Republic or any other
restrictive provisions contained in any national or provincial legislation
pertaining to:
(a) the marketing of liquor at a stadium or a venue;
(b) the distribution of liquor at a stadium or a venue;
(c) the consumption of liquor at a stadium or a venue; and
(d) the advertisement of liquor during the 2010 FIFA World Cup,
a commercial affiliate shall, for the duration of the 2010 FIFA World Cup
South Africa™, be entitled to-
(i) do whatever is necessary to exercise the marketing rights
granted to it by FIFA in writing at any stadium or venue;
and
(ii) comply with its obligations relating thereto in accordance
with the terms and conditions agreed with FIFA and
subject to the provisions of any other applicable laws.
(2) FIFA shall submit to the Department of Health –
(a)
details of the nature, type, quantity and manufacturer of liquor to be
imported by each commercial affiliate into the Republic for
consumption and/or distribution at any stadium and/or venue during
the 2010 FIFA World Cup South Africa
TM
, and
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(b)
such further information in respect of any liquor imported, exported,
marketed, distributed and/or consumed at a stadium and/or a
venue, as is prescribed in accordance with section 10.
Suspension of prohibition on sale of unregistered medicines,
registration of and community service for certain health care providers
7.(1) Notwithstanding the provisions of –
(a) section 14 of the Medicines and Related Substances Act, 1965 (Act
No. 101 of 1965) pertaining to the prohibition on the sale of
unregistered medicines as defined in that Act;
(b) section 19 of the said Medicines and Related Substances Act, 1965
(Act No. 101 of 1965), pertaining to the prohibition on the sale of any
medicine, as defined in that Act, unless it complies with the prescribed
requirements;
(c) section 22A of the Medicines and Related Substances Act, 1965 (Act
No. 101 of 1965) pertaining to the prohibition on the sale, possession
and manufacture of any medicine or scheduled substance, as defined
in that Act, contrary to the conditions prescribed therein; and
(d) section 22B of the said Medicines and Related Substances Act 1965
(Act No. 101 of 1965), pertaining to the prohibition on the compounding
and dispensing of medicines, as defined in that Act, without a licence,
and the import and export of medical devices, as defined in that Act,
without a licence,
every member of an accredited foreign medical contingent shall, subject to
section 8, be entitled to-
(i) sell, possess, compound and dispense permitted
medicines and scheduled substances; and
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(ii) to import and export permitted medical devices, for the
period or periods of accreditation granted by the
Department of Health in accordance with the provisions
of section 8(2)
:Provided that the sale, possession, compounding and dispensing of such
permitted medicines and scheduled substances, and the import and export
of such permitted medical devices, is undertaken solely for purposes of
rendering health services, as required, to members of the team in respect
of which he or she is accredited to render health services.
(2)
Notwithstanding the provisions of –
(a)
sections 13, 14(c) and 14A of the Pharmacy Act, 1974 (Act No. 53
of 1974) pertaining to the registration of and community service for
pharmacists;
(b)
sections 17 and 24A of the Medical, Dental and Supplementary
Health Service Professions Act, 1974 (Act No. 56 of 1974)
pertaining to the registration of and community service for those
health service professionals referred to in section 17 of that Act;
(c)
section 16 of the Nursing Act, 1978 (Act No. 50 of 1978) pertaining
to the registration of nurses and other persons referred to in that
section;
(d)
any other national or provincial legislation pertaining to the
registration of or community service for health care providers as
defined in section 1 of the National Health Act, 2003 (Act No. 61 of
2003),
every member of an accredited foreign medical contingent shall be entitled to
render health services to the members of that team in respect of which he or
she has been accredited to render health services, for the period or periods of
accreditation granted by the Department of Health in accordance with the
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provisions of section 8(2), without being registered or undertaking community
service as contemplated in those provisions.
Accreditation of accredited foreign medical contingents and approval of
permitted medicines and scheduled substances and permitted medical
devices
8. (1) The Department of Health shall grant accreditation in writing as a
member of an accredited foreign medical contingent to any person: Provided
that –
(a)
application for accreditation is made by FIFA in writing on behalf of
such person;
(b)
such application contains the following information in respect of
such person:
(i)
his or her full name and passport number;
(ii)
the country of origin of the team in respect of which he or she
will render health services;
(iii)
the period or periods for which accreditation is required to
render the health services: Provided that such period or
periods fall within the duration of the 2010 FIFA World Cup
South Africa
TM
;
(i)
the name of each member of the team in respect of which
he or she will render health services; and
(v)
such further information in respect of the accredited foreign
medical contingent and the team in respect of which such
accredited foreign medical contingent will render health
services as is prescribed in accordance with section 10.
(2)
The written accreditation granted by the Department of Health
as contemplated in subsection (1) shall specify –
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(a)
the full names of all members of the accredited foreign medical
contingent;
(b)
the period or periods for which the accreditation is granted by the
Department of Health in respect of each member of the accredited
foreign medical contingent; and
(c)
any condition or conditions relating to the granting of such written
accreditation as determined necessary by the Department of
Health.
(3)
The Department of Health shall grant approval in writing, as
permitted medicines and Scheduled substances or permitted medical
devices, as the case may be, in respect of such medicines, Scheduled
substances and medical devices, as are –
(a)
notified in writing to the Department of Health by FIFA, on behalf of
an accredited foreign medical contingent;
(b)
described, in such notification, with reference to the following:
(i)
the full name and manufacturer of such medicine,
Scheduled substance or medical device; and
(ii)
the quantity of each medicine or scheduled substance or
the number of each medical device, as the case may be,
required by the applicable accredited foreign medical
contingent; and
(iii)
such further information in respect of permitted medicines
and Scheduled substances or permitted medical devices,
as is prescribed in accordance with section 10.
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Scope of authority of accredited foreign medical contingent
9. An accredited foreign medical contingent shall be entitled to render
health services solely as follows:
(a) during the period or periods of accreditation as specified by the
Department of Health in the written notice referred to in section 8(2);
and
(b) in respect of the members of a team of which each member of the
accredited foreign medical contingent has been accredited to render
health services as notified to the Department of Health in accordance
with section 8(2).
Access control measures
10.(I) A person, who is not accredited to enter a designated area, may
not enter such area.
(2)
Any person, who is not accredited to enter a designated area
and who enters such area or is found in such area, is guilty of an offence and
may, upon conviction of the offence, be sentenced to a fine or to
imprisonment for a period not exceeding six months or to such fine and such
imprisonment.
(3)
A peace officer may request any person, who wishes to enter or
is found in a designated area, to produce an accreditation card authorising
such person to enter such area.
(4)
A peace officer may refuse permission to a person to enter a
designated area unless such person produces an accreditation card
authorising him or her to enter such area.
(5)
A peace officer may remove any person from a designated area
if such person is found in that area and, upon the request of the peace officer,
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refuses or fails to produce an accreditation card authorising him or her to
enter such area.
Traffic-free zones
11.(1) A person, who is not authorised to drive a vehicle into or in a
traffic-free zone may not drive a vehicle into or in a traffic-free zone.
(2)
Any person, who is not authorised to drive a vehicle into or in a
traffic-free zone and who drives a vehicle into or in a traffic-free zone, is guilty
of an offence and may, upon conviction of the offence, be sentenced to a fine
or to imprisonment for a period not exceeding six months or to such fine and
such imprisonment.
(3) Any peace officer who has reasonable grounds to believe that
authorisation has not been granted for a particular vehicle to be parked in a
traffic-free zone and who finds such vehicle parked in such a zone, may –
(a) if the owner or person who parked the vehicle is readily available, order
such person to remove the vehicle from the zone; or
(b) if the owner or person who parked the vehicle is not readily available,
remove the vehicle from the zone and impound the vehicle as
contemplated in regulation 305(6) of the National Road Traffic
Regulations, 2000 and the owner of the vehicle is liable as set out in
such regulation.
(4)
Any person who refuses or fails to immediately remove a vehicle
from a traffic-free zone when ordered to do so by a peace officer, is guilty of
an offence and may upon conviction of the offence, be sentenced to a fine or
to imprisonment not exceeding six months.
(5)
A peace officer may request any person, who wishes to enter or
is found in a traffic-free zone in a motor vehicle, to produce an accreditation
card authorising such person and such vehicle to enter such zone.
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(6)
A peace officer may refuse permission to a person to enter a
traffic-free zone unless such person produces an accreditation card
authorising him or her to enter such zone and an accreditation card
authorising the vehicle to enter the zone.
(7)
A peace officer may direct any person found in a vehicle in a
traffic-free zone, to remove the vehicle from the zone if such person, upon the
request of the peace officer, refuses or fails to produce an accreditation card
authorising him or her and the vehicle to enter such zone.
Search and seizure
12.(1) A peace officer may search any person intending to enter a
designated area or found inside such an area and may search any vehicle or
container in the possession or under the control of such person for any
prescribed object and may seize such an object found on such person, in or
on such vehicle or in or on such container and deal with the seized object in
the prescribed manner.
(2)
A peace officer who may lawfully search a person, vehicle or
container referred to in sub section (1) may use such force as may be
reasonably necessary and proportional in all the circumstances to overcome
any resistance to the search or seizure, including breaking open the vehicle or
container.
Regulations
13. (1) The Minister may, by notice in the Gazette, make regulations as
to:
(a) any matter that is required or permitted by this Act to be prescribed;
(b) the exercise of the marketing rights of a commercial affiliate regarding
the import and export, marketing, distribution and consumption of liquor
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for the purposes of facilitating the hosting and staging of the 2010 FIFA
World Cup South Africa™;
(c) the suspension of the prohibition on the sale, possession,
compounding and dispensing of permitted medicines and Scheduled
substances and permitted medical devices and the registration of and
community service for health care providers, for purposes of facilitating
the hosting and staging of the 2010 FIFA World Cup South Africa™, or
any other matter related thereto; and
(d) generally, as to any other matter in respect of which the Minister
considers it necessary or expedient regulations, in order to achieve the
objects of this Act;
(2) The Minister for Safety and Security may make regulations
regarding –
(a)
any matter which may be prescribed in terms of sections 10, 11
and 12 of this Act;
(b)
all matters generally which are necessary or expedient for the
Department of Safety and Security to ensure compliance with its
guarantee to FIFA regarding all security measures relating to the
2010 FIFA World Cup South Africa™.
(3)
Any regulation made under subsection (2) may declare a
contravention thereof or failure to comply therewith to be an offence and that
a person convicted of such an offence may be sentenced to a fine or to
imprisonment for a period not exceeding 12 months or to both such fine and
such imprisonment.
Short title
14. This Act shall be called the 2010 FIFA World Cup South Africa™
Special Measures Act, 2006.
14th draft: GB 22/02/06
16 August 2006 |